Legislation – Planning and Infrastructure Act 2025

“303ZZBSurcharge on planning fees

(1)

The Secretary of State may by regulations make provision for a surcharge to be imposed on a fee or charge paid—

(a)

to a local planning authority in England under section 303(1) or (2),

(b)

to the Mayor of London or a specified person under section 303(1ZA), or

(c)

to the Secretary of State under section 303(1A), (2), (3) or (4A).

(2)

Where regulations under subsection (1) provide for a surcharge to be imposed on a fee or charge paid to a person other than the Secretary of State, that person must pay to the Secretary of State the amount they receive from any surcharges—

(a)

subject to such deductions, and

(b)

at the times and in the manner,

as set out in regulations under subsection (1).

(3)

Regulations under subsection (1) may—

(a)

specify the level of the surcharge as a percentage of the level of a fee or charge;

(b)

make different provision for different purposes, including setting different levels of surcharge for different fees, charges, cases or circumstances.

(4)

Regulations under subsection (1) may provide that where the level of the fee or charge has been set by—

(a)

a local planning authority under section 303(5A), or

(b)

the Mayor of London or a specified person under section 303(5B),

the surcharge may be set as a percentage of the fee or charge that would be payable had the level of the fee or charge not been so set.

(5)

The Secretary of State must list in regulations the persons whose relevant costs the surcharge is intended to cover (“listed persons”).

(6)

In setting the level of the surcharge, the Secretary of State must have regard to the relevant costs of the listed persons, and must secure that, taking one financial year with another, the income from the surcharge does not exceed the relevant costs of the listed persons.

(7)

In subsections (5) and (6), “relevant costs” means the costs of providing advice, information or assistance (including the provision of a response to a consultation) in connection with—

(a)

applications,

(b)

proposed applications, or

(c)

proposals for a permission, approval or consent,

that are made under or for the purposes of the planning Acts and that relate to land in England.

(8)

Regulations under subsection (1) may set the surcharge at a level that exceeds the costs of listed persons of providing advice, information or assistance in connection with the application, proposed application or proposal in respect of which the surcharge is imposed.

(9)

Paragraphs (a) to (f) of section 303(5) apply to regulations under this section as they apply to regulations under subsection (1), save that references to a fee or charge are to be read as references to the surcharge.

(10)

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”