Planning fees being retained by LPA
December 20, 2023 by John in forum Planning Forum
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#2176 John, 20 December 2023, 07:50
Anybody experienced a Local Planning Authority making an application valid then subsequently identifying it was invalid due to land ownership. The authority then served an invalid notice and returned the application. They however insisting on keeping all of the fee.
When asked to quote the sub section in the regs that explained this scenario. They said the regs did not cater for this scenario, therefore they get to keep the fee as they have assessed the submission. To be clear they did not keep a percentage of the fee, they kept all of it, nearly 4k!
This is a Welsh Local Authority in Neath Port Talbot.
#2177 Damian, 20 December 2023, 08:21
If the application is deemed invalid, then the fee should also be returned. The application fee is only retained by the LPA should they have assessed it and a formal determination made, i.e. withdrawn, approved or refused.
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