PART 1INTRODUCTORY

Citation, commencement and extent

regulation 1 + 1.—(1) These Regulations may be cited as the Town and Country Planning (Fees and Consequential Amendments) Regulations 2025.

(2) This regulation, and regulation 13(1) and (13), come into force on the day after the day on which these Regulations are made.

(3) All other provisions of these Regulations come into force on 1st May 2025.

(4) Unless otherwise stated, each amendment made by these Regulations has the same extent as the provision amended.

PART 2FEES AMENDMENTS

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012

regulation 2 + 2.—(1) The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012(3) are amended as follows.

(2) In regulation 1 (citation, commencement, application and expiry), in paragraph (4)(b)(iv)—

regulation 2 2 a + (a)for “293A” substitute “293B or 293D”, and

regulation 2 2 b + (b)for “urgent crown development” substitute “urgent Crown development and Crown development”.

(3) In regulation 12 (fee payable in respect of urgent crown development applications)—

regulation 2 3 a + (a)in the heading, for “urgent crown development” substitute “urgent Crown development and Crown development”,

regulation 2 3 b + (b)in paragraph (1)—

regulation 2 3 b i + (i)for “293A” substitute “293B or 293D”, and

regulation 2 3 b ii + (ii)after “development” insert “and crown development”,

regulation 2 3 c + (c)in paragraph (2), for “293A” substitute “293B or 293D”, and

regulation 2 3 d + (d)after paragraph (5), insert—

regulation 2 3 e + (e)“(6) Where the Secretary of State refers a planning application to the local planning authority under section 293D(7) of the 1990 Act, any fee paid under this regulation shall be refunded and becomes payable instead to the local planning authority”.

PART 3AMENDMENTS TO PRIMARY LEGISLATION CONSEQUENTIAL UPON THE LEVELLING-UP AND REGENERATION ACT 2023

The Opencast Coal Act 1958

regulation 3 + 3.  In section 51 of the Opencast Coal Act 1958(4) (interpretation), in the definition of “planning permission” in subsection (1), after “Part III” insert “or, in relation to England, Part 13”.

The Caravan Sites and Control of Development Act 1960

regulation 4 + 4.  In section 29 of the Caravan Sites and Control of Development Act 1960(5) (interpretation of Part I), after subsection (5) insert—

“(6) A reference in this Part to planning permission under Part 3 of the Town and Country Planning Act 1990 (including such a reference made by virtue of section 2(4) of the Planning (Consequential Provisions) Act 1990) includes, in relation to England, permission under Part 13 of that Act.”

The Pipe-lines Act 1962

regulation 5 + 5.—(1) The Pipe-lines Act 1962(6) is amended as follows.

(2) In section 9A (provisions for securing that an additional pipe-line is so constructed as to reduce necessity for construction of other pipe-lines), in subsection (6), after “Part III”, in the first place it occurs, insert “or, in relation to England, Part 13”.

(3) In section 66 (general interpretation provisions), in the definition of “diversion” in subsection (1), after “Part III”, in the first place it occurs, insert “or, in relation to England, Part 13”.

The Gas Act 1965

regulation 6 + 6.  In section 28 of the Gas Act 1965(7) (interpretation of Part II), in the definition of “planning permission” in subsection (1), after “(other than sections 88 or 89)” insert “or, in relation to England, Part 13 of that Act”.

The Caravan Sites Act 1968

term planning permission + regulation 7 + 7.  In section 16 of the Caravan Sites Act 1968(8) (interpretation), in the definition of “planning permission” (as it applies in England and Wales), after “Part III” insert “or, in relation to England, Part 13”.

The Highways Act 1980

regulation 8 + 8.—(1) The Highways Act 1980(9) is amended as follows.

(2) In section 80 (powers to fence highways), in subsection (3)(c), after “Part III” in the first place it occurs, insert “or, in relation to England, Part 13”.

(3) In section 96A (duty of local highway authorities in England to consult before felling street trees), in subsection (3)(e)(i), after “79” insert “or, in relation to England, under Part 13”.

(4) In section 166 (forecourt abutting on streets), in subsection (3), after “Part III” insert “or, in relation to England, Part 13”.

The Local Government (Miscellaneous Provisions) Act 1982

regulation 9 + 9.  In section 37 of the Local Government (Miscellaneous Provisions) Act 1982(10) (temporary markets), in subsection (8), after “Part III” insert “or, in relation to England, Part 13”.

The Mobile Homes Act 1983

regulation 10 + 10.  In section 5 of the Mobile Homes Act 1983(11) (interpretation), in the definition of “planning permission” in subsection (1), after “Part III”, in the first place it occurs, insert “or, in relation to England, Part 13”.

The Housing Act 1985

regulation 11 + 11.  In section 610 of the Housing Act 1985(12) (power of court to authorise conversion of house into flats), in subsection (1)(b) for “Part III of the Town and Country Planning Act 1990 (general planning control)” substitute “Part III (general planning control) or, in relation to England, Part 13 (application to Crown land) of the Town and Country Planning Act 1990”.

The Airports Act 1986

regulation 12 + 12.  In section 61 of the Airports Act 1986(13) (compensation in respect of planning decisions relating to safety of airports etc.), in subsection (6), after “Part III” in the first place it occurs, insert “or, in relation to England, Part 13”.

