Fees for mixed development are calculated in the following way

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Revision date: 17 10 2014

Fees for specific application types

How are fees calculated for prior approval applications?

Where the principle of development has already been established by a permitted development right, as set out in in Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015, it usually means that there is no requirement to submit a planning application. However, in certain circumstances, a developer has to submit a request to the local planning authority to determine whether its prior approval will be required for specific elements of the development.

A fee for a prior approval application is payable underin relation to certain types of development authorised by the 2015 Order. The amounts are payable every time an application for prior approval is made.

Under regulation 14 of the 2012 Fees Regulations, as amended, inthe relationamounts to pay are:

• for a material change of use under any part of Schedule 2 to the 2015 Order – £120
• for a material change of use and associated building operations under Part 3 of Schedule 2 to the 2015 Order – £258
• for certain typesagricultural buildings and forestry buildings and operations under Parts 6 and 7 of developmentSchedule authorised2 to the 2015 Order – £120
• for demolition of buildings under Part 11 of Schedule 2 to the 2015 Order – £120
• for development by the Electronic Communications Code Operators under Part 16 of Schedule 2 to the 2015 Order. – The£578
• for relevanta feescollection facility within the curtilage of a shop under Part 7 of Schedule 2 to the 2015 Order – £120
• for the temporary use of buildings or land for the purpose of commercial film-making under Part 4 of Schedule 2 to the 2015 Order – £120
• for the installation, alteration or replacement of solar PV equipment up to 1 megawatt on the roofs of non-domestic buildings under Part 14 of Schedule 2 to the 2015 Order – £120
• for the erection of a larger single storey rear house extension under Part 1 of Schedule 2 to the 2015 Order – £120
• for the construction of new dwellinghouses under Part 20 of Schedule 2 to the 2015 Order, where there are listedno heremore than 10 new dwellinghouses - £418 per dwellinghouse
• for the construction of new dwellinghouses under Part 20 of Schedule 2 to the 2015 Order.
  , where there are more than 10 but not more than 50 new dwellinghouses - £451 per dwellinghouse
• for the construction of new dwellinghouses under Part 20 of Schedule 2 to the 2015 Order, where more than 50 new dwellinghouses are proposed - £22,309 plus £135 for each dwellinghouse in excess of 50, subject to a maximum fee of £405,000
• for the construction of additional storeys on an existing house under Part 1 of Schedule 2 to the 2015 Order - £120
• for a change of use from Commercial, Business and Service use to residential use under Part 3 of Schedule 2 to the 2015 Order - £125 for each new dwellinghouse
• for development by universities under Part 7 of Schedule 2 to the 2015 Order - £120
• for development by the Crown on a closed defence site under Part 19 of Schedule 2 to the 2015 Order - £120

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What is the fee payable for a lawful development certificate?

A lawful development certificate confirms that the particular use, operation or activity named within the certificate is lawful, so far as planning law is concerned, on the dates specified. A fee must be paid to the local planning authority for a lawful development certificate which is calculated in the following way:

• for a certificate to establish the lawfulness of an existing land-use or of development already carried out under section 191(1)(a) or (b) of the Town and Country Planning Act 1990, under regulation 11(3)(a) of the 2012 Fees Regulations, as amended, the fee would be the same as if applying for a new permission for that use or operation
• • for a certificate to establish that it was lawful not to comply with a particular condition or other limitation imposed through a planning permission under section 191(1)(c)191(1)© of the Town and Country Planning Act 1990, the relevant fee isin listedall here.cases is £293 (see regulation 11(3)(b) of the 2012 Fees Regulations, as amended)
• for a certificate to state that some future development would be lawful under section 192 of the Town and Country Planning Act 1990, the fee would be half the application fee for applying for planning permission to carry out whatever form of development is the subject of the certificate, in accordance with regulation 11(3)(c) of the 2012 Fees Regulations, as amended

There are, however, circumstances where the following rules apply instead:

• where a use specified in an application under section 191 (1)(a) of the Town and Country Planning Act 1990 is for one or more separate dwellings, the fee payable is calculated on the same basis as the fee payable in accordance with paragraph 2(a) or (b) of category 1 in Part 2 of Schedule 1 to the 2012 Fees Regulations, as amended (see regulation 11(6) of the 2012 Fees Regulations, as amended)
• where an application is made both under section 191 (1)(a) and/or (b) and under section 191(1)(c) of the Town and Country Planning Act 1990, the fee to be paid is the sum of the fees that would have been paid if there had been separate applications, in accordance with regulation 11(7) of the 2012 Fees Regulations, as amended

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Can a concession apply to applications for lawful development certificates?

