Select Committee on Merits of Statutory Instruments Fourteenth Report


Other instruments of interest

DRAFT TOWN AND COUNTRY PLANNING (FEES FOR APPLICATIONS AND DEEMED APPLICATIONS) (AMENDMENT) (ENGLAND) REGULATIONS 2008 AND OTHER UPRATING INSTRUMENTS

  1. The Department for Communities and Local Government (DCLG) have laid the Draft Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008. These propose increases in the level of fees payable to local planning authorities in England for planning applications, deemed planning applications, and applications for consent to display advertisements. There is a general fee increase of 25%; this includes a smaller rise, of 11%, for householder applications, as well as new maximum fees of £65,000 for minerals and waste development applications, and of £250,000 for any other application for full permission.
  2. DCLG attribute these increases to an established policy of moving towards full cost recovery from planning fee income. The last increase in planning fees was implemented through predecessor Regulations in 2005. We drew the 2005 Regulations to the attention of the House (in our 11th Report of 2004-05), noting that the overall average increase in fees at that time was approximately 39%, and that on that occasion too the Government justified the increase as necessary "to achieve near full cost recovery". We sought further information from DCLG about the reasons why a further increase of 25% was now proposed, and we publish the advice at Appendix 3.
  3. Each March, we see a number of instruments that amend financial values before the start of the new financial year. While the instruments relating to the annual increases in benefits are pegged to inflation, those relating to fees and charges usually relate to the cost of cost recovery and so are often greater than inflation: see the planning fees described above or the fee for a practical driving test which is being increased by over 15%. While we understand that agencies which deliver such services must recover their costs, we note the difference with some concern and question where lies the incentive to control costs.

SITE WASTE MANAGEMENT PLANS REGULATIONS 2008 (SI 2008/314)

  1. The Department for Environment, Food and Rural Affairs (DEFRA) have laid the Site Waste Management Plans Regulations 2008 (SI 2008/314), which require a site waste management plan to be prepared and implemented for all construction projects with an estimated cost greater than £300,000. In the Explanatory Memorandum, DEFRA say that materials resource efficiency in the construction industry is relatively poor: the sector uses about 420 million tonnes of materials per year, of which some 109 million tonnes ends up as waste; moreover, in 2006-07 local authorities reported 87,597 incidents of construction waste fly-tipping. We were concerned to know more about the likely impact of these Regulations, and obtained further information from DEFRA which is reprinted at Appendix 4. We see the proposals as a relatively "light-touch" approach to regulation in this area, but we do see a need for the Government to monitor the actual impact and to keep the House informed.



 
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