Planning Advisory Service (PAS) Logo
Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

Draft 26 week refund of fee - Retroactive?

Former Member, modified 10 Years ago.

Draft 26 week refund of fee - Retroactive?

I hope someone can put my mind at rest on this one, does anyone know if a clarification has been found about if the proposed changes to the fee regulations, (http://www.legislation.gov.uk/ukdsi/2013/9780111539293/contents) to allow refund of fees if the LPA fails to determine applications, would be retroactive? None of the exemptions in paragraph 2 include this proviso. Whilst the order hasn't been made yet, this could make for a very busy September if all applications over the 26 week deadline should be refunded on 1st October, leading to lots of refused out of time applications to avoid paying back fees (affecting statistics etc). Hope I'm worrying about nothing........
Former Member, modified 10 Years ago.

Re: Draft 26 week refund of fee - Retroactive?

Hi Iain I understand that the 26 week fee refund only applies to applications submitted after the Regs come in, not ones that are already with you on 1 October.
Steve Speed - The Planning Jungle website, modified 10 Years ago.

Re: Draft 26 week refund of fee - Retroactive?

Enthusiast Posts: 70 Join Date: 12/08/13 Recent Posts
Hi Iain, This is something that I asked DCLG, and they sent me the following reply at the start of this month: "The refund of the planning application fee will not apply retrospectively to applications in hand. It will only apply to new applications which are submitted from 1st October 2013. This will be made clear to authorities when we write round once the SI has been approved by Parliament." Thanks, Steve
Former Member, modified 10 Years ago.

Re: Draft 26 week refund of fee - Retroactive?

Thanks Alice and Steve, I had assumed as much but was concerned about the wording of the draft order. Thanks for the help