S.L. 552.13 Art. 21Requests for payment of refunds. Cap. 551. For the meaning as is and Standards, said document. (a) (b) (c) (d)

(1) The applicant may request the Planning Board for a refund of the original fees paid to the Authority:

(a) when the report has not been communicated to the and the applicant within one hundred working perit days from the validation date for development applications falling outside the provisions of Schedule 2; or

(b) when the decision of the Chairperson of the Planning Board or his delegate exceeded forty two working days from the publication of the application for development applications falling within the provisions of Schedule 2: Provided that the above stated periods shall not include any periods of suspension and, or extension required under these regulations.

(2) The request shall be submitted to the Planning Board by not later than thirty days from the expiry of the periods established in sub-regulation (1)(a) and (b), as the case may be. The Planning Board shall determine the request within sixty working days and notify the applicant of its decision.

(3) If the Planning Board accedes to the request, the refunds will be paid at the following rates: Applications in Schedule 1: Euro 500 Applications in Schedule 2: Euro 25

Applications outside Schedules 1 and 2: Euro 100 for every day beyond the one hundred working days, excluding any periods of suspension and, or extension required under these regulations, up to the date of issue of the report or for every day beyond the forty two working days up to the date of the decision, as the case may be: Provided that the refund does not exceed fifty percent of the development planning fee: Provided further that no interest shall be accrued.

(4) When a credit agreement in terms of the regulations relating to fees and fines has been signed, and the Planning Board has acceded to a request for refund made in terms of this regulation, the refund amount due shall be deducted from the balance owed to the Authority as specified in the credit agreement, where such balance exceeds the refund due.

(5) The determination by the Planning Board of a request for refund shall be construed as a decision in terms of article 11(1)(a) of the Environment and Planning Review Tribunal Act from which an appeal may be lodged by the applicant in terms of the same Act. Schedule 1

Major Applications [Regulations 3(1), 4(2), 6(4), 12(1)] purposes of these regulations "gross floor area (gfa)" has the same assigned to it by the Development Control Design Policy, Guidance 2015 or any other document which may from time to time succeed the

Projects which require or may require: • an Environment Impact Assessment • an Appropriate Assessment • a Traffic Impact Statement, or development which falls within a site covered by an approved Development Brief; 2 development with a site area larger than 5,000m ; development which falls within the following:

(i) Residential: ......................... 75 units or more (including old people’s homes)

(ii) Office: ..................2,000 sq.m (gfa~) or more

(iii) Retail (supermarket/restaurant): .... 500 sq.m. (gfa~) or more

(iv) Retail (non-food): 2,000 sq.m. (gfa~) or more

(v) Industry: ............... 4,000 sq.m (gfa~) or more

(vi) Warehousing: ..... 8,000 sq.m. (gfa~) or more

(vii) Schools (new or extensions): new schools with more than three hundred students, or extensions of schools in congested areas, where the number of students will increase by more than one hundred students

(viii) Health/ Day Care:.................... facilities with 2,500 sq m (gfa~) or more

(ix) Hotels/tourist accommodation: sites with two hundred bedrooms and, or major conference facilities;

(x) Sports/entertainment: ................ projects with more than two hundred seating capacity

(xi) Assembly/leisure/wedding halls: ................... 500 sq.m. (gfa~) or more.

Schedule 2

Summary Procedure Applications (Regulation 18)

Development related to existing buildings and development within the curtilage of buildings