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STATUTORY INSTRUMENTS


2006 No. 948 (W.97)

TOWN AND COUNTRY PLANNING, WALES

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2006

  Made 28 March 2006 
  Coming into force 1 April 2006 

The National Assembly for Wales, in exercise of its powers as the appropriate authority under section 303 of the Town and Country Planning Act 1990[1], hereby makes the following Regulations:

Title, commencement, interpretation and application
     1. —(1) The title of these Regulations is the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2006.

    (2) These Regulations come into force on 1 April 2006.

    (3) In these Regulations, "the 1989 Regulations" ("Rheoliadau 1989") means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989[
2].

    (4) These Regulations apply in relation to Wales.

General increase in fees
     2. —(1) The 1989 Regulations, insofar as they apply to Wales, are amended in accordance with the provisions of this regulation.

    (2) In regulation 10A of the 1989 Regulations—

    (3) In regulation 11A(1) of the 1989 Regulations—

    (4) In Part I of Schedule 1 to the 1989 Regulations—

    (5) For Part II of Schedule 1 to the 1989 Regulations (scale of fees), substitute the new Part II set out in Schedule 1 to these Regulations.

    (6) For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications), substitute the new Schedule 2 set out in Schedule 2 to these Regulations.

    (7) For the purposes of paragraphs (5) and (6), the fee payable between 1 April 2006 and 31 March 2007 is the fee specified in the second column of the tables set out in the Schedules to these Regulations and the fee payable on or after 1 April 2007 is the fee specified in the third column of those tables.

Amendment of the 1989 Regulations
    
3. For regulation 7(1) of the 1989 Regulations, substitute—

Revocation
    
4. The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2004[3] are revoked.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[4]


D. Elis-Thomas
The Presiding Officer of the National Assembly

28 March 2006



SCHEDULE 1
Regulation 2(5)


PART II OF SCHEDULE 1 TO THE 1989 REGULATIONS


          






SCHEDULE 2
Regulation 2(6)

          






EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend, in relation to Wales, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 ("the 1989 Regulations").

The effect of these Regulations is to increase fees payable, in relation to Wales, under the 1989 Regulations by 20% from 1 April 2006 and by a further 10% from 1 April 2007.

Regulation 2 amends the fees payable under regulations 10A and 11A of, and Part I of Schedule 2 to, the 1989 Regulations. Replacement scales of fees for those payable under Part II of Schedule 1, and under Schedule 2, to the 1989 Regulations are set out in the Schedules to these Regulations.

Regulation 3 amends regulation 7(1) of the 1989 Regulations so as to require an applicant to pay a fee for making a further application to a local planning authority where the further application relates to an application for which planning permission was previously granted.

These Regulations revoke the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2004 (S.I. 2004/2736) (W.243).


Notes:

[1] 1990 c.8; section 303 was amended by paragraph 10 of Schedule 13 to the Environmental Protection Act 1990 (c.43), section 6(6) of the Planning and Compensation Act 1991 (c.34) and section 53 of the Planning and Compulsory Purchase Act 2004 (c.5). See S.I. 2004/2097 (C.89) and, in relation to Wales, 2006/931 (C.26). See also section 303(2A) of the Town and Country Planning Act 1990 for the meaning of "appropriate authority" and section 336(1) of that Act for the definition of "prescribed".back

[2] S.I. 1989/193, amended, in relation to England and Wales, by S.I. 1990/2743, 1991/2735, 1992/1817, 1992/3052, 1993/3170 and 1997/37 and, in relation to Wales, by S.I. 2002/1876 (W.185), 2002/2258 (W.222) and 2004/2736 (W.243).back

[3] S.I. 2004/2736 (W.243).back

[4] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 091319 1


 © Crown copyright 2006

Prepared 11 April 2006


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