East Anglia ONE Offshore Windfarm
The query related to whether it was possible to pay one fee for the examination and get a refund of any overspend.
At our meeting you enquired as to whether it was possible to pay one fee for the examination and get a refund of any overspend. I have now spoken to our legal team and as I thought, this is not possible. I have set out the reasons for this below.
1. The Fees Regulations provide for a two stage process, under Regulations 8 and 9, for the charging of fees for handling the examination of an application. The first being an estimated fee, and the second a final fee. There is no express provision for different arrangements to be adopted on a case by case basis.
2. There is no express provision under the Fees Regulations or otherwise for the refund of fees that have been paid. There is also no express power to charge more than the prescribed daily rates under Regulations 8 and 9.
There are no proposals to amend the Fees Regulations in relation to either of these provisions.
Apologies for any inconvenience caused.