Where the fee for an application for a lawful development certificate is the same as the applicant would have paid if they had actually made a planning application for the same development applied for in the lawful development certificate, then the applicant can take advantage of any exemption or concession that may be applied.

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When does a fee for written confirmation of compliance need to be paid?

Applicants will need to pay a written confirmation of compliance fee where they request confirmation in writing of any planning consent, agreement or approval (commonly known as discharge of conditions) required by one or more conditions or limitations attached to a grant of planning permission.

The fee chargeable by the authority is £145 per request (or £43 where the related permission was for extending or altering a dwelling house or other development in the curtilage e.g. garden of a dwelling house) as set out in regulation 16 of the 2012 Fees Regulations, (asas amended). A request can cover one or more conditions or limitations. The relevant fee is listed here.

The Standard Application Form (application for the approval of details reserved by a condition) must be used to set out the details which applicants would like the local planning authority to consider.

If the local planning authority considers that the condition has not yet been complied with, they will explain to the applicant what remains to be done and issue confirmation of compliance when satisfied, unless enforcement action or a retrospective planning application would be more appropriate.

Where the applicant makes more than one request for confirmation of compliance in order to amend or revise the details to comply with a condition, a fee has to be paid each time as if it were the first such request.

A request for confirmation of compliance must be determined within 12 weeks.

Local authorities may choose to ‘confirm’ some conditions informally without seeking the fee. The applicant can decide whether or not to then request a formal statement of compliance.

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What fees are payable for applications to vary conditions?

In order to vary the terms of a condition or to implement a planning permission without an imposed condition, it will be necessary to make an application under section section 73 or  or 73A(2)(c) of of the Town and Country Planning Act 1990. The feesfee for applicationsan application under section 73 areor 73A(2)(c) is a flat rate fee of £293 as set out in paragraphs 5 and 6(b) of Part 1 of Schedule 1 to the 2012 Fees Regulations, as amended, with different fees for householders, non-major development (other than householders) and major development. The relevant fees are listed here.

More than one condition at a time can be removed or altered on the same application without any multiplication of the fee to be paid.

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Can a local planning authority decline to accept an application to vary conditions?

A local planning authority may decline to accept an application under section 73 or 73A of the Town and Country Planning Act 1990 if the actual or potential impact of varying the relevant condition(s) would more properly be the subject of an entirely fresh application for full planning permission.

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How much is the fee for consents to display advertisements?

On-site signs

Regulation 9 of the Town and Country Planning (Control of Advertisements) Regulations 2007, as amended, requires an application to be made where express consent to display an advertisement is needed. Fees for applications for consent for the display of advertisements are set out in regulation 13 of and Schedule 2 to the 2012 Fees Regulations, as amended.

Regulation 13 of the 2012 Fees regulations, as amended, which requires this fee, refers to the site on which the advertisement is displayed. “Site” is defined in regulation 2(1) of the 2007 Regulations as the land or building on which the advertisement is to be displayed.

When a number of advertisements are to be displayed in a specified area then the specified area is regarded as one site for the fee calculation as set out in regulation 13(4) of the 2012 Fees Regulations), as amended.

Advance signs

‘Advance signs’ are advertisements which give advance notice of premises situated in the locality of the proposed advertisement but which are not visible from the location of the advertisement. For example, when a hotel in a rural area wishes to obtain express consent for an advance sign beside a main road, and the hotel cannot be seen from the site where the advertisement is to be displayed.

Feesdisplayed, forthe applicationsfee forwill consentbe for£165; but when a hotel wants to put up an advertisement beside a main road, on a site from which the displayhotel ofitself advertisementscan arebe listedseen, here.the fee goes up to £578.

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How much is the fee for a deemed planning application?

When an appeal is made against an enforcement notice under section 174 of the Town and Country Planning Act 1990 under the ground in Section 174(2)(a) that planning permission ought to have been granted, the process for resolving the issue is through a ‘deemed application’. This is an application deemed to have been made for planning permission to carry out whatever activity or change of land-use had earlier been found unlawful by the local planning authority.

The fee is double that which would be payable for a corresponding planning application that was made at the time the enforcement notice was issued, as set out in regulation 10(3) of the 2012 Fees Regulations, as amended.

Where the development is for mixed use development the fee should be calculated, and then the fee is doubled.

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Is Crown development subject to a planning application fee?

