Citation, commencement and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2006 and shall come into force on 6th April 2006.

(2) These Regulations apply in relation to England only.

Fees in respect of the monitoring of mining and landfill sites

2.—(1) The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989(2) are amended as follows.

(2) In regulation 1 (application, citation and commencement)—

(a)in paragraph (2)—

(i)at the end of sub-paragraph (d) delete “and”; and

(ii)at the end of paragraph (2) add—

“(f)to site visits made to a mining site or a landfill site on or after 6th April 2006.”;

(b)in paragraph (3) after sub-paragraph (c) insert—

“(d)in the case of site visits referred to in paragraph (2)(f) above, on the date on which the visit is made.”.

(3) In regulation 2 (interpretation)—

(a)after the definition of “glasshouse” insert—

““landfill permission” means any planning permission for—

a waste disposal site for the deposit of waste onto or into the land;

“landfill site” means the land to which a landfill permission relates;

“mineral permission” means any planning permission for development consisting of—

“mining site” means—

(b)after the definition of “outline planning permission” insert—

““site visit” means entry by a local planning authority on to a mining site or landfill site—

(4) After regulation 11A (fees for certain applications under the General Permitted Development Order) insert—

“Fees in respect of the monitoring of mining and landfill sites

11B.—(1) Subject to paragraphs (2) and (3), where a site visit is made to a mining site or a landfill site by a local planning authority, the operator of the site shall pay to the authority a fee of an amount specified in paragraph (4) or (5).

(2) The maximum number of visits to any one such site for which a fee is payable under this regulation in any period of 12 months beginning with the date of the first such visit is—

(a)where the site is an active site, eight; or

(b)where the site is an inactive site, one.

(3) Where—

(a)the person liable to pay the fee in respect of a site visit is the owner of the site; and

(b)there is more than one owner,

the amount of the fee shall be divided equally by the total number of owners and each owner shall be liable to pay one part of the amount so divided.

(4) Where the site is an active site, or partly an active site and partly an inactive site, the fee payable shall be £288.

(5) Where the site is an inactive site the fee payable shall be £96.

(6) In this regulation—

“active site” means a mining site or landfill site, or a site which is partly a mining site and partly a landfill site, where—

“inactive site” means a mining site or landfill site, or a site which is partly a mining site and partly a landfill site, which is not an active site;

“operator” means—

“owner” means—

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (the 1989 Regulations). The 1989 Regulations make provision for the payment of fees to local planning authorities in respect of applications made under the Town and Country Planning Act 1990 and for the payment of fees to the Secretary of State in respect of applications for planning permission which are deemed to have been made in connection with an appeal against an enforcement notice.

These Regulations amend the 1989 Regulations to provide for the payment of fees in respect of site visits carried out by local planning authorities to mining sites and landfill sites to monitor compliance with the planning permissions to which they are subject. The Regulations also provide for situations where there is more than one operator on site, where the site is inactive, and where two or more sites are grouped together for the purpose of monitoring, and limit the number of chargeable visits in any one year.

A Regulatory Impact Assessment has been prepared in relation to these Regulations. It has been placed in the library of each House of Parliament and copies may be obtained from MWP Division, Office of the Deputy Prime Minister, Zone 4/C2, Eland House, Bressenden Place, London, SW1E 5DU (Telephone: 020 7944 8138).