GUERNSEY STATUTORY INSTRUMENT. 2017NO. Q'-l. The Land Planning and Development (Fees) (Amendment) Regulations, 2017

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1 GUERNSEY STATUTORY INSTRUMENT 2017NO. Q'- r"""=' GREFFE i, i 5#a%??-'iuNi ROYAL COUR'T 2 6 :.1AY 2017 GUERNSEY g? The Land Panning and Deveopment (Fees) (Amendment) Reguations, 2017 Made Coming 'mto operation Laid before the States /'.+?? May,2017 1?' Juy, 2017,2017 THE DEVELOPMENT & PLANNING AUTHORITY, in exercise of the powers conferred on it by section 12 of the Land Panning and Deveopment (Fees and Commencement) Ordinance, 2008a and section 89 of the Land Panning and Deveopment (Guernsey) Law, 2005b and of a other powers enabing it in that behaf, hereby makes the foowing Reguations:- Amendment of the rdinance. 1. (1) The Land Panning and Deveopment (Fees and Commencement) Ordinance, 2008 ("the rdinance") is amended as foows. a Recuei d'ordonnances Tome XXXIII, p. 171 as amended by Ordinance No. XVIII of 2011 and No. IX of 2016; G.S.I. Nos. 6 of 2010, 11 and 47 of 2012 and No. 15 of b o Order in Counci No. XVI of 2005 to which there are amendments not reevant to these Reguations. 1

2 (2) For Part I of Schedue 2 to the rdinance (reating to fees to accompany a deposit of pans under the buiding reguations) substitute the Part I set out in the Schedue to these Reguations. (3) In Part II of Schedue 2 to the rdinance (notes to tabe) - (a) in paragraph 5(2) (category 2) for "category 2A and B" substitute " categories 2A to 2C", and (b) in paragraph 6 (categories 2 and 3), for "2A, 2B" substitute "2A to 2C". Interpretation. 2. (1) In these Reguations, "the rdinance" means the Land Panning and Deveopment (Fees and Commencement) Ordinance, 2008 and, uness the context requires otherwise, other terms have the same meaning as in the 2008 Ordinance. (2) The Interpretation (Guernsey) Law, 1948c appies to the interpretation of these Reguations. (3) Any reference in these Reguations to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or appied. Appication of new fees. 3. (1) For the avoidance of doubt, the new fees substituted by these c Ordres e Consei Vo. XIII, p

3 Reguations appy, in accordance with section 3 of the rdinance, in reation to a deposit of fu pans under the buiding reguations, made on or after the 1' Juy, (2) For the avoidance of doubt, the new fees substituted by these Reguations appy, in accordance with section 4C of the rdinance, in reation to an appea to an Adjudicator - (a) to which Part IIA of the rdinance appies, and (b) where the fee is required to be cacuated under section 4C(2) of the rdinance as if the appea were made on or after 1"' Juy, Citation and commencement. 4. These Reguations may be cited as the Land Pan?ning and Ieveopment (Fees) (Amendment) Reguations, 2017 and sha come into force on the 1"' Juy, T'u Dated thp(, day of May, 2017 fiq,46 (.(% JLo Deputy J A B Goop President of the Deveopment & Panning Authority For and on behaf of the Authority 3

4 SCHEDULE Reguation 1(2) FEES TO ACCOMPANY DEPOSITING OF FULL PLANS UNDER THE BUILDING REGULATIONS "PARTI Fee payabe. 1. The fee payabe is to be cacuated in accordance with the Tabe beow and the notes in Part II. TABLE OF FEES CATEGORY i BUII,DING WORK OR MATERJAt CHANGE OF USE TO WHICH FULL PLANS RELATE FEE ( ) 1. The creation of a dweing (whether by its erection or by a materia change of use) incuding - (a) any detached garage or parking area which is for purposes anciary to the enjoyment of the dweing as such, and r F A B c D (b) any other associated buiding work. Ifor each f-at created up to and incuding 20 for each additiona fat created up to and incuding 40 Ifor each additiona fat created over 40 for each dweing-house created, with a foor area of ess than E 250 square metres, up to and incuding 20 for each dweing-house created, with a foor area of for the first 250 4