The Town and Country Planning Act 1990

regulation 13 + 13.—(1) The Town and Country Planning Act 1990(14) is amended as follows.

(2) In section 5 (the Broads), in subsection (1), after “250” insert “, 293B to 293J”.

(3) In section 58 (granting of planning permission: general), in subsection (1), after paragraph (d) insert—

“(e)by the Secretary of State in accordance with the provisions of sections 293B to 293J.”.

(4) In section 59A (development orders: permission in principle), in subsection (13), after “Part” insert “, or under section 293D,”.

(5) In section 88 (planning permission for development in enterprise zones), in subsection (9), omit “made under this Part”.

(6) In section 97 (power to revoke or modify planning permission or permission in principle), in subsection (1)(a), after “Part” insert “or, in relation to England, Part 13”.

(7) In section 99 (procedure for s. 97 orders: unopposed cases), in subsection (8)(a), after “Part VII” insert “or by the Secretary of State under Part 13”.

(8) In section 100ZA (restrictions on power to impose planning conditions in England)—

regulation 13 8 a + (a)in subsection (9), after “Part” insert “or Part 13”, and

regulation 13 8 b + (b)in subsection (13)(a), after “Part” insert “or Part 13”.

(9) In section 247 (highways affected by development: orders by Secretary of State), in subsection (2A)(a) for “section 293A” substitute “Part 13”.

(10) In section 248 (highways crossing or entering route of proposed new highway, etc.), in subsection (1)(a), after “Part III” insert “or, in relation to England, Part 13”.

(11) In section 253 (procedure in anticipation of planning permission), in subsection (1)(a), omit “under Part III”.

(12) In section 264 (cases in which land is to be treated as not being operational land), in subsection (5)(a) after “Part III” insert “or, in relation to England, Part 13”.

(13) In section 327ZA (planning applications in England: powers as to form and content), in subsection (11), in the definition of “planning application”, for “or 8” substitute “, 8 or 13”.

(14) In Schedule 7A (biodiversity gain in England)—

regulation 13 14 a + (a)in Part 1 (overview and interpretation), in paragraph 12(1), in the definition of “planning authority”, after paragraph (c) insert—

“(d)in a case where the planning permission is granted under Part 3 by virtue of section 293H(1), “planning authority” means either—

(i)where a person appointed by the Secretary of State in accordance with section 293I granted the planning permission, such of that person or the local planning authority as that person may determine, or

(ii)where the Secretary of State granted the planning permission in accordance with section 293J, such of the Secretary of State or the local planning authority as the Secretary of State may determine.”, and

regulation 13 14 b + (b)in Part 2 (condition of planning permission relating to biodiversity gain), in paragraph 17(a)(ii) for “293A” substitute “293C”.

The Countryside and Rights of Way Act 2000

regulation 14 + 14.  In Schedule 1 to the Countryside and Rights of Way Act 2000(15) (excepted land for the purposes of Part 1), in paragraph 15(1) of Part 2, omit “Part III of”.

The Commons Act 2006

regulation 15 + 15.  In Schedule 1A to the Commons Act 2006(16) (exclusion of right under section 15: England), in the Table, in the first column, for paragraph 2 substitute—

“2.  The Secretary of State gives notice under subsection (5) of section 293B of the 1990 Act agreeing to determine an application for planning permission made in relation to the land under that section; or, in relation to an application for planning permission or permission in principle made in relation to the land under section 293D of the 1990 Act, the Secretary of State gives notice under subsection (4) of that section stating that the Secretary of State considers the development to be of national importance.”.

The Housing and Regeneration Act 2008

regulation 16 + 16.  In section 13 of the Housing and Regeneration Act 2008(17) (power of the Secretary of State to make designation orders), after subsection (5) insert—

“(5A) The fact that the purposes of Part 13 of the Town and Country Planning Act 1990 are not permitted purposes does not affect the construction of references to the local planning authority to which an application could have been made in sections 293B to 293J in the Part.”.

The Planning Act 2008

regulation 17 + 17.  In section 235 of the Planning Act 2008(18) (interpretation), in the definition of “planning permission” in subsection (1), after “Part 3” insert “or, in relation to England, Part 13”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to primary legislation that are consequential on provisions contained in the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”) as well as making amendments in relation to fees for certain planning applications.

Section 109 of the 2023 Act inserts new sections 293B to 293J into the Town and Country Planning Act 1990 (c. 8) to provide two new routes for applications for planning permission for the development of Crown land in England. Sections 293B and 293C provide a route for such applications where the development is considered to be of national importance and where there is also considered to be a need for the development to be carried out as a matter of urgency. Sections 293D to 293J provide a route for such applications where development is considered to be of national importance but is not considered to be urgent.

Part 2 of these Regulations contains amendments to the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (S.I. 2012/2920) to specify where fees are payable in respect of applications made to the Secretary of State under the new provisions contained in sections 293B to 293J.

Part 3 of these Regulations contains amendments to existing primary legislation which are consequential on new sections 293B to 293J, in particular, to ensure the new provisions are referenced where appropriate.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.