PART 1Introductory

Citation, commencement and applicationI11

1

These Regulations may be cited as the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 and come into force on 1 April 2022.

2

These Regulations (other than Part 4) apply—

a

to applications made on or after 1 April 2022 for—

i

planning permission,

ii

planning permission in principle,

iii

approval, consent or agreement required by a condition imposed on a grant of planning permission in principle,

iv

a certificate of lawful use or development under section 150 (certificate of lawfulness of existing use or development) or a certificate of proposed use or development under section 151 (certificate of lawfulness of proposed use of development) of the 1997 Act,

v

a determination as to whether the planning authority’s prior approval is required in relation to development under schedule 1 (classes of permitted development) of the General Permitted Development Order,

vi

a consent for the display of advertisements under regulation 15 (how to apply for consent) of the 1984 Regulations,

b

in respect of charges and fees for—

i

carrying out pre-application discussions on or after 1 April 2022,

ii

considering a request made on or after 1 April 2022 to vary a planning permission under section 64 (power to vary planning permission) of the 1997 Act, and

iii

considering a request made on or after 1 April 2022 for written confirmation of compliance with a condition imposed on the grant of planning permission.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.4.2022, see reg. 1(1)

InterpretationI22

In these Regulations—

  • the 1997 Act” means the Town and Country Planning (Scotland) Act 1997,

  • the 1984 Regulations” means the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 19842,

  • the 2004 Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 20043,

  • dwellinghouse” means a building or part of a building which is used as a single private dwellinghouse, and for no other purpose,

  • equipment” and “fish farming” have the same meanings as in section 26(6) of the 1997 Act4,

  • the General Permitted Development Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 19925,

  • marine waters” means the waters described in paragraphs (b) and (c) of subsection (6) of section 26 of the 1997 Act6,

  • planning permission in principle” has the meaning in section 59 of the 1997 Act7,

  • use of land” includes use of land for the winning and working of minerals.