# The Planning (Fees) (Amendment) Regulations (Northern Ireland) 2014 (revoked)

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N.I.

Statutory Rules of Northern Ireland

# 2014 No. 127

Planning

# The Planning (Fees) (Amendment) Regulations (Northern Ireland) 2014

Made

2nd May 2014

Coming into operation

28th May 2014

The Department of the Environment, in exercise of the powers conferred by Article 127 of the Planning (Northern Ireland) Order                           1991 F1, makes the following Regulations:                        

F1S.I. 1991/1220 (N.I. 11)

## Citation and commencementN.I.

1.  These Regulations may be cited as the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2014 and shall come into                     operation on 28th May 2014.                  

## Amendment of the Planning (Fees) Regulations (Northern Ireland) 2005N.I.

2.—(1) The Planning (Fees) Regulations (Northern Ireland) 2005 F2 shall be amended in accordance with paragraphs (2) to (7)                  

(2) After regulation 5 (Exemptions), insert the following regulation—

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“5A.—(1)Regulation 3(1) shall not apply where the Department is satisfied that an application or deemed application for planning permission                        is made or deemed to be made by or on behalf of a club, society or other organisation (including any persons administering                        a trust) which is not established or conducted for profit, and the conditions specified in paragraph (2) are satisfied.                  

(2)The conditions referred to in paragraph (1) are that—                  

(a)the application or deemed application relates to the provision of community facilities (including sports grounds) and playing                           fields; and                  

(b)the Department or (in the case of a deemed application) the Planning Appeals Commission is satisfied that the development                           is to be carried out on land which is, or is intended to be, occupied by the club, society or other organisation and to be                           used wholly or mainly for the carrying out of its objects”.                  

(3) In regulations 10(1) (amount of reduced fees and refunds) and 12(3) (exemption, etc. — deemed applications) for “£63” substitute “ £64 ”.                  

(4) In regulation 14 (fees for applications for consent to display advertisements)—

(a)in paragraph (1) for “£187” substitute “ £189 ”;                  

(b)omit paragraphs (5) and (6);                  

(5) In regulation 16A (fee for an application for planning permission for EIA development) for “£10,496” substitute “ £10,632 ”.                  

(6) In regulation 18 (fees for applications for certificates of lawful use or development)—

(a)in paragraph (1) for “paragraphs (2), (3) and (4),” substitute “ paragraph (2) ”;                  

(b)omit paragraphs (3) and (4);                  

(c)in paragraph (5)(b) for “£249” substitute “ £252 ”;                  

(d)in paragraph (6) for “£249” substitute “ £252 ” and for “£12,421” substitute “ £12,582 ”.                  

(7) In Schedule 1 (fees in respect of applications and deemed applications for planning permission or for approval of reserved                     matters)—                  

(a)in Part 1, in paragraph 3 delete the existing provision and insert the following regulation—                  

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“3.Where an application or deemed application to renew planning permission is made, and the application or deemed application                        has been submitted before the time limit imposed on the extant permission has expired, the fee payable shall be one-quarter                        of the amount that would otherwise be payable”.                  

(b)in Part 1, in paragraph 4(2) and (3) for “£547” substitute “ £554 ”;                  

(c)in Part 1, in paragraph 7(1) delete the existing paragraph and insert the following—                  

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“7.—(1)Subject to the provisions in sub-paragraph 7(3) and paragraph 8(1), where an application or a deemed application relates to                        more than one of the categories of development specified in Part 2—                  

(a)an amount shall be calculated, in accordance with this Schedule, in respect of development which is within each category or,                           in the case of a deemed application, in respect of each use of land or type of operation to which the relevant enforcement                           notices relates; and                  

(b)the total of the amounts calculated for each of the categories of development shall be the fee”.                  

(d)in Part 1, omit paragraph 7(2)                  

(e)in Part 1, paragraph 7(3) delete the existing paragraph and insert the following—                  

“(3)Where a building is to contain floor space which it is proposed to use for the purposes of providing common access or common                        services or facilities for persons occupying or using that building for development within category 2 and for persons occupying                        or using it for development within category 4 and or category 6 (such floor space being referred to below as “common floor space”), the category 4 and or category 6 floor space shall be assessed, in relation to that building, as including such proportion                        of the common floor space as the category 4 and or category 6 floor space in the building bears to the gross floor space in                        the building.”                  

(f)in Part 1, in paragraph 8(1) for “Subject to the provisions of paragraph 7, where” substitute “ Where ” and for “is within more than one of the categories” substitute “ contains more than one of the site area based categories (5, 7 and 8) ”                  

(g)for Part 2, substitute Part 2 as set out in the Schedule to these Regulations.                  

(8) In Schedule 2 (fees for hazardous substances consent)—

(a)For “£336” where it twice occurs substitute “ £340 ”;                  

(b)For “£422” substitute “ £427 ”; and                  

(c)For “£671” substitute “ £680 ”.                  

F2S.R. 2005 No. 222 as amended by S.R. 2005 No. 505, S.R. 2009 No. 256, S.R. 2010 No. 294, S.R. 2011 No. 99, S.R. 2011 No.398 and S.R. 2012 No.293

Sealed with the Official Seal of the Department of the Environment on 2nd May 2014.

L.S.

Angus Kerr

 A senior officer of the

Department of the Environment

## SCHEDULEN.I.SUBSTITUTION OF PART 2 OF SCHEDULE 1 TO THE PLANNING (FEES) REGULATIONS (NORTHERN IRELAND) 2005

### **“PART 2**N.I.SCALES OF FEES

## Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Planning (Fees) Regulations (Northern Ireland) 2005 which prescribe fees payable to the Department                        of the Environment in respect of applications made under the Planning (Northern Ireland) Order 1991.                     

The Regulations increase planning fees by approximately 1.3% overall and also make changes to the Regulations as follows:                        –                     
            -  — Regulation 2(2) introduces a nil fee exemption for applications submitted by non-profit organisations in respect of community                              facilities (including sports grounds) and playing fields.                            
            -  — Regulation 2(4)(b) removes the concessionary fee for re-submitted Consent to Display applications where an application has                              been withdrawn before a notice of decision is issued, and the same applicant makes an application within 12 months of the                              date of the previous application.                            
            -  — Regulation 2(6)(b) removes the concessionary fee for re-submitted Certificates of Lawful Use or Development where an application                              has been withdrawn before a notice of decision is issued, and the same applicant makes an application within 12 months of                              the date of the previous application.                            
            -  — Regulation 2(7)(a) introduces a reduced fee for applications submitted to renew extant planning permissions. 
            -  — Regulation 2(7)(e) amends how the fees for mixed categories of development applications are calculated. The highest amount                              calculated now applies to ***only*** those applications which contain more than one of the site area based categories 5, 7 & 8. All other applications are based                              on the sum of each of the categories of development (Regulation 2(7)(c)).                            
            -  — Regulation 2(7)(f) substitutes Part 2 of Schedule 1. The new Part 2 corrects an anomaly in the existing fee for two or more                              dwelling houses (i.e. Category 2(i)) and provides a revised methodology for calculating the fee for Category 8 applications                              (based on multiplications of 0.1 hectare of the site area subject to a maximum).                            

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from the Department                        of the Environment, Planning Headquarters, Causeway Exchange, 1-7 Bedford Street, Town Parks, Belfast BT2 7EG (Tel: 028 9082                        3493) or accessed at www.planningni.gov.uk/                     

The Explanatory Memorandum is available alongside the instrument on the Government's legislation website: www.legislation.gov.uk/