SCHEDULE CALCULATION OF FEES

PART 1General provisions

Mixed use

5.—(1) Where this paragraph applies the fee payable for an appeal is calculated and payable in accordance with sub-paragraphs (3) to (6).

(2) This paragraph applies in respect of development which is partly within category 1 and partly within category 4 of table 1.

(3) Subject to sub-paragraphs (4) and (5), the fee payable is the sum of—

(a)the amount calculated and payable for the amount of gross floor space which is to be created by that part of the development which is within category 4 (“the non-residential floor space”), and

(b)the amount payable in respect of that part of the development which is within category 1.

(4) Where sub-paragraph (5) applies for the purpose of sub-paragraph (3), the amount of non-residential floor space is to be assessed in relation to that building as including such proportion of the common floor space as the amount of non-residential floor space in the building bears to the total amount of gross floor space in the building.

(5) This sub-paragraph applies where any of the buildings is to contain floor space for the purposes of providing common access or common services or facilities for persons occupying or using that building for residential purposes, and for persons occupying or using that building for non-residential purposes (“common floor space”).

(6) Where an appeal to which this paragraph applies relates to development which is also within one or more of any other category of table 1, an amount is to be calculated in accordance with each such category and if any of the amounts so calculated exceeds the amount calculated in accordance with sub-paragraph (3) that higher amount is the fee payable in respect of all of the development to which the appeal relates.