Fees for planning applications

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Fees for planning applications: overview

Why does a fee have to be paid for planning services?

Planning-related fees were introduced so that users of the planning system, rather than taxpayers in general, meet the costs incurred by local planning authorities in deciding planning applications. The overall planning service is funded from a local authority’s core spending power, which includes Council Tax, retained business rates, and central government grants. The planning application service is also funded by fees for planning applications. Planning fees should be used to offset the costs of the planning application service.

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Who sets planning fees?

Planning fees in England are set nationally by the government and are detailed in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended. In this guidance, this is referred to as the “2012 Fees Regulations”.

A general increase to the planning fees was introduced by the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023. Local planning authorities use the 2012 Fees Regulations, as amended, to charge the correct fee for each application, based on the details of the application.

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How often are fees increased?

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023 introduced an automatic, annual increase. This will increase planning fees annually, on 1 April each year, starting on 1 April 2025. All planning fees will be increased by the rate of inflation, as measured by the Consumer Prices Index from the preceding September. The increase will be capped at 10%, even if the inflation rate is higher. The fees will not be changed if there is negative inflation (deflation). We will publish the schedule of new fees in advance of April each year, from April 2025.

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Which applications are subject to a planning application fee?

Applications which are subject to a planning application fee include (but are not limited to):

applications for planning permission, including technical details consent and ‘retrospective applications’ where development has already taken place
applications for permission in principle
applications for the approval of reserved matters following the grant of planning permission in outline
applications under section 73 of the Town and Country Planning Act 1990 to vary a condition following the grant of planning permission
applications made by local planning authorities for the development of any of their own land within their area, or for development by themselves (whether alone or jointly) of other land in their area
applications for ‘prior approval’ of permitted development
‘deemed’ applications
applications for lawful development certificates
requests for written confirmation of compliance with a planning condition
applications for consent to display advertisements
applications (for valuation purposes) for Certificates of Appropriate Alternative Development, under section 17 of the Land Compensation Act 1961
site visits for the monitoring of landfill and minerals permissions

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What is the fee for each type of application?

Where an application is subject to a planning application fee, the relevant fee is listed in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2023. The 2012 Fee Regulations, as amended, continue to remain in force, subject to the amendments made by subsequent regulations, so the latest fees should be read alongside the legislation in the 2012 Fees Regulations.

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Which planning applications are not subject to planning fees?

No planning application fee is required for the following types of application:

applications for consents (other than ‘reserved matter’ approvals) required by a condition imposed on an outline permission (but a fee is payable for a request for written confirmation of compliance with a planning condition)
applications for listed building or scheduled monument consent
applications under section 19 of the Planning (Listed Buildings and Conservation Areas) Act 1990 for discharge of a condition imposed on a listed building consent
applications to demolish an unlisted building in a conservation area (these are exempt under regulation 5A of the 2012 Fees Regulations as amended)
applications for certificates of immunity from listing, under section 6 of the Planning (Listed Buildings and Conservation Areas) Act 1990
applications for approvals under the Building Regulations, for which charges are fixed locally under separate legislation
applications for review of old mining permissions under Schedule 2 of the Planning and Compensation Act 1991 and mineral permissions under Schedules 13 and 14 of the Environment Act 1995
work on the preparation of planning obligations in the form of section 106 agreements
applications for consent to lop or fell trees subject to tree preservation orders
applications under the Commons Act 2006 to register a village green or other common land

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How and when should fees be paid?

Fees should be paid to the local planning authority at the time of submitting the application. The local planning authority will provide advice on how the payment should be made.

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Will the local authority charge an additional fee for paying by credit card?

Local authorities can charge an additional fee for paying by credit card. These charges are set locally by the local authority but should not be more than the cost of handling the credit card payment. Local authorities should not charge a fee for payments made by debit card.

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What happens if the correct fee is not paid?

The correct fee must be paid when the application is submitted in order for:

i. the local planning authority to begin to process the application; and

ii. the application to be valid.

Until the local planning authority accepts the application as valid, it cannot be registered or decided.

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What happens if the application is not validated?

If the application cannot be validated, the local planning authority must notify and return the fee to the applicant, as required by regulation 3(5) of the 2012 Fees Regulations, as amended.

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Calculating fees for planning applications

How are planning application fees calculated?