Most planning applications for development on Crown land are now made subject to the same planning fees as other applications. If the Crown needs to carry out urgent development under section 293A of the Town and Country Planning Act 1990 then a fee is payable to the Secretary of State. Regulation 12 of the 2012 Fees Regulations, as amendedamdended provides that the fee payable will be the same amount as would have been paid to the local planning authority.

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What fee is payable for an application for a certificate of appropriate alternative development?

Certificates of appropriate alternative development are used in the compulsory purchase regime (see section 20 of the Guidance on compulsory purchase process and the Crichel Down Rules).

A fee must be paid to the local planning authority when applying for a certificate of appropriate alternative development. The fee payable is £293 or, if the application is made by or on behalf of a parish council, half of that amount (see regulation 18 of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended. The relevant fee is listed here.

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Exemptions and concessions

For which planning applications is it possible not to pay a fee or pay a reduced fee?

There are several types of planning application where no fee or a reduced fee applies. These are set out under regulations 4 to 779 of Part 1 of Schedule 1 of the 2012 Regulations, as amended.

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Alternative developments on the same site

If different proposals for full or outline permission, or for approval of a reserved matter, are all submitted simultaneously, by or on behalf of, the same applicant, a concession is available. The fee should first be calculated separately for each alternative for which permission is sought. The total fee payable is then calculated by adding to the highest of these separate amounts half the sum of the other separate amounts. Please see paragraph 10 of Part 1 of Schedule 1 to the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended.

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Applications made on sites that cross local planning authority boundaries

If an application site is on land that falls within the boundary of more than one local planning authority, then identical applications must be submitted to each local planning authority, identifying on the plans which part of the site is relevant to each. The planning fee is paid to the local planning authority whose area contains the largest part of the application site.

The fee, however, for this divided site would be either the sum of the fees payable for each part of the site calculated separately, or, if it comes to a smaller figure, 150% of the fee that would have been payable if there had been only one application to a single authority covering the entire site.

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Applications made on sites that cross local planning authority boundaries: County matter applications

The fee for a county matter application which relates to land which is situated in a single county for which there is no county planning authority will be the same as the fee which would have been payable if the application had fallen to be made to one authority in relation to the whole development (see paragraph 8(2) of Part 1 of Schedule 1 of 2012 Fees Regulations), as amended. In any other case, the fee for a county matter application which is on a site which crosses local planning authority boundaries will be 150% of the fee which would have been payable if the application had fallen to be made to a single authority or the sum of the fees payable for each part of the site calculated separately, whichever is the lesser.

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Development providing for people with disabilities

Regulation 4 of the 2012 Fees Regulations, as amended, sets out that planning application fees are waived for a disabled person who is living or intending to live in a dwelling who wishes to:

i. alter or extend an existing dwelling; or

ii. undertake works in the curtilage of an existing dwelling in order, in either case, to:

a. create an access; and/or

b. provide for their improved safety, health or comfort

There is no fee exemption for an application to construct a new dwelling for someone with a disability.

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Demolition and use classes

No fee is payable for a planning application to demolish an unlisted building in a Conservation Area (see regulation 5A of the 2012 Fees Regulations, as amended).

No fee is payable for an application for change of use of land if that application is not necessary because a right to change the land-use granted by the Town and Country Planning (Use Classes) Order 1987, as amended, has been removed by a condition imposed on a previous grant of planning permission as set out in regulation 6 of the 2012 Fees Regulations, as amended.

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Parish and town councils

Town and parish councils have various rights under Part 12 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 to carry out works without making a planning application. However, where a parish or town council is required to apply for planning permission, paragraph 2 of Schedule 1 to the 2012 Fees Regulations, as amended,amended sets out that the planning application fee is half the normal fee for the type of application being applied for.

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Development of playing fields

There is a flat-rate fee of £578 for applications made by non-profit making clubs or other non-profit-making sporting or recreational organisations, relating to playing fields for their own use (see paragraph 3 of Schedule 1, part 1 to the 2012 Fees Regulations, as amended).

The flat rate fee applies to applications to change the use of land for playing fields and other associated operations such as earthmoving, draining or levelling. The flat rate fee does not apply to planning applications to erect buildings.

The term “playing field” includes, but is not limited to, football, cricket, hockey or hurling pitches, but does not include enclosed courts for games such as tennis or squash, golf courses or golf driving ranges.

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Refunds and adjustments

Can planning application fees be refunded once paid?

