Provectus Remediation Ltd v Derbyshire County Council [2018] EWHC 1412 (Admin) (08 June 2018)

A planning application fee is only refundable if the local planning authority fails to determine the application within 26 weeks of receipt of a valid application and no written agreement to extend that period exists; if an extension is agreed in writing, no refund is due even if the authority fails to determine the application within the extended period.

Citation: [2018] EWHC 1412 (Admin)
Parties: Claimant: Provectus Remediation Limited; Defendant: Derbyshire County Council
Jurisdiction: England and Wales
Judgment Date: 08 June 2018
Procedural Posture: Judicial Review (part 8 Cpr) / Final Judgment
Outcome: Claim dismissed
Legal Topics: Planning Application Fees, Statutory Interpretation, Refund of Fees, Local Authority Obligations

Planning Law Administrative Law Planning Application Fees Statutory Interpretation Refund of Fees Local Authority Obligations

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Parties

Provectus Remediation Limited

Claimant

Derbyshire County Council

Defendant

Procedural Posture

Judicial Review (part 8 Cpr) / Final 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 local planning authority to refund a planning application fee if the application is not determined within an agreed extended period beyond 26 weeks.

Ratio Decidendi

Court Disposition

Claim dismissed