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended, set out 13 categories of development and the fee that the local planning authority will require to determine an application under each of the categories. The fee for each category of development broadly reflects the work a local planning authority has to do to process the application. The local planning authority must decide the fee which will apply to the application based on the category, or categories of development if the application is for more than one type of development.

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Is VAT charged on planning fees?

There is no VAT to pay on fees for planning applications as the service is considered to be a ‘non-business’ activity.

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What are the fees for outline applications?

Where an applicant has applied for an outline planning permission the fee is calculated based on the site area of the application and the relevant fee category or categories for the type of development proposed.

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What are the fees for full applications?

Where an applicant has applied for full planning permission the fee is calculated by applying the relevant fee category or categories to the proposals in the application. This can include for example looking at the number of dwelling houses to be created, the area of gross floor space to be created or the size of the site area.

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What is the fee for each reserved matters application?

A reserved matters application may cover one or any number of reserved matters. The fee is calculated with reference to the relevant fee category or categories for the type of development proposed. The fee for each reserved matter(s) application is calculated as if it were a full planning application. Where an application for approval of reserved matters relates to only one part or phase of the development covered by the outline permission, fees should be charged on the basis of the number of buildings or the floor space included in that part or phase. Subsequent applications – in respect of other parts or phases – will attract fees on the same basis.

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Is there a limit to the number of reserved matters that can be submitted in one application?

There is no limit to the number of individual reserved matters that can be submitted as part of the same application. In some cases an applicant may also need to make more than one attempt to have a particular reserved matter approved.

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Is there a limit on the fees to be paid for reserved matter(s) applications?

Under paragraph 4(2) of Part 1 of Schedule 1 to the 2012 Fees Regulations, as amended, a flat rate fee of £578 is payable for any reserved matter application where the total amount paid for previous reserved matter(s) application(s) alone, equals or exceeds the fee that would have been payable for full permission for the whole development. The flat rate fee can only be applied where the reserved matter(s) application(s) is by the same applicant in respect of the same outline permission.

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How are site areas and floor spaces calculated?

For most planning applications the fees are calculated based on the site area or the floor space of the application.

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What should be defined as the site area?

Site area is defined as the area to which the application relates. This should be shown edged in red on plans accompanying an application, while other land in the same ownership but not being developed should be outlined in blue.

If a proposal is for carrying out alteration or works to the same type of existing structure in many locations across a wide area, the local planning authority may accept plans where the area is enclosed by a blue (or, if not owned by the applicant, other coloured) line, and each small works site within that line is ringed or marked out in red. The area for the application would be the total of all the pieces of land within red lines added together. This would be the case for applications for non-domestic scale solar or wind farms.

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How is floor space calculated?

Floor space is the gross amount (all storeys, including basements and garaging) to be created by the development shown in the application. This is an external measurement, including the thickness of any external and internal walls, as set out in paragraph 12(1) of Part 1 of Schedule 1 to the 2012 Fees Regulations, as amended. The local planning authority decides which spaces within a building count for fee assessment purposes.

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Does site area or floor space get rounded up?

Any fraction of the stipulated unit of site area or floor space included in the application should be corrected upward to the 0.1 of a hectare or square metre respectively. For example 2.36 hectares would be rounded to 2.4 hectares and 60.4 square metres would be rounded to 61 square metres.

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How do I calculate the fee for a solar or wind farm application?

The calculation for a solar panel or wind farm application is treated differently. The calculation is based on the site area of the equipment only and any associated development such as ancillary buildings or access. It does not include any land in between the equipment unless the applicant wishes to have the flexibility to move the equipment within the site as a whole. Where the applicant wishes to have more flexibility on siting equipment the fee would be based on the area of land for the whole of the site.

Where the application is for a wind-turbine, the site area is based on the area of land within the sweep of the blades where the turbine rotates 360 degrees. The area is calculated by calculating the area of a circle where the radius is the length of the blade of the wind turbine. The area of all the turbines is added together with any associated development. Please note that some elements of the application may fall under different categories of development and therefore the areas for each component would be calculated on the basis of mixed category development.

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How are fees for outline permission for mixed development calculated?

Under paragraph 14(2) of Part 1 of Schedule 1 to the 2012 Fees Regulations, as amended, application fees for outline planning permissions for mixed development are calculated in the following way:

Where the site area does not exceed 0.5 hectares, the fee is £578 for each 0.1 hectare (or part thereof) of the site area
Where the site area exceeds 0.5 hectares but does not exceed 2.5 hectares, the fee is £624 for each 0.1 hectare (or part thereof) of the site area
Where the site area exceeds 2.5 hectares the fee is £15,433 plus an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares, subject to a maximum fee of £202,500

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How are fees for full permission for mixed development calculated?

