Advice to Marrons
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- From
- Marrons
- Date advice given
- 13 December 2012
- Enquiry type
It does not the same as my amended version but I am not suggesting that we continue the debate. Please simply note that it is not an agreed note.
My clients are concerned that a further full fee of £4,500 is being requested with the resubmission and I have been instructed to ask you to explain the basis for this (including the regulation which applies) and the reasons why a full fee is being charged again.
Notwithstanding that, and to avoid any possible delay in processing the resubmission, I am arranging to transfer £4,500 to the Inspectorate today since it is our intention to resubmit by the end of next week.
Advice given
Thank you for your email of today's date.
We note that you do not agree with the entirety of the contents of the meeting note. Nevertheless it is in our judgment an accurate record of the meeting, and we will be publishing the note on our website in the usual way.
Please can you confirm which day you intend to resubmit the application. We will need to provide all relevant local authorities with advance warning of this for the adequacy of consultation comments as this may be challenging for them over the Christmas and New Year period.
We trust that you will have been able, in the time available to you since you received our non-acceptance decision, to rectify the deficiencies in the application as originally submitted, carry out the necessary consultation and reflect this consultation in the consultation report.
In terms of the application fee, Regulation 5(1) of the Fees Regulations provides that the Secretary of State must charge the applicant a fee in respect of the decision by the Secretary of State under section 55 (acceptance of applications) whether or not to accept the application and Regulation 5(3) provides that "The fee must be paid at the same time that the application is made". The fee payable is a flat rate fee and is set at £4,500 under Regulation 5(2).