Section 303: Fees for planning applications etc., Town and Country Planning Act 1990

The appropriate authority may by regulations make provision for the payment of a fee or charge to a local planning authority in respect of—

the performance by the local planning authority of any function they have;

anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function.

References in subsection (1) to functions of a local planning authority do not, in the case of a local planning authority in Wales, include functions under the Historic Environment (Wales) Act 2023 (as to which, see section 167 of that Act).

The Secretary of State may by regulations make provision for the payment of a fee to—

the Mayor of London in respect of an application for consent, agreement or approval as mentioned in section 61DB(2) or the giving of advice about such an application;

a specified person in respect of an application for consent, agreement or approval for which provision is made under section 61DB(4) or the giving of advice about such an application.

The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of—

any application made to the Secretary of State under section 62A;

the giving of advice about applying under section 62A for any permission, approval or consent or for anything else for which an application may be made under that section.

The Welsh Ministers may by regulations make provision for the payment of a fee or charge to the Welsh Ministers in respect of—

the performance by the Welsh Ministers of any function they have in respect of an application under ... section 62M (option to make application directly to Welsh Ministers) or section 62O (connected applications);

anything done by the Welsh Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function.

References in subsection (1B) to functions that the Welsh Ministers have in respect of an application include references—

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to any functions that the Welsh Ministers have, by virtue of provision under section 61Z1, in respect of an application proposed to be made to the Welsh Ministers under section ... 62M or 62O.

The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority or the local planning authority (or of fees to both the appropriate authority and the local planning authority) in respect of any application for planning permission deemed to be made under section 177(5).

The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of any application for planning permission which is deemed to be made to the appropriate authority under—

any provision of this Act other than section 177(5), or

any order or regulations made under this Act.

The appropriate authority Welsh Ministers may by regulations make provision for the payment of a fee to the appropriate authority Welsh Ministers in respect of an application for planning permission or permission in principle made under section 293A (urgent Crown development).

The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of an application under section 293B, 293D or 293E.

Regulations under this section may in particular—

make provision as to when a fee or charge payable under the regulations is to be paid;

make provision as to who is to pay a fee or charge payable under the regulations;

make provision as to how a fee or charge payable under the regulations is to be calculated (including who is to make the calculation);

prescribe circumstances in which a fee or charge payable under the regulations is to be remitted or refunded (wholly or in part);

prescribe circumstances in which no fee or charge is to be paid;

make provision as to the effect of paying or failing to pay a fee or charge in accordance with the regulations;

prescribe circumstances in which a fee or charge payable under the regulations to one local planning authority is to be transferred to another local planning authority.

Regulations made by the Secretary of State under subsection (1) or (2) may authorise or require a local planning authority in England to set the level of a fee or charge.

Regulations under subsection (1ZA) may authorise or require the Mayor of London or a specified person to set the level of a fee or charge.

Provision made in reliance on subsection (5A) or (5B) must include provision about—

consultation to be carried out in relation to the setting of the level of a fee or charge;

the criteria to be applied when setting the level of a fee or charge;

publication of information or reports;

obligations to notify the Secretary of State;

reviews of the level of a fee or charge.

Regulations under this section may—

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in the case of regulations made by virtue of subsection (5)(f) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

In this section "the appropriate authority" means—

the Secretary of State in relation to England;

the Welsh Ministers in relation to Wales.

No regulations shall be made under this section by the Secretary of State unless a draft of the regulations has been laid before and approved by resolution of—

each House of Parliament ...

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If a draft of regulations of the Secretary of State under this section would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

Where—

a local planning authority in England, the Mayor of London or a specified person calculates the amount of a fee or charge in pursuance of regulations under subsection (1) or (1ZA), or

a local planning authority in England, the Mayor of London or a specified person sets the level of a fee or charge in pursuance of regulations under subsection (1), (1ZA) or (2),

the fee or charge must be calculated or set with a view to ensuring that, so far as possible, it does not exceed the cost of carrying out the function in respect of which it is imposed.

A local planning authority in England, the Mayor of London or a specified person must secure that their income from fees or charges paid in pursuance of regulations made under subsection (1), (1ZA) or (2) is applied towards the carrying out of functions that the authority, Mayor or person has that fall within subsection (8D).

The functions that fall within this subsection are—

functions under—

Part 3,

in Part 7, section 191 or 192, or

Part 8;

in the case of the Mayor of London, functions under section 2A and related functions under sections 2B to 2F;

functions under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

functions under section 17 of the Land Compensation Act 1961;

functions specified for the purposes of this paragraph in regulations made by the Secretary of State,

other than functions in connection with applications made in legal proceedings.

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If a local planning authority in Wales calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of performing the function or doing the thing (as the case may be).

If the Mayor of London or a specified person calculates the amount of fees in pursuance of provision made by regulations under subsection (1ZA) the Mayor of London or the specified person must secure that, taking one financial year with another, the income from the fees does not exceed the cost of performing the function.

A financial year is the period of 12 months beginning with 1 April.

Section 303: Fees for planning applications etc.

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