Fees for mixed development are calculated in the following way

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Fees for specific application types

How are fees calculated for prior approval applications?

Where the principle of development has already been established by a permitted development right, as set out in in Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015, it usually means that there is no requirement to submit a planning application. However, in certain circumstances, a developer has to submit a request to the local planning authority to determine whether its prior approval will be required for specific elements of the development.

A fee for a prior approval application is payable in relation to certain types of development authorised by the 2015 Order. The amounts are payable every time an application for prior approval is made.

Under regulation 14 of the 2012 Fees Regulations, as amended, the amounts to pay are:

for a material change of use under any part of Schedule 2 to the 2015 Order – £120
for a material change of use and associated building operations under Part 3 of Schedule 2 to the 2015 Order – £258
for certain agricultural buildings and forestry buildings and operations under Parts 6 and 7 of Schedule 2 to the 2015 Order – £120
for demolition of buildings under Part 11 of Schedule 2 to the 2015 Order – £120
for development by Electronic Communications Code Operators under Part 16 of Schedule 2 to the 2015 Order – £578
for a collection facility within the curtilage of a shop under Part 7 of Schedule 2 to the 2015 Order – £120
for the temporary use of buildings or land for the purpose of commercial film-making under Part 4 of Schedule 2 to the 2015 Order – £120
for the installation, alteration or replacement of solar PV equipment up to 1 megawatt on the roofs of non-domestic buildings under Part 14 of Schedule 2 to the 2015 Order – £120
for the erection of a larger single storey rear house extension under Part 1 of Schedule 2 to the 2015 Order – £120
for the construction of new dwellinghouses under Part 20 of Schedule 2 to the 2015 Order, where there are no more than 10 new dwellinghouses - £418 per dwellinghouse
for the construction of new dwellinghouses under Part 20 of Schedule 2 to the 2015 Order, where there are more than 10 but not more than 50 new dwellinghouses - £451 per dwellinghouse
for the construction of new dwellinghouses under Part 20 of Schedule 2 to the 2015 Order, where more than 50 new dwellinghouses are proposed - £22,309 plus £135 for each dwellinghouse in excess of 50, subject to a maximum fee of £405,000
for the construction of additional storeys on an existing house under Part 1 of Schedule 2 to the 2015 Order - £120
for a change of use from Commercial, Business and Service use to residential use under Part 3 of Schedule 2 to the 2015 Order - £125 for each new dwellinghouse
for development by universities under Part 7 of Schedule 2 to the 2015 Order - £120
for development by the Crown on a closed defence site under Part 19 of Schedule 2 to the 2015 Order - £120

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What is the fee payable for a lawful development certificate?

A lawful development certificate confirms that the particular use, operation or activity named within the certificate is lawful, so far as planning law is concerned, on the dates specified. A fee must be paid to the local planning authority for a lawful development certificate which is calculated in the following way:

for a certificate to establish the lawfulness of an existing land-use or of development already carried out under section 191(1)(a) or (b) of the Town and Country Planning Act 1990, under regulation 11(3)(a) of the 2012 Fees Regulations, as amended, the fee would be the same as if applying for a new permission for that use or operation
for a certificate to establish that it was lawful not to comply with a particular condition or other limitation imposed through a planning permission under section 191(1)(c) of the Town and Country Planning Act 1990, the fee in all cases is £293 (see regulation 11(3)(b) of the 2012 Fees Regulations, as amended)
for a certificate to state that some future development would be lawful under section 192 of the Town and Country Planning Act 1990, the fee would be half the application fee for applying for planning permission to carry out whatever form of development is the subject of the certificate, in accordance with regulation 11(3)(c) of the 2012 Fees Regulations, as amended

There are, however, circumstances where the following rules apply instead:

where a use specified in an application under section 191 (1)(a) of the Town and Country Planning Act 1990 is for one or more separate dwellings, the fee payable is calculated on the same basis as the fee payable in accordance with paragraph 2(a) or (b) of category 1 in Part 2 of Schedule 1 to the 2012 Fees Regulations, as amended (see regulation 11(6) of the 2012 Fees Regulations, as amended)
where an application is made both under section 191 (1)(a) and/or (b) and under section 191(1)(c) of the Town and Country Planning Act 1990, the fee to be paid is the sum of the fees that would have been paid if there had been separate applications, in accordance with regulation 11(7) of the 2012 Fees Regulations, as amended

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Can a concession apply to applications for lawful development certificates?