Once paid, most planning application fees cannot be refunded. There are a few exceptions to this, including:

• in relation to the Planning Guarantee
• when a request for a written confirmation of compliance is not completed within 12 weeks
• in some circumstances for deemed planning applications

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When are planning application fees refunded under the Planning Guarantee?

Under the Planning Guarantee, the planning application fee must be refunded to applicants where no decision has been made within a specified time, unless a longer period has been agreed in writing between the applicant and the local planning authority.

For applications for major development, under the Planning Guarantee, the planning application fee must be refunded to applicants where no decision has been made within 26 weeks unless a longer period has been agreed in writing between the applicant and the local planning authority (see regulation 9A of the 2012 Fees Regulations, as amended).

For applications for non-major development, under the Planning Guarantee, the planning application fee must be refunded to applicants where no decision has been made within 16 weeks, unless a longer period has been agreed in writing between the applicant and the local planning authority (see regulation 9A of the 2012 Fees Regulations, as amended. This only applies to applications for non-major development submitted on or after 6 December 2023.

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When are fees for written confirmation of compliance refunded?

Regulation 16(2) of the 2012 Fees Regulations, as amended,amended sets out that fees are refunded where a request for written confirmation of compliance with conditions is not decided within 12 weeks.

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When will fees for deemed planning applications be refunded?

Fees for deemed planning applications can be refunded (see regulation 10 of the 2012 Fees Regulations, as amended) in the following situations:

i. if the related enforcement notice is withdrawn by the local planning authority at any stage

ii. if the related appeal is withdrawn at least 21 days before the public inquiry, or the site inspection where the written representations procedure is used. (An appeal is regarded as ‘withdrawn’ on the date when the Secretary of State receives notice in writing of the withdrawal.)

iii. if an enforcement notice appeal is rejected as invalid, is null, or is formally dismissed for lack of facts in support of the grounds of appeal within a period prescribed by the Secretary of State

iv. if an enforcement notice is quashed, and the appeal is allowed by the Secretary of State because the local planning authority has failed to submit the prescribed information within a prescribed period

v. if an enforcement notice appeal is allowed because the enforcement notice is found to be invalid or to contain a defect which the Secretary of State cannot correct within the appeal process

When an enforcement notice is amended under section 176(1) of the Town and Country Planning Act 1990, and the fee payable on the amended notice is less than was actually paid, then the difference can be refunded (see regulation 10(14) of the 2012 Fees Regulations, as amended).

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Can fees be adjusted once paid?

Fees cannot be adjusted once paid and where the local planning authority has validated the application and accepted the planning application fee is correct, except in the case of deemed applications.

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Fees for monitoring mining and landfill sites

Can mineral planning authorities charge for site visits?

Under regulation 15 of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended, mineral planning authorities dealing with county matter applications can charge to monitor mineral and landfill permissions. This covers initial implementation to the end of the period of aftercare required by a condition of the planning permission. During a site visit, the local planning authority may also check compliance with other permissions and planning obligations which apply to the site.

ThereThe arefee different fees for a site visitsvisit dependingis on£496 whetherwhere or not the whole or part of the site is active.active, Theor relevant£165 feesin areany listedother here.case.

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How many site visits can a mineral planning authority charge for?

Under regulation 15 of the 2012 Fees Regulations, as amended, authorities can charge for a maximum of eight site visits within any 12 month period for an active mining or landfill site, and one visit for an inactive site. Additional site visits may be undertaken but they cannot be charged for.

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What is an active site in terms of mineral development?

An active site in terms of minerals development is:

• one where development to which a mineral or landfill permission relates
• where a condition attached to the mineral permission or landfill permission is in operation
• a single site which is both a mining and landfill site where either or both are operational
• “mothballed” sites which are subject to ongoing restoration or aftercare

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What is an inactive site in terms of minerals development?

Inactive sites in terms of minerals development are any other sites which are not active, dormant, mining or landfill sites, and “mothballed” mining or landfill sites where no mineral or landfill restoration and aftercare are being carried out to any substantial extent.

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What inspection fee is charged for a minerals and/or a landfill site which has more than one planning application and includes more than one location?

For fee purposes, a mining and/or landfill site is the area of land which is worked as a single site, regardless of how many planning permissions or what permitted development rights relate to it. For mining sites, this may also include satellite sites. The whole site will be the subject of the monitoring visit, for which a single charge can be made up to the maximum number of chargeable visits.

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What is the fee if a site is both a mining and a landfill site?