5 square metres or more, up to and incuding 20 square metres am d 2.50 for each additiona square metre and for any additiona part remaining of ess than one square metr(2 F for each additiona dweing-house created up to and 700 r 2. G incuding 40 for each add!tiona dweing-house created over 40 The extension of or other ateration to a dweing, not 410 faing within category 1, and other specified buiding work in reation to a dweing and any associated buiding work. A for the extension of a dweing, not faing within sub- 415 category D, E or L of this category, by ess than 20 square metres in foor area B for the extension of a dweing, not faing within sub- 700 category D, E or L of this category, by 20 square metres or more but ess than 50 square metres in foor area c for the extension of a dweing, not faing within sub- 850 category D, E or L of this category, by 50 square metres or more in foor area D for the extension of a dweing by the conversion of an 475 existing basement or cear area or existing oft or roofspace to form habitabe accommodation E for the extension of a dweing by the conversion of an 475 existing integra or non-integra garage to form habitabe s

6 accommodation f 1 F for the erection of or an extension to a garage, shed, garden 140 room or garden store (which in each case is predominanty for purposes anciary to the enjoyment of a dweing as such) of ess than 20 square metres in foor area G for the erection of or extension to a garage, shed, garden room 275 or garden store (which in each case is predominanty for purposes anciary to the enjoyment of a dweing as such) of 20 square metres or more in foor area H for an ateration to a dweing, other than an ateration faing 75 within any other sub-category to this category, where the estimated cost of the buiding work is ess than f:,000 I for an ateration to a dweing, other than an ateration faing 160 within any other sub-category to this category, where the estimated cost of the buiding work is at Ieast 1,000 but not more than E5,000 J for an ateration to a dweing, other than an ateration faing 270 within any other sub-category to this category, where the estimated cost of the buiding work is at east 5,000 but no more than 20,000 K for an ateration to a dweing, other than an ateration faing 605 within any other sub-category to this category, where the estimated cost of the buiding work is more than E20,000 L for the erection of a conservatory or a sun ounge 145 M for the repacement of existing windows or externa doors 75 within an existing aperture, for any number of such windows r N or externa doors for the erection of domestic stabes of up to and incuding

7 F 3. square metres in foor area Buiding work or a materia change of use - (a) not faing within category 1 or 2, for the erection of or extension to a buiding for purposes anciary to the enjoyment of a dweing as such, and (b) other than in reation to a dweing, and any associated buiding work. A for the erection of or an extension to an agricutura buiding, other than a gasshouse, of ess tha?n 10 square metres in foor 75 area B c D E for the erection of or an extension to an agricutura buiding, other than a gasshouse, of 10 square metres or more but ess than 100 square metres in foor area for the erection of or an extension to an agricutura buiding, other than a gasshouse, of 100 square metres or more but ess than 250 square metres in foor area for the erection of or an extension to an agricutura buiding, other than a gasshouse, of 250 square metres or more in foor area, for each 250 square metres and for any additiona part remaining of ess than 250 square metres for the extension of a buiding by the instaation of a mezzanine foor F for the erection of or an extension to a buiding, other than an i 16 for each square erection or extension faing within any other sub-category to i metre up to and 7

8 this Tabe, for purposes other than storage, for each square metre of foor area incuding 100 square metres and 8 for each additiona square metre and for any additiona part remaining of ess than one square metre G for the erection of or an extension to a buiding, other than an i 10 for each square erection or extension faing within any other sub-category to i metre up to and this Tabe, for storage purposes, for each square metre of foor i incuding 100 area square metres and s for each additiona square metre and for any additiona part remaining of ess than one square H I for the ateration of a buiding, other than an ateration faing within any other sub-category to this Tabe, where the estimated cost of the buiding work is ess than :E10,000 for the ateration of a buiding, other than an ateration faing within any other sub-category to this Tabe, where the estimated cost of the buiding work is 10,000 or more but ess than 50,000 metre

