The Planning etc. (Scotland) Act 2006 (Development Management and Appeals) (Saving, Transitional and Consequential Provisions) Order 2009

Amendment of the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004

16.—(1) Subject to paragraph (8), the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 1(2)(a)(ii) (application) for “of reserved matters” substitute “, consent or agreement required by a condition imposed on a grant of planning permission in principle”.

(3) In regulation 2 (interpretation) for the definition of “outline planning permission” and “reserved matters” substitute ““planning permission in principle” has the same meaning as in section 59 of the 1997 Act(2);”.

(4) In regulation 3 (fees for planning applications) for “the approval of reserved matters” substitute “approval, consent or agreement required by a condition imposed on a grant of planning permission in principle”.

(5) In regulation 7 (exceptions)–

(a) in paragraph (a) omit “or” at the end of paragraph (iv) and after paragraph (iv) insert–

“(v) a requirement to review the application for planning permission under section 43A(8)(c) of the 1997 Act (review in default of planning decision); or”; and

(b) for paragraph (b) substitute–

“(b) the giving of approval, consent or agreement in respect of one or more matters requiring such approval, consent or agreement in terms of a condition imposed on a grant of a planning permission in principle following–

(i) the withdrawal before notice of decision was issued of an application for such approval, consent or agreement in respect of the same matters;

(ii) the granting of such an application in respect of the same matters;

(iii) the refusal of such an application in respect of the same matters;

(iv) the making of an appeal to the Scottish Ministers under section 47(2) of the 1997 Act in relation to such an application in respect of the same matters; or

(v) a requirement to review such an application in respect of the same matters under section 43A(8)(c) of the 1997 Act.”.

(6) In regulation 8 (exceptions)–

(a) in paragraph (a)–

(i) in sub-paragraph (ii) for “approval of details of reserved matters” substitute “approval, consent or agreement in terms of a condition imposed on a grant of a planning permission in principle”; and

(ii) for sub-paragraph (iv) substitute–

“(iv) in the case of an application which is made following an appeal under section 47(2) of the 1997 Act or a review under section 43A(8)(c) of the 1997 Act, the expiry of the period prescribed by virtue of section 47(2) or section 43A(8)(c) of the 1997 Act as the case may be;”;

(b) in paragraph (b)–

(i) for “made in outline” in both places where those words occur substitute “an application for planning permission in principle”; and

(ii) for “outline planning permission” substitute “planning permission in principle”; and

(c) in paragraph (d) for “approval of reserved matters” substitute “approval, consent or agreement required by a condition imposed on a grant of planning permission in principle”.

(7) In the Schedule (fees)–

(a) for “approval of reserved matters” in every place where those words occur substitute “approval, consent or agreement required by a condition imposed on a grant of planning permission in principle”;

(b) for “outline planning permission” in every place where those words occur substitute “planning permission in principle”; and

(c) in paragraph 5–

(i) in paragraph (1)(a) for “approval of one or more reserved matters” substitute “approval, consent or agreement in respect of one or more matters requiring such approval, consent or agreement in terms of a condition imposed on a grant of a planning permission in principle”;

(ii) in paragraph (2) for “approval of all matters reserved by the outline permission” substitute “approval, consent or agreement in respect of all the matters requiring such approval, consent or agreement in terms of conditions imposed on a grant of a planning permission in principle”; and

(d) in paragraphs 12(1) and 13 for “outline application” substitute “application for planning permission in principle”.

(8) The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 shall continue to have effect as they did immediately before 3rd August 2009 in respect of any application for approval of reserved matters.

(9) In this article “reserved matters” has the same meaning as in section 59 (outline planning permission) of the Act as it applied immediately before section 21 of the 2006 Act comes into force.

(1)

S.S.I. 2004/219 as amended by S.S.I. 2007/253 and S.S.I. 2007/268.

(2)

Section 59 is amended by section 21(1) of the Planning etc. (Scotland) Act 2006 (asp 17).