Q&As

What is the procedure for claiming a refund of a planning application fee under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (the Fee Regulations), SI 2012/2920 where the local planning authority refuses to administer the refund? Is the procedure different for a refund due under the Fee Regulations, SI 2012/2920, reg 9A as opposed to where it is due under the Fee Regulations, SI 2012/2920, reg 3(5)?

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys
Published on LexisPSL on 04/01/2019

The following Planning Q&A produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • What is the procedure for claiming a refund of a planning application fee under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (the Fee Regulations), SI 2012/2920 where the local planning authority refuses to administer the refund? Is the procedure different for a refund due under the Fee Regulations, SI 2012/2920, reg 9A as opposed to where it is due under the Fee Regulations, SI 2012/2920, reg 3(5)?

What is the procedure for claiming a refund of a planning application fee under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (the Fee Regulations), SI 2012/2920 where the local planning authority refuses to administer the refund? Is the procedure different for a refund due under the Fee Regulations, SI 2012/2920, reg 9A as opposed to where it is due under the Fee Regulations, SI 2012/2920, reg 3(5)?

Typically, planning application fees cannot be refunded. There are some exceptions to this general rule including under the ‘Planning Guarantee’ under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (the Fee Regulations), SI 2012/2920, reg 9A and where the application is invalid under the Fee Regulations, SI 2012/2920, reg 3(5).

The Planning Guarantee requires that a planning application fee must be refunded to an applicant where the application has not been determined within 26 weeks unless an extension of time has been agreed in writing by the applicant and the local planning authority (LPA).

Many applicants often find themselves in this position and may be advised that it is in their interests to agree an extension of time so that the LPA is not under pressure to determine an application too quickly and perhaps before the applicant has been able to

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