YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 5

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1 YORKSHIRE DALES NATIONAL PARK AUTHORITY ITEM 5 Date: 28 March 2017 Report: PLANNING APPLICATION FEE CHANGES Purpose of the report 1. To advise Members of a change in nationally set planning application fees following the publication of the Housing White Paper and to seek approval to accept the Government s offer of a 20% increase in fee levels. RECOMMENDATION 2. It is recommended that the Authority accepts the Government s offer of a 20% planning application fee increase and gives its assurance the income will be spent on planning services. Strategic Planning Framework 3. The information and recommendations contained in this report are consistent with the Authority s statutory purposes and its approved strategic planning framework: Corporate Plan objectives: Provide an efficient development management service that supports appropriate opportunities for economic and community development whilst helping to conserve and enhance the special qualities of the National Park, including ensuring that 65% of minor and 80% of other planning applications are being determined within eight weeks and at least 80% of applicants are satisfied with the service provided. Background 4. On 7 th February 2017 the Government published its Housing White Paper, entitled Fixing our broken housing market. The White Paper includes a range of proposals that affect the operation of the planning system. The paper sets out the Government s intention to increase nationally set planning fees by 20% from July 2017 in response to developers consistently.. telling the Government that the lack of capacity and capability in planning departments is restricting their ability to get on site and build. 5. The Chief Executive received a letter from the Director of Planning at the Department for Communities and Local Government on 21 st February inviting the Authority to confirm its intentions in relation to the fee increase. Any planning authority wanting to benefit from the 20% fee increase had to confirm its acceptance of the increased fee offer by 13 th March. The letter also made clear that it is intended that the additional

2 income generated should be retained by planning departments and is an opportunity for all authorities to make improvements to their resourcing, leading to better services, improved performance, and greater capacity to deliver growth If Authorities do accept the increase but do not comply with the assurances it has provided, [to spend the money entirely on planning services] the Secretary of State will consider reducing the fee level for that authority back to the original fee level 6. To date, officers have responded to the Department for Communities and Local Government to indicate the intention to accept the increase but have made it clear that this was still subject to a final decision by the Authority today. Consideration 7. Planning application fees are set nationally by Statutory Instrument. The current national fee schedule is shown in the Appendix. It is understood that the power to charge the 20% fee increase will be conferred only on planning authorities named in a new Statutory Instrument. 8. In 2010/11 the previous Government signalled its intention to allow planning authorities to adopt their own locally set planning application fees. This was considered necessary in recognition that planning application fees were insufficient to fully cover the costs of a planning service and that those who benefit from the planning system [developers] should contribute to the cost. The proposal was eventually dropped in favour of a 15% increase in national fees that took effect in The Authority s income from planning applications for 2016/17 is estimated to be 177,000. The estimated expenditure on the development management service for the same period is 535,800. Expenditure is estimated to increase in 2017/18 to 574,535. If the 20% increase is applied from July the income from planning applications is estimated to rise by 35,000 to 210,000. As the net costs of the service rise year on year the additional fee income is only likely to cover increased costs rather than reducing the net cost. 10. The Development Management service currently operates to a high performance level consistent with being a priority programme: exceeding Government targets for the speed of decision making, a high approval and appeal success rate, a good income and take-up of the pre-application advice service and, a good overall customer satisfaction rating. 11. At the time of writing, Richmondshire, Craven, South Lakeland, and Eden District Councils and Lancaster City Council have confirmed that they have either accepted the increased offer or are minded to do so. All English National Park Authorities have also confirmed that they intend to accept the 20% fee increase offer. Conclusion 12. The Authority has committed to providing an efficient development management service that supports appropriate opportunities for economic and community development whilst helping to conserve and enhance the special qualities of the

3 National Park. The proposed planning application fee increase will allow the Authority to cover the increasing cost of providing an efficient and effective service. Richard Graham Head of Development Management 9 March 2017

4 APPENDIX THE TOWN & COUNTRY PLANNING (FEES FOR APPLICATIONS AND DEEMED APPLICATIONS, REQUESTS AND SITE VISITS) (ENGLAND) REGULATIONS 2014 SCHEDULE OF FEES NB: The planning portal s fee calculator can calculate the fee for you at: 1 Residential development Outline applications Per 0.1 hectare of the site area up to 2.5 hectares Site area over 2.5 hectares 9,527 plus an additional 115 for each 0.1 hectare over 2.5 to a maximum of 125,000 Not Outline Applications for full permission for new dwellings up to and including 50 More than 50 dwellings 2 Erection of other buildings (not agricultural or residential) Outline applications Per 0.1 hectare of the site area up to 2.5 hectares Site area over 2.5 hectares Not Outline Where gross floor-space to be created does not exceed 40m² or no floor space created Where gross floor-space to be created exceeds 40m², but does not exceed 75m² Where gross floor-space to be created exceeds 75m² but does not exceed 3750 m² Where gross floor-space to be created exceeds 3750 m² per dwelling 19,049 plus additional 115 per dwelling in excess of 50, maximum fee 250,000 9,527 plus an additional 115 for each 0.1 hectare over 2.5 to a maximum of 125, per 75m² or part thereof 19,049 & 115 for each additional 75m² or part thereof, maximum fee 250,000 3 Agricultural buildings - the erection, on land used for the purposes of agriculture, of buildings (other than glass-houses) to be used for agricultural purposes Outline applications Per 0.1 hectare of the site area up to 2.5 hectares Site area over 2.5 hectares 9,527 plus an additional 115 for each 0.1 hectare over 2.5 to a maximum of 125,000 Not Outline Up to 465m² 80 Over 465m² up to 540m² Over 540m² up to 4215m² for the first 540m² and for each 75m² or part thereof Over 4215m² 19,049 for the first 4215 m² & 115 for each 75 m² or part thereof, maximum fee 250,000 4 Glass houses - erection of glass houses on land used for the purpose of agriculture Up to 465m² 80 Over 465m² 2,150 5 Erection, alteration or replacement of plant or machinery Per 0.1 ha or part thereof, up to 5 hectares

