b'Chapter 15 Planning Functions Recovery of costs outside planning regime 15.1 Lord Lowrys judgment in the Richmond case (see Chapter 2) for a while, effectively prohibited councils from seeking to recover a contribution towards their expenses incurred in negotiations with developers prior to the submission of a planning application. Section 93 of the LGA 2003 and section 3 of the Localism Act 2011 permit cost recovery charging for any discretionary service falling outside of the regulated planning regime. In addition, there are now specific charging powers for planning related activity contained in section 303 of the Town and Country Planning Act 1990 (as amended by the Planning Act 2008 and the Planning and Compulsory Purchase Act 2004). The relevant (amended) provisions are as follows: 303(1) The appropriate authority may by regulations make provision for the payment of a charge or fee to a local planning authority in respect of (a)the performance by the local planning authority of any function they have; (b)anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function. The appropriate authority is the Secretary of State in England and the National Assembly of Wales in Wales. In addition, section 303(10) states such charges must be calculated on a cost recovery basis: If a local planning authority calculates the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of performing the function or doing the thing (as the case may be). Current statutory instruments made under this legislation comprise the following subordinate legislation: Town and Country Planning (Fees for Applications and Deemed Applications) 1989 (SI1989/193) and the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2002 (SI 2002/1876), as amended by SI 2006/1052 and the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (Wales) Regulations 2009 (SI 2009/851) in respect of Wales. Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (SI 2012/2920), as amended by SI 2013/2153 and SI 2014/2026 and SI 2014/357 in respect of England.151'