The fees, which are set out in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, have been regularly updated since they were introduced.
The most recent update was in 2023 which both increased the fees and provided a mechanism for them to be increased automatically each year in line with the consumer price index (capped at 10%), with the first increase due to take place on 1 April 2025.
The Government has however acknowledged that an increase in line with the consumer price index will not be sufficient for some of the fees to cover costs incurred by local planning authorities in processing and determining certain applications.
As part of the public consultation on fees, the Government noted that there is an overall funding shortfall for local planning authority development management services of £262 million and that householder applications, which account for 52% of planning applications, result in the greatest shortfall. In comparison, the fees for applications classed as major development (which account for 3% of all applications received) broadly meet the cost recovery level. This leaves many local planning authorities, especially those with less major development schemes, vulnerable to funding shortfalls.
In response, the Government has put forward draft legislation in the form of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment and Transitional Provision) Regulations 2025, which will increase fees for certain types of applications, in particular householder applications, applications for certain types of prior approval and section 73 applications, which are used to remove or vary conditions attached to a planning permission.
The regulations should be considered in full but to summarise some key changes to the 2012 regulations:
The 2012 regulations should be considered carefully because a planning application may not be validated by the local planning authority until the correct fee has been paid.
Not all planning applications are subject to fees. Exemptions include applications for listed building consent, demolition in a conservation area and works to protected trees.
Planning application fees can only be charged at a level which covers the cost to the local planning authority of processing and determining planning applications. It does not cover other planning services such as plan-making and enforcement.
The increase in fees is likely to be a sign of things to come. In the Government's response to the consultation on fees, they signaled an intention to take forward measures in the proposed Planning and Infrastructure Bill to introduce a power for local planning authorities to set their own fees. The Government intends to provide guidance on fee setting including what costs can be recovered. Where local planning authorities set their own fees, or vary from national fees, they will have to consult and publish their schedule of fees. The Secretary of State will also have the power to intervene where fees are considered excessive or unjustified.
As public finances become more constrained, we can expect to see planning fees continue to rise.