Section 303A: Responsibility of local planning authorities for costs of holding certain inquiries etc., Town and Country Planning Act 1990

This section applies if the appropriate authority appoints a person to carry out or hold a qualifying procedure.

A qualifying procedure is—

an independent examination under section 20, 21(5)(b), 27(3)(a) or 64 of the Planning and Compulsory Purchase Act 2004;

a local inquiry or other hearing under paragraph 8(1)(a) of Schedule 7;

the consideration of objections under paragraph 8(1)(b) of that Schedule.

Where a local planning authority cause a qualifying procedure to be carried out or held, the appropriate authority is—

the Secretary of State if the local planning authority causing the procedure to be carried out or held is in England;

the National Assembly for Wales if the local planning authority causing the procedure to be carried out or held is in Wales.

Where the qualifying procedure is an independent examination of a strategic development plan under section 64 of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Welsh Ministers.

The appropriate authority may require the whole or any part of the costs borne by it in relation to the qualifying procedure to be paid by the local planning authority or corporate joint committee causing the qualifying procedure to be held.

The appropriate authority may cause the amount of any such costs to be certified; and any amount so certified and required by it to be paid by a local planning authority or corporate joint committee shall be recoverable from that authority or committee as a civil debt.

What may be recovered under this section by the appropriate authority is the entire administrative cost of, or incidental to, the qualifying procedure , so far as borne by it , including, in particular, such reasonable amount or element as it may determine in respect of the general staff costs and overheads of his department.

For the purposes of subsection (4), the appropriate authority may by regulations prescribe a standard daily amount in relation to any description of qualifying procedure and any description of person appointed to hold it, . . . and where, in relation to a qualifying procedure of that description, a person of that description is or has been so appointed, what may be recovered in respect of that qualifying procedure by virtue of the appointment of that person . . . is—

the prescribed standard amount from time to time applicable in the case of that qualifying procedure and that person in respect of each day, or an appropriate proportion of that amount in respect of a part of a day, on which that person is engaged in the holding of, or is otherwise engaged on work connected with, the qualifying procedure ;

any costs actually incurred on travelling or subsistence allowances payable to that person in connection with the qualifying procedure ;

any costs attributable to the appointment of an assessor to assist that person . . . and

any other costs attributable to the appointment of that person.

The cost of, or incidental to, a qualifying procedure which does not take place may be recovered by the appropriate authority from the local planning authority or corporate joint committee from which it would have been recoverable, had the qualifying procedure taken place, to the same extent, and in the same way, as the cost of, or incidental to, a qualifying procedure which does take place.

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A reference to a local planning authority or corporate joint committee causing a qualifying procedure to be carried out includes a reference to the case where under the Planning and Compulsory Purchase Act 2004—

the local planning authority or corporate joint committee are required to submit a document to the appropriate authority for independent examination, or

the Secretary of State holds an independent examination in relation to a document prepared by the local planning authority, or by the Secretary of State under section 27(2)(a) of that Act.

In this section—

any reference to costs borne by the appropriate authority includes a reference to costs which, apart from this section, would fall, or would have fallen, to be borne by it ; and

any reference to any remuneration or allowance being paid or payable to a person includes a reference to its being paid or payable for him.

This section applies in relation to costs arising before, as well as costs arising after, its coming into force.

Section 303A: Responsibility of local planning authorities for costs of holding certain inquiries etc.

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