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Exemption for disabled person-Prior Approval

Nigel Scollin, modified 1 Year ago.

Exemption for disabled person-Prior Approval

New Member Posts: 18 Join Date: 19/10/11 Recent Posts

Are works which are for the benefit of a disabled person, but which fall under the Prior Approval scheme for single storey extensions, liable for the full £96 fee?

The fees legislation refers to an exemption for applications  for planning permission, Permission in Principle or Reserved Matters for works which benefit a disabled person, but not for  Prior Approvals. This would appear to be counter intuitive, but what do others think?

 

richard white, modified 1 Year ago.

RE: Exemption for disabled person-Prior Approval

Advocate Posts: 212 Join Date: 26/11/18 Recent Posts

Maybe. It looks to me when Reg 14 was amended to introduce the £96 fee for prior approval of larger house extension (14.1zab), the amendments also includes a cross refer back to the exemption in Reg 4  at 14.1b.

 

Fees for certain applications under the General Permitted Development Order

14.—(1) Where an application is made to a local planning authority for their determination as to whether the prior approval of the authority will be required in relation to development under Schedule 2 to the General Permitted Development Order (permitted development) a fee shall be paid to that authority of the following amounts—

(zab)for an application under Part 1 of that Schedule relating to development permitted by Class A of that Part (enlargement, improvement or other alteration of a dwellinghouse) which exceeds the limits in paragraph A.1(f) of that Class but is allowed by paragraph A.1(g), £96;

(1B) This regulation shall not apply to impose a fee in relation to an application of a type described in paragraph (1)(zab) or (zac) (“the approval application”) where the local planning authority to whom the approval application is made are satisfied that the application relates solely to operations referred to in sub-paragraph (a) or (b) of regulation 4(1).

https://www.legislation.gov.uk/uksi/2012/2920/regulation/14

 

Nigel Scollin, modified 1 Year ago.

RE: Exemption for disabled person-Prior Approval

New Member Posts: 18 Join Date: 19/10/11 Recent Posts

Ah, I'd not come across that cross-reference previously (or if I had, it had not registered!)

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James Garrett, modified 1 Year ago.

RE: Exemption for disabled person-Prior Approval

New Member Posts: 24 Join Date: 07/12/15 Recent Posts

Hi.

On Planning Portal we use 14(1B) as the legislative justification for offering this specific fee exemption on the following applciation types:

  • Prior Approval: Larger home extension (GPDO 2;1;A)
  • Prior Approval: Additional storeys on a dwellinghouse (GPDO 2;1;AA)