Following the Government’s July 2024 consultation on planning fees, draft amendments to the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (‘the Regulations’) have been published.
If approved by Parliament, the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment and Transitional Provision) Regulations 2025 (‘the 2025 Regulations’) would come into force on 1 April 2025.
Fees will also rise annually with inflation from 1 April 2025 (capped at 10%, measured by the Consumer Price Index from the preceding September). This year the fee increase will be 1.7%, which will apply to the fees in the current Regulations. The fees intended to be introduced on 1 April 2025 will not also have a 1.7% increase applied on that day.
Increased fees for certain applications
The fee for section 73 applications is currently a flat £292, regardless of the development type. The 2025 Regulations are expected to introduce a new three-tier banded structure to fees for section 73 applications of £86 for householders, £586 for non-major development (other than householders) and £2,000 for major development. The fees for applications for approval of details reserved by condition are doubling to £86 (from £43) for householders and £298 (from £145) for any other development.
The fee for prior approval applications is increasing from £120 to £240 (100%) and from £258 to £516 (100%) if the development includes building operations. The fee for prior approvals relating to the change of use of commercial, business and service uses to residential is increased from £125 per dwellinghouse to £250 per dwellinghouse.
Increased fees for householder applications
Proposals to increase the fee for householder applications to £528 (from £258) for a single dwellinghouse and to £1,043 (from £509) for two or more dwellinghouses are being taken forward in an attempt to allow LPAs to achieve full cost recovery. However, the existing fee of £258 (£262 from 1 April 2025) will remain for small-scale operations within the curtilage of a dwellinghouse, such as the construction of gates or fences. The existing fee exemptions and concessions will continue, including those relating to domestic accommodation for disabled people. The £528 fee is at the lowest end of the fee rates suggested in the consultation; more than half suggested fees be set at £528 of more. If these estimates of the fees needed for cost recovery are accurate, householder development applications will only scrape cost recovery.
A common criticism of this proposed increase to householder fees, in the consultation, was that it would lead to more unauthorised development as applicants would be put off applying for permission due to the additional cost of doing so. Examples given included the fee for a new rooflight being the same as a large extension to a house (and the rooflight fee potentially being similar to the cost of the development itself). The consultation response recognised that this may be an issue but highlighted that LPAs have enforcement measures at their disposal to stop unlawful development. As discussed
here, there is a possibility that the new enforcement measures which increase the time limit for enforcement action to be taken, could lead to stretched LPAs prioritising other action which need more immediate attention. However, it is important that this fee increase is made, so that householder development is not, in effect, subsidised by other development, given that local planning authority budgets are unlikely to be increased by another means.
Potential forthcoming further changes to fees
The Government says that the Planning and Infrastructure Bill will give local planning authorities powers to set their own fees. It has also said that, alongside devising those proposals, they “will conduct a comprehensive review of all national fees in order to establish a robust baseline for full cost recovery of fees and to inform a national default fee”. This appears to reflect consultation responses that, once householder fees are increased, some other fees (or zero fees) appear very low cost. This includes listed building consent, tree preservation order, discharge of condition and non-material amendment applications.
First annual increase of fees to take effect
The annual increase of fees, as provided for in regulation 18A of the Regulations, applies to the fee amounts in the 2025 Regulations from 1 April 2026.
Planning Portal has provided a helpful
Forthcoming Fees for Planning Applications in England table. We set out in the table (further below) some examples fee changes.
Closing thoughts
Historically, application fees have been fixed for several years and the various fee amounts become familiar over time. We are now seeing more frequent fee changes; from April onwards there will not only be annual changes, but further consideration of all planning related fees, as the Government aims for full cost recovery for determination of planning applications, while seeking to ensure that fee increases do not encourage a bypassing of the system, particularly for minor householder development. For all types of development, the Government and local authorities will be mindful of the consistent message from applicants - increased fees should come with an improved service.
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Current Fee until 1 April 2025
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New Fee from 1 April 2025
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Outline for dwellings on a site area of between 0.5 hectares and 2.5 hectares
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£624 for each 0.1 hectare (or part thereof)
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£635 for each 0.1 hectare (or part thereof)
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Outline for buildings (other than dwellings) on a site area of between 1 hectare and 2.5 hectares
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£624 for each 0.1 hectare (or part thereof)
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£635 for each 0.1 hectare (or part thereof)
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Outline on sites of more than 2.5ha
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£15,433 and an additional £186 for each 0.1 hectare (or part thereof) in excess of 2.5 hectares. Maximum fee of £202,500.
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£15,695 + £189 for each additional 0.1 hectare (or part thereof) in excess of 2.5 hectares. Maximum fee of £205,943
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Full application/reserved matters for between 10 and 50 dwellings
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£624 for each dwellinghouse
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£635 for each dwellinghouse
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Full application/reserved matters for more than 50 dwellinghouses
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£30,860 + £186 for each additional dwellinghouse in excess of 50. Maximum fee of £405,000.
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£31,385 + £189 for each additional dwellinghouse in excess of 50. Maximum fee of £411,885
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Full application for buildings other than dwellinghouses, agricultural, glasshouses, plant or machinery, between 1,000 square metres and 3,750 square metres
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£624 for each 75 square metres (or part thereof)
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£635 for each 75 square metres (or part thereof)
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Full application for buildings other than dwellinghouses, agricultural, glasshouses, plant or machinery, more than 3,750 square metres
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£30,680 + £186 for each additional 75 square metres (or part thereof) in excess of 3750 square metres. Maximum fee of £405,000.
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£31,385** + £189 for each additional 75 square metres (or part thereof) in excess of 3,750 square metres. Maximum fee of £411,885
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Other operations (not coming within any other category in the Regulations)
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£293 for each 0.1 hectare (or part thereof). Maximum fee of £2,535.
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£298 for each 0.1 hectare (or part thereof) Maximum fee of £2,578
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The Draft Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment and Transitional Provision) Regulations 2025
