New fee regulations for planning permissions

As a reaction to the economy and the resulting resistance of many to commence new developments, even where planning permission has been granted, new procedures were introduced in October 2009 to extend the life of planning permissions and to make non-material amendments to a planning permissions.

Associate and specialist planning lawyer Louise Whitehead explains more.

It has taken a few months but last week the new fee regulations were introduced which provide for reduced fees in order to encourage these applications to be made. The aim is that as the market picks up, developers will be in a position to implement their planning permissions quickly as they will have been preserved or updated by using the new application procedures.

The new fees are as follows:

Applications for non-material changes to planning permissions (England only)

• Householder applications - £25
• All other development - £170

Applications for the grant of a replacement planning permission subject to a new time limit (England only)

• Householder application - £50
• Major Developments - £500
• Other development - £170

In addition to these new forms of application, the government has confirmed that there will be a freeze on planning application fees (so they will remain at the 2009 level) and the proposed planning appeal fees will not be introduced this year.

It should, however, be remembered that an application for a "replacement planning permission subject to a new time limit" follows the normal planning application determination procedure. The Council will therefore determine the application in accordance with current planning policy and it is not guaranteed that a planning permission will be granted in identical terms.

The Council can refuse planning permission or grant planning permission subject to different planning conditions or impose new S.106 Obligations.

It is best not to wait until the last moment to make such an application as the fall back position of implementing the existing planning permission needs to be preserved, just in case the decision from the application for the replacement planning permission is not favourable.

For more information on the new fee regulations for planning permission, or any other planning issue, please contact Louise Whitehead on louise.whitehead@harveyingram.com or call 0116 257 4452.