5 Over 5 hectares Development by Telecommunications Code System Operators (Part 24 GPDO) Development which involves the making of any material change of use of any building or other land (Prior Approvals) Development which involves a material change of use and permitted building operations in connection with that change of use (Prior Approval)(Dwellings) Fees in respect of the monitoring of mining and landfill sites APPENDIX 19,049 and an additional 115 for each 0.1 hectares, maximum fee 250,000 6 Extensions and alterations to a dwelling - enlargement, improvement or other alteration of existing dweliinghouse One dwellinghouse or more dwellinghouses Operations within domestic curtilage The carrying out of operations (including the erection of a building) within the curtilage of an existing dwelling house for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse 8 Car Parks, service roads and other means of access The construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land 9 Operations connected with drilling for oil or natural gas Up to 7.5 hectares Over 7.5 hectares 10 Carrying out of operations not coming within any of the above categories 10A Winning and working of minerals Up to 15 hectares Over 15 hectares per 0.1 hectare 28,750 and an additional 115 for each 0.1 hectare. Maximum fee 250, per 0.1 hectare 29,112 and an additional 115 for each 0.1 hectares. Maximum fee 65,000 10B Any other case 195 per 0.1 hectare up to a maximum fee 1, Change of use - the change of use of a building to use as one or more separate dwellinghouses Up to 50 Over 50 for each additional dwelling house 19,049 and an additional 115 for each dwelling - maximum fee 250, Disposal of waste/storage of minerals in open. The use of land for (a) the disposal of refuse or waste materials, or (b) the deposit of material remaining after minerals have been extracted from land, or (c) the storage of minerals in the open Up to 15 hectares Over 15 hectares 13 Change of use Material change of use of a building of land (other than a material change of use coming within categories 10 or 11a or 11b) 195 for each 0.1 hectare 29,112 and an additional 115 for each 0.1 hectare. Maximum fee 65,000 Advertisements Advertisement displayed on business premises 110 Advance signs, directing people to business premises in the locality 110 All other types of advertisement Fees for certain applications under the general development order Notice of Intention (for agricultural and forestry development & demolition of buildings) 80 (There is no fee for demolition of non-listed building(s) within a conservation area)

6 Active Site 331 Other case 110 APPENDIX Written discharge of conditions (we must reply within 12 weeks or refund fee) Householder development (Category 6 or 7) 28 each request All other developments 97 each request Non material change to planning permission Householder 28 All Other applications 195 Certificates of lawful use or development To prove an existing use of building or land or operations are lawful To prove failure to comply with a condition is lawful 195 To prove a proposed use of buildings or land is lawful Deemed Consent (Enforcement appeal which could result in a permission being granted) Variation of Condition / Renewal of temporary permission 195 Same amount as would be payable for it as a proposed development half the fee payable were it to be an application for planning permission Twice the fee payable if it were a planning application Extend time limit for implementation of permission Householder 57 Major 575 Other 195 Provision of playing fields or ancillary operations on playing fields by non-profit making sporting and recreational clubs and societies, excluding any buildings Reserved matters where applicant s earlier reserved matters applications have incurred total fees equalling that of a full application for the entire scheme Listed building consent or conservation area consent Nil Works to improve a disabled person s access to a public building, or to improve his/her access, safety, health or comfort at his/her dwelling house (does not include construction of new dwelling) Applications by parish councils (advertisement applications included) Nil Half the fee Applications required because of the removal of permitted development rights by a condition or by an Article 4 direction Revised or fresh application for development of the same character or description within 12 months of approval, refusal, or, if withdrawn date of making application Alternative applications for one site Nil Nil (see notes below) Highest of the fees applicable for each alternative and a sum equal to half the rest. Calculation of Areas: In many cases, the amount of the fee will be calculated from the area of the site or the gross floor area of the new building. The site area is taken as being the whole of the application site shown on the submitted plans and the gross floor area is obtained by external measurements.

7 Revised Applications: Where an application for planning permission, approval of reserved matters or advertisement consent is granted, withdrawn or refused or where an appeal has been dismissed, no fee is payable for one subsequent application provided that: a) It is made by the same applicant. b) It relates to the same site or part of the site and to no other land other than any land required for access purposes. c) It is in outline if the original application was in outline. d) The proposed development is of the same character or description as the original application. e) It is made within one year of the decision (or date of original registration of application if it was withdrawn). f) The appropriate fee was paid for the original application. Mixed Development for Residential and Other Uses: Where an application relates to development which is in part to erect dwelling(s) and in part for other APPENDIX purposes, the fee shall be the sum of the amount payable for each dwelling formed plus the amount payable in respect of the gross floor area of the other uses. Common floor-space shall be divided pro rata to the floor-space of each type of development for the purpose of calculating the fee. Mixed Developments for Non-Residential Uses: Where an application relates to development which falls within more than one of the categories listed in the attached schedule, the fee shall be calculated for each type of development. The fee shall be the highest of the amounts so calculated, not the sum of the amount. Method of Payment: Cheques for all applications should be made payable to Yorkshire Dales National Park Authority (YDNPA) or ring if you wish to pay by debit/credit card. If an application is submitted without the correct fee, you will be notified and the application will not be processed until the correct fee is submitted. Advice on Fees: The planning portal s fee calculator can calculate the fee for you at: england/public/tools/feecalc If you are unsure, the Planning Authority will give informal advice on the appropriate fee for the type of development you propose, please contact the Senior Planning Technician on