Introduction of Discretionary Planning Charges - Update
North Lanarkshire Council · 8 December 2022
Back to Planning Committee — 8 December 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☐ Yes ☒ No Ref DM/LB Date 08/12/22 Introduction of Discretionary Planning Charges - Update From Head of Planning and Regeneration E-mail humphriesp@northlan.gov.uk Telephone Lorna Bowden 07939280460 1. Background 1.1 The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 (“the Regulations”) set out the level of fees required as part of the submission of planning applications and other associated applications. The Regulations for the first time include new sections on discretion to charge fees, waiving or reducing of fees and surcharges on retrospective planning applications. 2. Report 2.1 The Regulations require us, as planning authority, to set out what we will charge for these services, when and by how much fees will be reduced, and clarify the level of surcharges applied. This report sets out the additional fees the Council has agreed to charging which could deliver additional resources to enhance the service provided and ensure a well-resourced and efficient planning service is maintained. Executive Summary The Planning Committee approved the introduction of fees for a range of services provided by the Planning and Place Service at its meeting on 13 October 2022. This report sets out the range and scale of these fees and includes where Value Added Tax is applicable. Recommendations It is recommended that the Committee note the detail of the charges being introduced. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements
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2.2 The fees for retrospective applications and for pre-application advice for Major applications was introduced on 01 November 2022. All of the other discretionary charges set out in the Appendix will be introduced from 04 January 2023. 3. Measures of success 3.1 The additional discretionary planning fees being charged offer additional resources to give additional financial support to the planning authority and ensure a well-resourced and efficient planning service is maintained. 4. Supporting documentation 4.1 Details of the charges to be introduced are set out in the attached Appendix. Pamela Humphries Head of Planning and Regeneration
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The proposed charges represent a reasonable estimation of costs in relation to officer time and resource in processing these requests. It is anticipated that the introduction of charging as set out in the report below has the potential to generate an annual income of £50,000. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed?
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Appendix Summary of Discretionary Planning Fees Category Fee Payable Pre-application Charges: Major Pre Application Enquiry Local Pre Application Enquiry (Other than Householder Developments) Householder Pre Application Enquiry Single House Pre Application Enquiry Commercial Developments and Change of Use Pre Application Enquiry(Maximum Floor Space 500m²) Listed Building Pre Application Enquiry £1,000 + VAT (=£1,200) £500 + VAT (=£600) £65 + VAT (=£78) £200 + VAT (= £240) £200 + VAT (= £240) £65 + VAT (= £78) Property History Searches: Planning Application History for a Single Property Certified Copy of Decision Notice Certified Copy of Decision Notice including Plans (Householder, Local and Advert Applications) Certified Copy of Decision Notice including Plans (Major Applications) £150 £50 £100 £200 Request to vary a permission (S64 - Non-Material Variation of a Planning Permission) Applications submitted on or after 1 April 2022 £200 + VAT (= £240) Request for written confirmation of compliance with a condition £100+VAT (= £120) (per request) Applications made in retrospect (Effective 1 November 2022) 25% increase in applicable planning fee +VAT
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Submitting paper applications: Major Applications Non-Householder/Local Applications £180 + VAT (= £216) £80 + VAT (= £96) Refund Charge £10 + VAT (= £12) Reduction of Fees for Organisations falling under Section 252(1F) of the 1997 Town and Country Planning (Scotland) Act 1997, i.e. “not for profit enterprises” and “social enterprises” Fee reduced by 50% Note: Based on VAT at 20% which is changeable