Legislation – Planning and Infrastructure Act 2025

“(5A)

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.

(5B)

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.

(5C)

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

(a)

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

(b)

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

(c)

publication of information or reports;

(d)

obligations to notify the Secretary of State;

(e)

reviews of the level of a fee or charge.”

“(8B)

Where—

(a)

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

(b)

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.

(8C)

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).

(8D)

The functions that fall within this subsection are—

(a)

functions under—

(i)

Part 3,

(ii)

in Part 7, section 191 or 192, or

(iii)

Part 8;

(b)

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

(c)

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

(d)

functions under section 17 of the Land Compensation Act 1961;

(e)

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.”

“303ZZADirections in relation to fees set by English local planning authorities etc

(1)

This section applies where—

(a)

by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and

(b)

the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate.

(2)

The Secretary of State may direct the charging authority to review the level of the fee or charge.

(3)

A charging authority to which a direction is given under subsection (2) must—

(a)

review the fee or charge, and

(b)

notify the Secretary of State of its decision as a result of the review, giving reasons.

(4)

Subsection (5) applies where—

(a)

a charging authority fails to comply with subsection (3), or

(b)

a charging authority complies with that subsection but the Secretary of State considers that the fee or charge remains set at a level that is not appropriate.

(5)

The Secretary of State may direct that the fee or charge is to be of such amount as may be specified in, or determined in accordance with, the direction.

(6)

The Secretary of State may by regulations make provision—

(a)

about the time by which any requirement imposed by or under this section must be complied with;

(b)

about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2);

(c)

about repayment of the whole or part of any fee or charge where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5).

(7)

In this section “specified person” has the same meaning as in section 303.”