Advice to Michael Kilroy
Back to listEnquiry
- From
- Michael Kilroy
- Date advice given
- 2 February 2012
- Enquiry type
The promoter for the proposal, currently at the pre-application stage, requested information about fees charged by the IPC.
The IPC's response was by email.
Advice given
You requested information on when fees would need to be paid by an applicant. Please see the advice as follows.
Pre-application stage:
There are no set fees for the pre-application process. If you sought our authorisation to obtain information about interests in land (s52 of the PA 2008) or authorisation to gain rights of entry for land (s53 of the PA 2008), however, the IPC must charge a fee of £1,000 in relation to each request under section 52 and 53.
Further information on making section 52 or section 53 requests can be found in our Advice Note 4: Section 52, and Advice Note 5: Section 53
http://infrastructure.independent.gov.uk/legislation-and-advice/our-guidance-and-advice/
Acceptance stage:
When an application is submitted to the IPC, £4,500 is payable. The fee must be paid at the same time that the application is made. The IPC has 28 days in which to decide whether to accept the application for examination (see section 55 of the PA 2008). This is a set fee regardless of whether or not an application is accepted for examination.
Pre-examination stage:
This is the period when members of the public and organisations have an opportunity to register to become an interested party. There is no statutory timescale for this stage. If an application is accepted for examination the applicant must publicise this and set a period of at least 28 days in which people can register with the IPC (see section 56 of PA 2008). Once that period is over, the applicant has 10 days to certify to the IPC that it has complied with section 56. Following receipt of certification, an Examining Authority is appointed. The Examining Authority (ExA) can comprise of one, three or five Commissioners. It is for the Chair of the IPC to decide how many and which Commissioners are appointed. The Fees for the pre-examination period will depend on the number of Commissioners appointed as follows:
£13,000 for single Commissioner £30,000 for a panel of three £43,000 for a panel of more than three.
The decision concerning the allocation of Commissioners per project, is made by the Chair of the Commission after an application has been accepted. This decision will reflect the IPC's expectation about how complex or controversial the case is. The IPC will notify the applicant of the appointment and the fee is payable within 28 days of this notification (see Infrastructure Planning (Examination Procedure) Rules 2010).
Examination stage:
The examination of an application can last up to 6 months. The fees of examination depend on how many Commissioners have been appointed and the number of working days it lasts. The fees are as follows:
- 1 Commissioner - £1,230 per working day
- 3 Commissioners - £2,680 per working day
- 5 Commissioners - £4,080 per working day
There is an initial payment based on the estimated number of days of examination and a final payment. Where the applicant does not provide a venue for a hearing the Commission may charge a fee in respect of the venue costs.
Further details of the fee structure is set out in The Infrastructure Planning Commission (Fees) Regulations 2010
http://www.legislation.gov.uk/uksi/2010/106/pdfs/uksi_20100106_en.pdf
The Infrastructure Planning (Fees) Regulations 2010: Guidance provides non-statutory guidance to aid interpretation of the Infrastructure Planning (Fees) Regulations 2010 and provide examples of how the fees work in practice
http://www.communities.gov.uk/documents/planningandbuilding/pdf/infrastructurefeesguidance.pdf