Citation and Commencement

1.  These Regulations may be cited as the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 3rd August 2009.

Amendment of the Planning (Fees) Regulations (Northern Ireland) 2005

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

(2) In regulations 10(1) (amount of reduced fees and refunds), 12(3) (exemption, etc. – deemed applications), 15(1) (fees for applications in designated areas) and 19(2) (fees for statutory authorities) for “£50” substitute “£58”.

(3) In regulation 14 (fees for applications for consent of advertisements)—

(a)in the heading after “consent” delete “of” and insert “to display”;

(b)in paragraph (1) for “£150” substitute “£173”;

(c)for paragraph (6)(a) substitute—

“(a)that the application is made before the end of a period of 12 months following the date when the earlier application was made;”; and

(d)for paragraph (6)(e) substitute—

“(e)that no previous application has at any time been made by or on behalf of the same applicant which related to—

(i)the same land as the land to which the earlier application related; and

(ii)an advertisement of the same description as the advertisement (or any of the advertisements) to which the earlier application related,

and which was exempted from the provisions of paragraph (1) by paragraph (5).”.

(4) In regulation 17(1) (fees for applications for determination as to whether listed building consent required) for “£45” substitute “£52”.

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

(a)in paragraph (5)(b) for “£200” substitute “£230”; and

(b)in paragraph (6) for “£200” substitute “£230” and for “£10,000” substitute “£11,500”.

(6) 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 4(2) and (3) for “£440” substitute “£506”; and

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

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

(a)for “£270” where it twice occurs substitute “£311”;

(b)for “£340” substitute “£391”; and

(c)for “£540” substitute “£621”.

Sealed with the Official Seal of the Department of the Environment on 3rd July 2009.

Marianne Fleming

A senior officer of the Department of the Environment

Regulation 2(6)(b)

SCHEDULE

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

“PART 2

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 15% overall and make certain minor amendments to the wording of regulation 14.

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from the Department of the Environment, Planning Service Headquarters, Millennium House, 17-25 Great Victoria Street, Belfast BT2 7BN (Tel: 028 9041 6967) or accessed athttp://www.planningni.gov.uk/

The Explanatory Memorandum is available alongside the instrument on the OPSI website.