Where the fee for an application for a lawful development certificate is the same as the applicant would have paid if they had actually made a planning application for the same development applied for in the lawful development certificate, then the applicant can take advantage of any exemption or concession that may be applied.

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When does a fee for written confirmation of compliance need to be paid?

Applicants will need to pay a written confirmation of compliance fee where they request confirmation in writing of any planning consent, agreement or approval (commonly known as discharge of conditions) required by one or more conditions or limitations attached to a grant of planning permission.

The fee chargeable by the authority is £145 per request (or £43 where the related permission was for extending or altering a dwelling house or other development in the curtilage e.g. garden of a dwelling house) as set out in regulation 16 of the 2012 Fees Regulations, as amended). A request can cover one or more conditions or limitations.

The Standard Application Form (application for the approval of details reserved by a condition) must be used to set out the details which applicants would like the local planning authority to consider.

If the local planning authority considers that the condition has not yet been complied with, they will explain to the applicant what remains to be done and issue confirmation of compliance when satisfied, unless enforcement action or a retrospective planning application would be more appropriate.

Where the applicant makes more than one request for confirmation of compliance in order to amend or revise the details to comply with a condition, a fee has to be paid each time as if it were the first such request.

A request for confirmation of compliance must be determined within 12 weeks.

Local authorities may choose to ‘confirm’ some conditions informally without seeking the fee. The applicant can decide whether or not to then request a formal statement of compliance.

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What fees are payable for applications to vary conditions?

In order to vary the terms of a condition or to implement a planning permission without an imposed condition, it will be necessary to make an application under section 73 or 73A(2)(c) of the Town and Country Planning Act 1990. The fee for an application under section 73 or 73A(2)(c) is a flat rate fee of £293 as set out in paragraphs 5 and 6(b) of Part 1 of Schedule 1 to the 2012 Fees Regulations, as amended.

More than one condition at a time can be removed or altered on the same application without any multiplication of the fee to be paid.

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Can a local planning authority decline to accept an application to vary conditions?

A local planning authority may decline to accept an application under section 73 or 73A of the Town and Country Planning Act 1990 if the actual or potential impact of varying the relevant condition(s) would more properly be the subject of an entirely fresh application for full planning permission.

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How much is the fee for consents to display advertisements?

On-site signs

Regulation 9 of the Town and Country Planning (Control of Advertisements) Regulations 2007, as amended, requires an application to be made where express consent to display an advertisement is needed. Fees for applications for consent for the display of advertisements are set out in regulation 13 of and Schedule 2 to the 2012 Fees Regulations, as amended.

Regulation 13 of the 2012 Fees regulations, as amended, which requires this fee, refers to the site on which the advertisement is displayed. “Site” is defined in regulation 2(1) of the 2007 Regulations as the land or building on which the advertisement is to be displayed.

When a number of advertisements are to be displayed in a specified area then the specified area is regarded as one site for the fee calculation as set out in regulation 13(4) of the 2012 Fees Regulations), as amended.

Advance signs

‘Advance signs’ are advertisements which give advance notice of premises situated in the locality of the proposed advertisement but which are not visible from the location of the advertisement. For example, when a hotel in a rural area wishes to obtain express consent for an advance sign beside a main road, and the hotel cannot be seen from the site where the advertisement is to be displayed, the fee will be £165; but when a hotel wants to put up an advertisement beside a main road, on a site from which the hotel itself can be seen, the fee goes up to £578.

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How much is the fee for a deemed planning application?

When an appeal is made against an enforcement notice under section 174 of the Town and Country Planning Act 1990 under the ground in Section 174(2)(a) that planning permission ought to have been granted, the process for resolving the issue is through a ‘deemed application’. This is an application deemed to have been made for planning permission to carry out whatever activity or change of land-use had earlier been found unlawful by the local planning authority.

The fee is double that which would be payable for a corresponding planning application that was made at the time the enforcement notice was issued, as set out in regulation 10(3) of the 2012 Fees Regulations, as amended.

Where the development is for mixed use development the fee should be calculated, and then the fee is doubled.

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Is Crown development subject to a planning application fee?

