Item 11 is the next item on the agenda, which is the Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2020. I call on the Minister for Housing and Local Government to move the motion—Julie James.

Motion NDM7346 Rebecca Evans

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves that the draft The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2020 is made in accordance with the draft laid in the Table Office on 24 June 2020.

Motion moved.

Diolch, Llywydd. I'm very pleased to present these regulations to the Senedd for approval. These regulations make amendments to existing legislation that requires a fee to be paid to the local planning authority upon submission of planning and related applications. The purpose of the fees is for local planning authorities to recover their costs for determining these types of applications.

The current fee levels were previously updated in 2015. Since then, various legislative policy and procedural changes have occurred as well as inflation. As a consequence, the current fee levels are moving local planning authorities further away from cost recovery. However, a balance needs to be struck that will allow local planning authorities to recover more of their costs without discouraging potential applicants from engaging in the planning system by significantly raising fee levels. 

The amendments made by these regulations will increase fees by approximately 20 per cent across the board, with certain exceptions. I believe that this increase strikes the correct balance and benefits both local planning authorities and potential applicants. These regulations also introduce a fee to determine applications for certificates for appropriate alternative development. This is to ensure that local planning authorities are able to cover their costs against the time and resource required to determine such applications that do not currently attract a fee.

I consider that these amendments will benefit all parties involved in the planning application process by enabling local planning authorities to improve their service delivery to applicants by issuing timely and better quality decisions. Diolch. 

I draw Members' attention to my declaration in the Members' interests. The Welsh Conservatives will be abstaining on these regulations. Whilst looking through the explanatory memorandum, I can understand the logic that the Minister has come to a decision over, as these fees have not increased since 2015. To put through a 20 per cent increase in the current climate would seem to be exceptionally harsh when we're looking to encourage small applications to come forward, which would be subject to this increase, especially amongst small builders and maybe individuals looking to put a small extension on their house.

I also note that, from the explanatory memorandum, there's only an expectation that any additional money will be kept within planning departments rather than, obviously, ring-fencing it so any increased income would stay within the department to improve the performance.

Also in the explanatory memorandum, the Minister draws Members' attention to the level of consultation and the responses that have been had, and I note that, of the 59 responses to the consultation about the increase, 41 responses were either from Government agencies or local authorities, and only four were from members of the public. I think this does set a dangerous precedent for other areas of regulated income, such as NRW, who are looking at their fee structure, and to set the benchmark at 20 per cent would seem to be excessive at this moment in time. Although, as Welsh Conservatives, we do accept that there is a cost to planning, and that cost is identified, at the moment, as only being achieved at 60 per cent of 100 per cent cost. But to put a cost increase of 20 per cent at this moment in time would seem excessive and, therefore, as Welsh Conservatives, we'll be abstaining on these regulations.

I've no further speakers. The Minister to respond.

Well, I'd just like to thank Andrew R.T. Davies for his comments. I understand where he's coming from, but the regulations and the fee structure set out therein do seek very much to strike a balance between the need to get applications to come forward and the need for local authorities to be able to cover their costs. And as said in my introductory remarks, this is a 20 per cent increase, but it is the first since 2015, and it doesn't take the local authority to full cost recovery. So, you know, it is a compromise situation between that, and it doesn't increase all fees either.

So, the fees currently prescribed for pre-application services remain the same, for example, and that's largely based on the fact that those fees are based on a more recently established structure and evidence base and are therefore more appropriate. So, we have carefully considered the points that Andrew R.T. Davies makes, and we do think that this is the best structure for the recovery from COVID-19 and for ongoing resource in the planning departments of local authorities in Wales. Diolch.

The proposal is to agree the motion. Does any Member object? There was an objection, and I defer voting until voting time.

Voting deferred until voting time.