Legal development

Planning application fees set to rise

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    The Government is consulting on plans to increase planning application fees for major applications by 35%. The suggestion has been supported by some in the industry who see local authority under-resourcing as one of the key constraints on our planning system.

    The consultation asks for views on whether the extra money should go directly to planning departments and be ring-fenced for planning use only. Better performance from local authorities will be expected as a result, and more training and other support to improve capability as well as capacity are promised.

    What's proposed?

    1. Financial support
    • Fees for major applications to be increased by 35%;
    • Fees for all other planning applications to be increased by 25%;
    • Fees to be adjusted annually in-line with inflation;
    • Removal of the "free-go" for repeat applications;
    • Doubling fees for retrospective planning applications to discourage unauthorised development;
    • Additional fees for bespoke or ‘fast track’ services; and
    • Introduction of a prior approval fee for the permitted development right allowing development by the Crown on a closed defence site.
    2. Additional resource
    • A programme of support to increase capacity and capability within planning departments. This will be worked up with representatives across the sector to ensure that the right type of training is provided.
    3. Improved performance
    • A new way of measuring local planning authorities' performance across a broader set of quantitative and qualitative measures. This is to provide greater transparency of service delivery and to ensure the right type of support to local planning authorities is given at the right time; and
    • Reduction of the Planning Guarantee (after which fees are refunded unless an extension of time has been agreed) from 26 weeks to 16 weeks for non-major applications.

    What's next?

    Whilst the prospect of greater costs isn't exactly good news, many in the development industry are prepared to pay more if it results in better resourced planning teams, who deliver a higher quality and faster service.

    The consultation closes on 25 April 2023 and depending on the responses received, and Parliamentary approval, the plan is for the higher fees to be introduced in the Summer.

    A new fee structure for amending planning permissions will be consulted on later once the new legislation in the Levelling Up and Regeneration Bill on variations has come into force. Watch this space for more from us on that in due course.

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.