9 J K L for the ateration of a buiding, other than an ateration faing within any other sub-category to this Tabe, where the estimated cost of the buiding work is 50,000 or more but ess than 100,000 for the ateration of a buiding, other than an ateration faing within any other sub-category to this Tabe, where the estimated cost of the buiding work is 100,000 or more for the materia change of use of a buiding other than to use as a dweing 765 1, The carrying out of specified buiding work not carried out as part of any buiding work faing within any other category to this Tabe. A for the provision or ateration of a drainage system incuding 130 the instaation of a cesspit, for each such drainage system B for the provision or ateration of a controed service or fitting 100 not faing within any other sub-category to this category, for c D each such controed service or fitting for the erection of a retaining wa, for each such 'vja for buiding work invoving the underpinning of a buiding, for each buiding underpinned E for the repacement or ateration of a shop front, for each shop 210 front F for the erection of a garden or boundary wa, for each such 130 wa G for the instaation of a swimming-poo (incuding any pant 130 room, poo room or other room required in reation to such r H swimming poo) or a reservoir, for each such poo or reservoir for the erection of or extension to a gasshouse, for each-sj 130 9

10 extension or gasshouse - (a) of ess than 500 square metres, or (b) of 500 square metres or more, for each 500 square metres and for any additiona part remaining of ess than 500 square I metres for the construction of a road, for each such road (a) of ess than 250 square metres, or (b) of 250 square metres of more, for each 250 square metres and any additiona part J K L remaining of ess than 250 square metres for the renovation of a therma eement for the demoition of any buiding for the fitting out of a shop or office - I (a) of ess than 500 square metres in foor area, or (b) of 500 square metres or more in foor area, for each 500 square metres and for any additiona part remaining of ess than 500 square metres 10

11 EXPLANATORY NOTE (This note is not part of the Reguations) These Reguations amend the Land Panning and Deveopment (Fees and Commencement) Ordinance, 2008 ("the rdinance"). They repace the Tabe of Fees in Part I of Schedue 2 of the rdinance, which sets out the fees to accompany a deposit of fu pans made under the Buiding (Guernsey) Reguations, 2012 (the Buiding Reguations) with the Tabe of Fees set out in the S*edue 1 to these Reguations. The changes made to Schedue 2 are - * a new category IE (dweings) to provide for an additiona fee for arge dweing-houses of E2.50 for each square metre over 250 square metres in foor area; * amendments to category 2 (extension or other aterations to dweings) - o to spit existing category 2B in two with a higher fee of E850 for arger extensions of 50 square metres or more in foor area (new category 2C); and o to amagamate previous, simiar categories 2C and D into a new category 2D; * consequentia amendments to paragraphs 5(2) and 6 to the notes in Part II of the Schedue to refect the minor changes to fee categories (see reguation 1(3) of these Reguations); 11

12 * amendments to category 3F (in reation to the erection or extension of a buiding other than a dweing, for non-storage purposes, not faing within another sub-category to the Tabe of Fees), to change the fee from 14 for each square metre of foor area to E16 for each square metre of foor area up to 100 square metres and of 8 for each square metre over 100 square metres; and amendments to category 3G (in reation to the erection or extension of a buiding other than a dweing, for storage purposes, not faing within another sub-category to the Tabe of Fees), to change the fee from E9 for each square metre of foor area to 10 for each square metre of foor area up to 100 square metres and of E5 for each square metre over 100 square metres. The new fees wi appy to a deposit of fu pans made under the Buiding Reguations, made on or after a' Juy, 2017 (see reguation 3(1) of these Reguations). In accordance with section 4C of the rdinance, the new fees aso appy in reation to an appea to an Adjudicator against a rejection of fu pans under the Buiding Reguations, for which a fee is payabe under the rdinance. They wi appy where the appea fee is required to be cacuated, under section 4C(2) of the rdinance, as if the appea were made on or after 1" Juy, 2017 (see reguation 3(2) of these Reguations). These Reguations come into force on the 1st Juy,