Planning and Development (Amendment) Act 2018

Amendment of section 246 of Principal Act

41. Section 246 of the Principal Act is amended—

(a) in subsection (1), by substituting the following paragraph for paragraph (d):

“(d) the payment—

(i) to local authorities of prescribed fees in relation to applications for grants of licences under section 231 or certificates of safety under section 239, and

(ii) to planning authorities of prescribed fees in relation to any consultation or advice under section 247, and”,

and

(b) in subsection (3), by substituting the following paragraphs for paragraph (a):

“(a) Where, under regulations under this section, a fee is—

(i) payable to a planning authority by an applicant in respect of an application to which paragraph (a) or (e) of subsection (1) applies, or

(ii) payable to a local authority in respect of an application to which subparagraph (i) of paragraph (d) of that subsection applies,

a decision in relation to the application shall not be made until the fee is paid.

(aa) Where, under regulations under this section, a fee is payable to a planning authority by a person in respect of—

(i) a request to which paragraph (c) of subsection (1) applies, or

(ii) a consultation or advice to which subparagraph (ii) of paragraph (d) of that subsection applies,

the planning authority shall not—

(I) give the declaration, or

(II) provide the consultation or advice,

as may be appropriate, until the fee is paid.”.