SCHEDULE CALCULATION OF FEES
PART 1General provisions
Tables of fees
1.—(1) The fee payable under regulation 3 for an appeal in respect of an application relating to a category of development in column 1 of the relevant table contained in Part 3 of this schedule is the fee calculated in accordance with the appropriate entry in column 2 of that table and paragraphs 10 to 13 of Part 2.
(2) The relevant table is—
(a)table 1 in relation to an appeal in respect of an application for—
(i)planning permission, or
(ii)approval, consent or agreement required by a condition imposed on a grant of planning permission in principle,
(b)table 2 in relation to an appeal in respect of an application for planning permission in principle,
(c)table 3 in relation to an appeal in respect of an application for a certificate of lawful use or development under section 150 of the Act or for a certificate of proposed use or development under section 151 of the Act,
(d)table 4 in relation to an appeal in respect of an application for any approval required under the General Permitted Development Order.
Categories of development
2. In this schedule—
(a)any reference to a category of development is a reference to one of the categories of development specified in column 1 of the relevant table, and
(b)in the case of an appeal in respect of an application for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle, references to the category of development to which the application relates are to be construed as references to the category of development authorised by the relevant planning permission in principle.
Calculation of area or floor space
3. Where, in respect of any category of development the fee must be calculated by reference to—
(a)the site area—
(i)that area is to be taken as consisting of the area of land to which the application in respect of which the appeal is made relates, and
(ii)where the area is not an exact multiple of the unit of measurement specified in respect of the relevant category of development, the fraction of a unit remaining after division of the total area by the unit of measurement is to be treated as a complete unit, and
(b)the gross floor space—
(i)the area of gross floor space is to be ascertained by external measurement of the floor space, whether or not it is to be bounded wholly or partly by external walls of a building, and
(ii)where the floor is to be measured by units of 100 square metres any floor space remaining after division of the gross floor space by 100 square metres is to be treated as 100 square metres.
Alternative applications
4. Where an appeal is made in respect of an application which relates to development which is within more than one of the categories of development—
(a)an amount is to be calculated in respect of each category of development, and
(b)the highest amount so calculated is the fee payable in respect of the appeal.
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.
Glasshouses and polytunnels
6. In table 1 “glasshouse and polytunnel” means a building which—
(a)has not less than three-quarters of its total external area comprised of glass or other translucent material,
(b)is designed for the production of flowers, fruit, vegetables, herb or other horticultural produce, and
(c)is used, or is to be used, solely for the purposes of agriculture.
Planning permission in principle granted before 1 April 2022
7. Where the appeal is made in respect of an application for the approval, consent, or agreement required by a condition imposed on a grant of permission in principle and—
(a)the planning permission in principle was granted before 1 April 2022, and
(b)the application relates to development within categories 1, 4, 17, or 21 of table 1,
the fee payable under regulation 3 is subject to a maximum of £50,000.
Planning permission in principle granted before 12 December 2024
8. Where the appeal is made in respect of an application for the approval, consent, or agreement required by a condition imposed on a grant of permission in principle and—
(a)the planning permission in principle was granted on or after 1 April 2022 and before 12 December 2024, and
(b)the application relates to development within categories 1, 4, 17, or 21 of table 1,
the fee payable under regulation 3 is subject to a maximum of £60,000.
Planning permission in principle granted before 9 June 2025
9. Where the appeal is made in respect of an application for the approval, consent, or agreement required by a condition imposed on a grant of permission in principle and—
(a)the planning permission in principle was granted on or after 12 December 2024 and before 9 June 2025, and
(b)the application relates to development within categories 1, 4, 17, or 21 of table 1,
the fee payable under regulation 3 is subject to a maximum of £69,142.