HL Deb 12 December 1996 vol 576 cc1196-8

3.57 p.m.

The Minister of State, Department of the Environment (Earl Ferrers) rose to move, That the draft regulations laid before the House on 2nd December be approved [6th Report from the Joint Committee].

The noble Earl said: My Lords, for the convenience of your Lordships, in moving this Motion I should like at the same time to speak to the draft Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1997. These apply to England and Wales and were laid before the House on the same day.

Both sets of regulations introduce new levels of fees and, if approved by your Lordships and by another place, will come into effect in late January or early February of next year. The Scottish regulations, in addition, consolidate the 1990 regulations for Scotland.

The Government announced in 1990 the objective that fee levels should be increased over time until they reach a level where they fully cover the costs which local authorities incur in processing and in determining planning applications. The proposal in the regulations is that there should be an increase of approximately 10 per cent. in fees as soon as the regulations are implemented, and a further increase of 5 per cent. on 1st October 1997. Fees are only a very small part of developers' overall costs—considerably less than 1 per cent. in fact. Few householders pay any fees at all, as most minor domestic developments do not require a planning application.

Under the proposals the minimum fee for a factory or office development would rise from £160 to £180 on implementation, and to £190 from October next year. The maximum fee for the biggest of buildings, like a supermarket of some 3,750 square metres or more, would rise from £8,000 now to £9,000 in early 1997 and to £9,500 from next October. An application to build a new house would attract a fee of £180 in early 1997 and £190 in October. Substantial alterations to houses would be charged at £90 and £95 respectively.

The Government are of the view that those who apply for planning permission should meet the costs that are incurred in determining their applications, otherwise these costs would fall, as they once were, to be met by council tax and business rate payers. Even after taking into account the increase in fees proposed in these regulations, the fees for planning applications continue to be modest and they represent only a small proportion of the developers' overall costs.

I commend both sets of regulations to your Lordships. I beg to move.

Moved, That the draft regulations laid before the House on 2nd December be approved [6th Report from the Joint Committee].—(Earl Ferrers.)

Lord Williams of Elvel

My Lords, the House is grateful to the noble Earl for introducing these two Motions. They are uncontroversial, in our view, and we are happy to accept them.

However, there is one small point. On paragraph 4 of the Town and Country Planning Order for England and Wales there is an amendment to the definition of "disabled person". It refers to certain matters which have been described in legislation previously. Could the noble Earl, when he replies, set out in clear terms for the House exactly what these amendments concern, and in what sense they will affect disabled persons of whatever category?

I am not an expert on Scottish legislation, but I am a little concerned about the question of "deemed application", which is indeed defined in the Scottish order. I wonder whether the concept of a "deemed application" is suitable for England and Wales as well as for Scotland. In so far as it is convenient, I am in favour of aligning the legislation in the two countries, if I may put it that way. Can the noble Earl say a little more about what a "deemed application" means?

Earl Ferrers

My Lords, it is always a pleasure to reply to the noble Lord, Lord Williams, because he has always done his homework. He likes to look at these matters in great detail and find some curious question to ask. That is highly commendable. In this case, of course, he asks a perfectly reasonable question; in fact, two questions. He wishes to know why the definition of disability is being amended in the regulations. The reason is that the fee regulations provide a fee exemption for various works which are aimed at providing access, and other facilities, for disabled people. Disabled people are defined in the fees regulations by reference to Section 29 of the National Assistance Act 1948, but this section was amended by the 1989 Children Act to exclude those who are under 18. The proposed change in Regulation 4 ensures that the fee exemption applies both to disabled adults and to children.

The noble Lord was also concerned about the expression "deemed application". A "deemed application" is one where an application for planning permission is deemed to have been made in consequence of an appeal against an enforcement notice; in other words, action taken by an authority against an individual or company that has not sought planning permission for a development which is undertaken or which is completed.

I hope that explanation satisfies the noble Lord. He is a difficult person to satisfy, but I see him smiling in agreement this time, and that is a great pleasure. I hope, therefore, that your Lordships will accept these regulations. I beg to move.

On Question, Motion agreed to.