Fees relating to compliance with Planning Conditions

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008 came into force on 6th April 2008 and amends the 1989 Regulations.

As a result of this legislation, a fee is now payable where written confirmation is required from the District Planning Authority that one or more conditions imposed on a planning permission have been complied with.

The fee payable for each request is:

a) £28 where the request is in respect of conditions imposed on a planning permission to extend or alter a dwellinghouse, or carry out other development in the curtilage of a dwellinghouse;
or

b) £97 for all other requests.

In many cases this will relate to planning permissions which have conditions which request further details (e.g. landscaping scheme, samples of materials etc) to be submitted.

It will also apply to cases where a condition does not require the submission of further details. Examples might be a condition which requires a window to be obscure glazed, or one which requires a tree to be retained and not removed. If a request were received for confirmation that conditions of this nature had been complied with, then a charge would be payable. However, a fee would only be payable in relation to a request for compliance, not for a copy of any confirmation already provided.

It should also be noted that if changes are sought to details that have already been approved (e.g. change in the type of brick/tile to be used in a development) then a further fee would be required.

The above fee is payable per request. That said, a request can include confirmation of compliance with more than one condition, as long as they are from the same planning permission.

The District Planning Authority must respond to such requests within 12 weeks of receipt of the fee otherwise the fee must be refunded.