LegalizeThe Developments of National Significance (Fees) (Wales) Regulations 2016
Made: 27 January 2016
Coming into force: 1 March 2016
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Title, commencement and application
1
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Interpretation
2
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Fee for local planning authorities’ pre-application services
3
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Fee for Welsh Ministers’ pre-application services
4
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Fee for notification of a proposed application
5
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Fee for making an application
6
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Initial fee for an application
7
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Fee for a local impact report
8
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Remission and refund of report fee
9
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Fee for examining an application
10
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Fee for notification of intention to vary
11
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Fee for the Welsh Ministers determining an application
12
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SCHEDULE — Amounts Payable in Respect of Fees for Developments of National Significance
| Column 1 Regulation | Column 2 Subject matter | Column 3 |
|---|---|---|
| Regulation 3(2) | Local planning authorities’ pre-application services | £1,500 |
| Regulation 4(3) | Hourly rate for planning officer | £55 plus value added tax |
| Regulation 5(2) | Notification fee | £580 |
| Regulation 7(2) | Initial fee | £15,350 |
| Regulation 8(2) | Report fee in the case of a local impact report required in respect of an application pursuant to section 73 of the 1990 Act (determination of applications to develop land without compliance with conditions previously attached)[^f00012] where a local impact report has previously been submitted | £2,350 |
| Report fee in any other case | £7,750 | |
| Regulation 10(2)(a)(i) | Daily rate for an appointed person examining an application on the basis of written representations | £870 |
| Regulation 10(2)(a)(ii) | Daily rate for an appointed person examining an application by way of hearing or inquiry | £920 |
| Regulation 11(2) | Variation fee | £520 |
| Regulation 12(3) | Fixed fee for the Welsh Ministers determining an application | £14,700 |
Signed
Carl Sargeant — Minister for Natural Resources, one of the Welsh Ministers — 27 January 2016
Explanatory note
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Footnotes
[^f00001]: 1990 c. 8. Section 303 was substituted by section 199 of the Planning Act 2008 (c. 29) and was amended by section 27 of, and paragraph 18 of Schedule 4 to, the Planning (Wales) Act 2015 (anaw. 4). See section 336(1) of the 1990 Act for the meaning of “prescribed”. Other amendments are not relevant to these Regulations. Section 333(2A) was inserted by section 118(1) of, and paragraphs 1 and 14 of Schedule 6 to, the Planning and Compulsory Purchase Act 2004 (c. 5).
[^f00002]: Section 62D was inserted by section 19 of the Planning (Wales) Act 2015.
[^f00003]: S.I. 2016/55 (W.25).
[^f00004]: S.I. 2016/56 (W.26).
[^f00005]: Schedule 4D was inserted by section 26 of, and paragraph 1 of Schedule 3 to, the Planning (Wales) Act 2015.
[^f00006]: Section 62E was inserted by section 19 of the Planning (Wales) Act 2015.
[^f00007]: Article 4 provides that the representation period is five weeks but the Welsh Ministers may by direction extend this in any particular case.
[^f00008]: For “local impact report” see section 62K of the 1990 Act. Section 62K was inserted by section 21 of the Planning (Wales) Act 2015. A local impact report must be submitted by relevant local planning authorities, see section 62I.
[^f00009]: For “relevant local planning authority” see section 62I(5) of the 1990 Act. Section 62I was inserted by section 21 of the Planning (Wales) Act 2015.
[^f00010]: For secondary consents, see section 62H of the 1990 Act. Section 62H was inserted by section 20 of the Planning (Wales) Act 2015. Secondary consents are prescribed for the purposes of section 62H by the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (S.I. 2016/53) (W.23).
[^f00011]: For “Planning obligations” see section 106 of the 1990 Act. Section 106 was substituted by section 12(1) of the Planning and Compensation Act 1991 (c 3) and amended by section 174(2) of the Planning Act 2008 (c. 29). Other amendments are not relevant to these Regulations.
[^f00012]: Section 73 was amended by sections 42 and 120 of, and paragraph 1 of Schedule 9 to, the Planning and Compulsory Purchase Act 2004. Other amendments are not relevant to these Regulations. See section 62D(6) and (7) of the 1990 Act for the circumstances in which an application under section 73 is to be treated as being a national significant development application.
Editorial notes
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