Most planning applications for development on Crown land are now made subject to the same planning fees as other applications. If the Crown needs to carry out urgent development under section 293A of the Town and Country Planning Act 1990 then a fee is payable to the Secretary of State. Regulation 12 of the 2012 Fees Regulations, as amended provides that the fee payable will be the same amount as would have been paid to the local planning authority.

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What fee is payable for an application for a certificate of appropriate alternative development?

Certificates of appropriate alternative development are used in the compulsory purchase regime (see section 20 of the Guidance on compulsory purchase process and the Crichel Down Rules).

A fee must be paid to the local planning authority when applying for a certificate of appropriate alternative development. The fee payable is £293 or, if the application is made by or on behalf of a parish council, half of that amount (see regulation 18 of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended.

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Exemptions and concessions

For which planning applications is it possible not to pay a fee or pay a reduced fee?

There are several types of planning application where no fee or a reduced fee applies. These are set out under regulations 4 to 7 of Part 1 of Schedule 1 of the 2012 Regulations, as amended.

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Alternative developments on the same site

If different proposals for full or outline permission, or for approval of a reserved matter, are all submitted simultaneously, by or on behalf of, the same applicant, a concession is available. The fee should first be calculated separately for each alternative for which permission is sought. The total fee payable is then calculated by adding to the highest of these separate amounts half the sum of the other separate amounts. Please see paragraph 10 of Part 1 of Schedule 1 to the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended.

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Applications made on sites that cross local planning authority boundaries

If an application site is on land that falls within the boundary of more than one local planning authority, then identical applications must be submitted to each local planning authority, identifying on the plans which part of the site is relevant to each. The planning fee is paid to the local planning authority whose area contains the largest part of the application site.

The fee, however, for this divided site would be either the sum of the fees payable for each part of the site calculated separately, or, if it comes to a smaller figure, 150% of the fee that would have been payable if there had been only one application to a single authority covering the entire site.

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Applications made on sites that cross local planning authority boundaries: County matter applications

The fee for a county matter application which relates to land which is situated in a single county for which there is no county planning authority will be the same as the fee which would have been payable if the application had fallen to be made to one authority in relation to the whole development (see paragraph 8(2) of Part 1 of Schedule 1 of 2012 Fees Regulations), as amended. In any other case, the fee for a county matter application which is on a site which crosses local planning authority boundaries will be 150% of the fee which would have been payable if the application had fallen to be made to a single authority or the sum of the fees payable for each part of the site calculated separately, whichever is the lesser.

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Development providing for people with disabilities

Regulation 4 of the 2012 Fees Regulations, as amended, sets out that planning application fees are waived for a disabled person who is living or intending to live in a dwelling who wishes to:

i. alter or extend an existing dwelling; or

ii. undertake works in the curtilage of an existing dwelling in order, in either case, to:

a. create an access; and/or

b. provide for their improved safety, health or comfort

There is no fee exemption for an application to construct a new dwelling for someone with a disability.

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Demolition and use classes

No fee is payable for a planning application to demolish an unlisted building in a Conservation Area (see regulation 5A of the 2012 Fees Regulations, as amended).

No fee is payable for an application for change of use of land if that application is not necessary because a right to change the land-use granted by the Town and Country Planning (Use Classes) Order 1987, as amended, has been removed by a condition imposed on a previous grant of planning permission as set out in regulation 6 of the 2012 Fees Regulations, as amended.

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Parish and town councils

Town and parish councils have various rights under Part 12 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 to carry out works without making a planning application. However, where a parish or town council is required to apply for planning permission, paragraph 2 of Schedule 1 to the 2012 Fees Regulations, as amended, sets out that the planning application fee is half the normal fee for the type of application being applied for.

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Development of playing fields

There is a flat-rate fee of £578 for applications made by non-profit making clubs or other non-profit-making sporting or recreational organisations, relating to playing fields for their own use (see paragraph 3 of Schedule 1, part 1 to the 2012 Fees Regulations, as amended).

The flat rate fee applies to applications to change the use of land for playing fields and other associated operations such as earthmoving, draining or levelling. The flat rate fee does not apply to planning applications to erect buildings.

The term “playing field” includes, but is not limited to, football, cricket, hockey or hurling pitches, but does not include enclosed courts for games such as tennis or squash, golf courses or golf driving ranges.

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Refunds and adjustments

Can planning application fees be refunded once paid?

