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Town and Country Planning Act 1990

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Change 1

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As published

303ZZA Directions in relation to fees set by English local planning authorities etc

(1) This section applies where— (a) by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and (b) the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate. (2) The Secretary of State may direct the charging authority to review the level of the fee or charge. (3) A charging authority to which a direction is given under subsection (2) must— (a) review the fee or charge, and (b) notify the Secretary of State of its decision as a result of the review, giving reasons. (4) Subsection (5) applies where— (a) a charging authority fails to comply with subsection (3), or (b) a charging authority complies with that subsection but the Secretary of State considers that the fee or charge remains set at a level that is not appropriate. (5) The Secretary of State may direct that the fee or charge is to be of such amount as may be specified in, or determined in accordance with, the direction. (6) The Secretary of State may by regulations make provision— (a) about the time by which any requirement imposed by or under this section must be complied with; (b) about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2); (c) about repayment of the whole or part of any fee or charge where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5). (7) In this section “specified person” has the same meaning as in section 303.

Your change, as a redline

303ZZA Directions in relation to fees set by English local planning authorities etc

(1) This section applies where— (a) by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and (b) the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate. (2) The Secretary of State may direct the charging authority to review the level of the fee or charge. (3) A charging authority to which a direction is given under subsection (2) must— (a) review the fee or charge, and (b) notify the Secretary of State of its decision as a result of the review, giving reasons. (4) Subsection (5) applies where— (a) a charging authority fails to comply with subsection (3), or (b) a charging authority complies with that subsection but the Secretary of State considers that the fee or charge remains set at a level that is not appropriate. (5) The Secretary of State may direct that the fee or charge is to be of such amount as may be specified in, or determined in accordance with, the direction. (6) The Secretary of State may by regulations make provision— (a) about the time by which any requirement imposed by or under this section must be complied with; (b) about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2); (c) about repayment of the whole or part of any fee or charge where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5). (7) In this section “specified person” has the same meaning as in section 303.

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