Provectus Remediation Ltd v Derbyshire County Council

A refund of a planning application fee is only required if the local planning authority fails to determine the application within 26 weeks of receipt of a valid application and no written extension has been agreed. If a written extension is agreed, no refund is due, even if the authority fails to determine the application within the extended period.

Parties: Claimant: Provectus Remediation Limited; Defendant: Derbyshire County Council
Jurisdiction: England and Wales
Judgment Date: 08 June 2018
Procedural Posture: Judicial Review / Judgment
Outcome: Claim dismissed
Legal Topics: Interpretation of Planning Fee Regulations, Refund of Planning Application Fees, Statutory Interpretation

Administrative Law Planning Law Interpretation of Planning Fee Regulations Refund of Planning Application Fees Statutory Interpretation

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Parties

Provectus Remediation Limited

Claimant

Derbyshire County Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether Regulation 9A of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 requires a refund of the planning application fee if the local planning authority fails to determine the application within an agreed extended period beyond 26 weeks.

Ratio Decidendi

Court Disposition

Claim dismissed