Once paid, most planning application fees cannot be refunded. There are a few exceptions to this, including:

in relation to the Planning Guarantee
when a request for a written confirmation of compliance is not completed within 12 weeks
in some circumstances for deemed planning applications

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When are planning application fees refunded under the Planning Guarantee?

Under the Planning Guarantee, the planning application fee must be refunded to applicants where no decision has been made within a specified time, unless a longer period has been agreed in writing between the applicant and the local planning authority.

For applications for major development, under the Planning Guarantee, the planning application fee must be refunded to applicants where no decision has been made within 26 weeks unless a longer period has been agreed in writing between the applicant and the local planning authority (see regulation 9A of the 2012 Fees Regulations, as amended).

For applications for non-major development, under the Planning Guarantee, the planning application fee must be refunded to applicants where no decision has been made within 16 weeks, unless a longer period has been agreed in writing between the applicant and the local planning authority (see regulation 9A of the 2012 Fees Regulations, as amended. This only applies to applications for non-major development submitted on or after 6 December 2023.

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When are fees for written confirmation of compliance refunded?

Regulation 16(2) of the 2012 Fees Regulations, as amended, sets out that fees are refunded where a request for written confirmation of compliance with conditions is not decided within 12 weeks.

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When will fees for deemed planning applications be refunded?

Fees for deemed planning applications can be refunded (see regulation 10 of the 2012 Fees Regulations, as amended) in the following situations:

i. if the related enforcement notice is withdrawn by the local planning authority at any stage

ii. if the related appeal is withdrawn at least 21 days before the public inquiry, or the site inspection where the written representations procedure is used. (An appeal is regarded as ‘withdrawn’ on the date when the Secretary of State receives notice in writing of the withdrawal.)

iii. if an enforcement notice appeal is rejected as invalid, is null, or is formally dismissed for lack of facts in support of the grounds of appeal within a period prescribed by the Secretary of State

iv. if an enforcement notice is quashed, and the appeal is allowed by the Secretary of State because the local planning authority has failed to submit the prescribed information within a prescribed period

v. if an enforcement notice appeal is allowed because the enforcement notice is found to be invalid or to contain a defect which the Secretary of State cannot correct within the appeal process

When an enforcement notice is amended under section 176(1) of the Town and Country Planning Act 1990, and the fee payable on the amended notice is less than was actually paid, then the difference can be refunded (see regulation 10(14) of the 2012 Fees Regulations, as amended).

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Can fees be adjusted once paid?

Fees cannot be adjusted once paid and where the local planning authority has validated the application and accepted the planning application fee is correct, except in the case of deemed applications.

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Fees for monitoring mining and landfill sites

Can mineral planning authorities charge for site visits?

Under regulation 15 of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended, mineral planning authorities dealing with county matter applications can charge to monitor mineral and landfill permissions. This covers initial implementation to the end of the period of aftercare required by a condition of the planning permission. During a site visit, the local planning authority may also check compliance with other permissions and planning obligations which apply to the site.

The fee for a site visit is £496 where the whole or part of the site is active, or £165 in any other case.

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Revision date: 22 02 2018 See previous version

How many site visits can a mineral planning authority charge for?

Under regulation 15 of the 2012 Fees Regulations, as amended, authorities can charge for a maximum of eight site visits within any 12 month period for an active mining or landfill site, and one visit for an inactive site. Additional site visits may be undertaken but they cannot be charged for.

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What is an active site in terms of mineral development?

An active site in terms of minerals development is:

one where development to which a mineral or landfill permission relates
where a condition attached to the mineral permission or landfill permission is in operation
a single site which is both a mining and landfill site where either or both are operational
“mothballed” sites which are subject to ongoing restoration or aftercare

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What is an inactive site in terms of minerals development?

Inactive sites in terms of minerals development are any other sites which are not active, dormant, mining or landfill sites, and “mothballed” mining or landfill sites where no mineral or landfill restoration and aftercare are being carried out to any substantial extent.

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What inspection fee is charged for a minerals and/or a landfill site which has more than one planning application and includes more than one location?

For fee purposes, a mining and/or landfill site is the area of land which is worked as a single site, regardless of how many planning permissions or what permitted development rights relate to it. For mining sites, this may also include satellite sites. The whole site will be the subject of the monitoring visit, for which a single charge can be made up to the maximum number of chargeable visits.

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What is the fee if a site is both a mining and a landfill site?

For fee purposes, sites worked as both mineral and landfill sites are regarded as single sites, and are subject to the maximum number of chargeable monitoring visits.