For fee purposes, sites worked as both mineral and landfill sites are regarded as single sites, and are subject to the maximum number of chargeable monitoring visits.

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How do monitoring fees apply to satellite sites?

Fees can apply to satellite sites. These sites may be part of the mining site and grouped with the main extraction site or primary processing facility and may be subject to a monitoring fee.

This will depend on factors such as:

• their location
• their distance from each other and from the main extraction site or primary processing facility
• whether it is clear that the various sites form part of a coordinated mineral extraction and/or primary processing operation
• whether it makes practical sense to monitor them all at the same time or separately

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When will fees cease to be charged?

Fees will cease to be charged for monitoring visits on the completion of the period of aftercare set out in the planning permission.

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What constitutes a site visit for which fees may be charged?

A fee may only be charged for a site visit when the planning officer(s) enter a mining or landfill site to monitor compliance with planning permissions and obligations. Fees are not charged for any assessment by an officer of conditions at a site without entering the site.

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What happens when a mining or landfill site straddles two or more mineral planning authority boundaries?

Where a mining or landfill site straddles two or more mineral planning authority boundaries, the mineral planning authorities should agree who is responsible for monitoring the site, and to which mineral planning authority the operator will pay the fee. The monitoring of the site should normally be undertaken by the authority which contains the largest proportion of the site.

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What issues should mineral planning authorities monitor under individual site visits?

Mineral planning authorities’ visits may monitor one or more aspects of operations or a few conditions only. However, over the course of each 12 month period all planning conditions and obligations, including section 106 agreements, and any permitted development rights should be monitored.

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Should monitoring cover issues which are the responsibility of the Environment Agency?

Mineral planning authorities should avoid monitoring activities which are the responsibility of the Environment Agency. Operators should not be billed twice for duplicated monitoring by the Environment Agency and the planning authority.

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How many chargeable site visits to active sites should be carried out?

The number of chargeable visits to active sites will depend on a number of factors, including:

i. the size and type of development

ii. the number and complexity of conditions

iii. the number of issues requiring monitoring

iv. the stage of development. More frequent visits to mining sites may be needed during initial site preparation e.g. construction of site access and wheel washing equipment, installation and commissioning of processing plant/offices

v. the progressive nature of working/restoration ie sand and gravel sites may require more frequent visits than hard rock

vi. breaches of planning control observed/consistency in compliance

vii. complaints received about the site that have proved to be justified

Whilst a maximum of eight site visits are chargeable, local planning authorities should not seek to carry out more than four visits in a 12 month period unless the site is at a particularly sensitive stage of development, or where the authority has concerns about compliance. Minor breaches of control at an otherwise consistently compliant site should not normally lead to more visits in the following year.

An active, “mothballed”, site that is subject to restoration works should receive fewer monitoring visits than other types of active sites.

Mineral planning authorities should agree with operators the number of site visits (announced and unannounced) to each site, and who will be invoiced for the monitoring fees, at the start of the charging year. Mineral planning authorities should clearly explain the performance assessment and other factors which have been taken into account in reaching the number of proposed site visits.

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Who should pay the monitoring fee?

The operator should pay the monitoring fee. “Operator” is defined in regulation 15(6) of the 2012 Fees Regulations, as amended. For sites in multiple operation, an operator in overall control of the site should pay for the monitoring. However, the operator may make arrangements to recoup part of the fees from subsidiary operators carrying out mineral development, but who are not in overall control of the site.

Where no operator has been identified, responsibility for paying the monitoring fee rests with the owner. The liable owner is the person who holds the head lease of the site. If there is no head lease, then the person who is the freehold owner of the site is liable. If there is more than one owner, then the fee will be split between them.

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When should site monitoring fees be paid?

A fee for a site visit is charged after the visit has occurred, and a written follow up site monitoring report has been sent to the operator. Local planning authorities should agree invoicing arrangements, including when visits should be paid for, with operators before the start of the charging year.

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Should the record of the site visit record any specific information about the site visit?

A record of the time spent on site should be produced by the mineral planning authority and completed for each site visit. The record of the site visit should also identify the time spent at site, the name and work address of the officer who carried out the inspection, whether or not the visit was announced or unannounced or was in response to a complaint, and a short description of which planning conditions were monitored.

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What should a site monitoring report contain?

A written site monitoring report should detail in full:

• compliance with, and any breaches of, the planning conditions being monitored

• the matters reviewed, the points arising, agreed improvements in working practices that have been identified, any breaches of conditions, and the action required by both the operator and the authority, including timescales

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