PART 2Payment of fees

Payment of fees

regulation 3 + 3.—(1) Subject to Part 3 (applications where no fee is payable), where a notice of review is given under regulation 9 of the 2013 Regulations a fee is payable to the planning authority in accordance with the provisions of this regulation.

(2) Subject to paragraph (3), the fee payable is the fee calculated in accordance with the schedule of these Regulations.

(3) The fee payable for a review in respect of an application for planning permission made under section 42 (applications to develop land without complying with previous conditions) of the Act is £143.

(4) Any fee payable under this regulation must—

regulation 3 4 a + (a)accompany the notice of review, and

regulation 3 4 b + (b)be refunded if the notice of review is rejected as invalidly made.

Waiving or reducing of fees

regulation 4 + 4.—(1) The planning authority may waive or reduce any review fee payable under regulation 3 in accordance with the provisions of this regulation.

(2) The planning authority may only waive or reduce a fee following the publication of a charter setting out the circumstances in which the planning authority will consider waiving or reducing a fee payable to them.

(3) The charter must include but is not limited to the circumstances—

regulation 4 3 a + (a)where the review relates to development which, in the opinion of the planning authority, has the primary purpose of contributing to a not for profit enterprise or a social enterprise, and

regulation 4 3 b + (b)where the review relates to development which, in the opinion of the planning authority, is likely to contribute to improving the health of residents of the area to which the review relates.

(4) In waiving or reducing any fee payable, the planning authority must state the reasons for doing so on any decision notice.

(5) A charter produced by a planning authority under paragraph (2) must be published by means of the internet.

term social enterprise + term not for profit enterprise + (6) For the purposes of paragraph (3) “not for profit enterprise” and “social enterprise” have the same meanings as in section 252(1F) of the Act(1).