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How do monitoring fees apply to satellite sites?

Fees can apply to satellite sites. These sites may be part of the mining site and grouped with the main extraction site or primary processing facility and may be subject to a monitoring fee.

This will depend on factors such as:

their location
their distance from each other and from the main extraction site or primary processing facility
whether it is clear that the various sites form part of a coordinated mineral extraction and/or primary processing operation
whether it makes practical sense to monitor them all at the same time or separately

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When will fees cease to be charged?

Fees will cease to be charged for monitoring visits on the completion of the period of aftercare set out in the planning permission.

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What constitutes a site visit for which fees may be charged?

A fee may only be charged for a site visit when the planning officer(s) enter a mining or landfill site to monitor compliance with planning permissions and obligations. Fees are not charged for any assessment by an officer of conditions at a site without entering the site.

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What happens when a mining or landfill site straddles two or more mineral planning authority boundaries?

Where a mining or landfill site straddles two or more mineral planning authority boundaries, the mineral planning authorities should agree who is responsible for monitoring the site, and to which mineral planning authority the operator will pay the fee. The monitoring of the site should normally be undertaken by the authority which contains the largest proportion of the site.

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What issues should mineral planning authorities monitor under individual site visits?

Mineral planning authorities’ visits may monitor one or more aspects of operations or a few conditions only. However, over the course of each 12 month period all planning conditions and obligations, including section 106 agreements, and any permitted development rights should be monitored.

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Should monitoring cover issues which are the responsibility of the Environment Agency?

Mineral planning authorities should avoid monitoring activities which are the responsibility of the Environment Agency. Operators should not be billed twice for duplicated monitoring by the Environment Agency and the planning authority.

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How many chargeable site visits to active sites should be carried out?

The number of chargeable visits to active sites will depend on a number of factors, including:

i. the size and type of development

ii. the number and complexity of conditions

iii. the number of issues requiring monitoring

iv. the stage of development. More frequent visits to mining sites may be needed during initial site preparation e.g. construction of site access and wheel washing equipment, installation and commissioning of processing plant/offices

v. the progressive nature of working/restoration ie sand and gravel sites may require more frequent visits than hard rock

vi. breaches of planning control observed/consistency in compliance

vii. complaints received about the site that have proved to be justified

Whilst a maximum of eight site visits are chargeable, local planning authorities should not seek to carry out more than four visits in a 12 month period unless the site is at a particularly sensitive stage of development, or where the authority has concerns about compliance. Minor breaches of control at an otherwise consistently compliant site should not normally lead to more visits in the following year.

An active, “mothballed”, site that is subject to restoration works should receive fewer monitoring visits than other types of active sites.

Mineral planning authorities should agree with operators the number of site visits (announced and unannounced) to each site, and who will be invoiced for the monitoring fees, at the start of the charging year. Mineral planning authorities should clearly explain the performance assessment and other factors which have been taken into account in reaching the number of proposed site visits.

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Who should pay the monitoring fee?

The operator should pay the monitoring fee. “Operator” is defined in regulation 15(6) of the 2012 Fees Regulations, as amended. For sites in multiple operation, an operator in overall control of the site should pay for the monitoring. However, the operator may make arrangements to recoup part of the fees from subsidiary operators carrying out mineral development, but who are not in overall control of the site.

Where no operator has been identified, responsibility for paying the monitoring fee rests with the owner. The liable owner is the person who holds the head lease of the site. If there is no head lease, then the person who is the freehold owner of the site is liable. If there is more than one owner, then the fee will be split between them.

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When should site monitoring fees be paid?

A fee for a site visit is charged after the visit has occurred, and a written follow up site monitoring report has been sent to the operator. Local planning authorities should agree invoicing arrangements, including when visits should be paid for, with operators before the start of the charging year.

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Should the record of the site visit record any specific information about the site visit?

A record of the time spent on site should be produced by the mineral planning authority and completed for each site visit. The record of the site visit should also identify the time spent at site, the name and work address of the officer who carried out the inspection, whether or not the visit was announced or unannounced or was in response to a complaint, and a short description of which planning conditions were monitored.

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What should a site monitoring report contain?

A written site monitoring report should detail in full:

compliance with, and any breaches of, the planning conditions being monitored
the matters reviewed, the points arising, agreed improvements in working practices that have been identified, any breaches of conditions, and the action required by both the operator and the authority, including timescales

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Fees for planning applications