The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022

PART 2 S Modified fees

Applications by community councils S

7.  Where the application is made by a community council established under section 51 of the Local Government (Scotland) Act 1973(1), the amount of the fee payable in respect of the application is reduced by one half.

Commencement Information

I1 Sch. 1 para. 7 in force at 1.4.2022, see reg. 1(1)

Applications in conservation areas S

8.—(1) Where all the conditions in sub-paragraph (2) are satisfied, the amount of fee payable in respect of an application is reduced by one quarter.

(2) The conditions are—

(a) the application relates solely to—

(i) the carrying out of operations for the alteration of a dwellinghouse (but not including the extension of or the erection of a dwellinghouse), or

(ii) other operations within the curtilage of a dwellinghouse (but not including the extension of or the erection of a dwellinghouse),

(b) the dwellinghouse is in a conservation area,

(c) the application relates solely to development within one or more of the classes specified in schedule 1 of the General Permitted Development Order, and

(d) the only reason planning permission is not granted by article 3(1) of the General Permitted Development Order is that the development would be in a conservation area.

Commencement Information

I2 Sch. 1 para. 8 in force at 1.4.2022, see reg. 1(1)

Applications for the provision of facilities for sport or recreation S

9.—(1) Where an application is made by or for a club, society, trust or other organisation which is not established or conducted for profit and whose objects or purposes, as the case may be, are the provision of facilities for sport or recreation, and the conditions specified in sub-paragraph (2) are satisfied, the fee payable is £600.

(2) The conditions are—

(a) that the application relates to—

(i) the making of a material change in the use of land to use the land as a playing field, or

(ii) the carrying out of operations other than the erection of a building containing floor space, for purposes ancillary to the use of the land as a playing field,

and to no other development, and

(b) that the planning authority is satisfied that the development is to be carried out on land which is, or is intended to be used wholly or mainly for the carrying out of the objects or purposes, as the case may be, of the club, society, trust or organisation.

Commencement Information

I3 Sch. 1 para. 9 in force at 1.4.2022, see reg. 1(1)

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

10.—(1) This paragraph applies where—

(a) an application is made for 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 planning permission in principle (“the current application”), and

(b) the applicant has previously made one or more applications for approval, consent or agreement required by a condition imposed on the grant of that same planning permission in principle and paid the fee in relation to such application or applications.

(2) Where the amount paid as mentioned in sub-paragraph (1)(b) is not less than the amount which would be payable if the applicant were by the current application seeking 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 in relation to the whole of the development authorised by the permission, the fee payable in respect of the current application is £500.

(3) Where—

(a) a fee has been paid as mentioned in sub-paragraph (1)(b) at a rate lower than that prevailing at the date of the current application, and

(b) sub-paragraph (2) would apply if that fee had been paid at the rate applying at that date,

the fee in respect of the current application is £500.

Commencement Information

I4 Sch. 1 para. 10 in force at 1.4.2022, see reg. 1(1)

Cross boundary applications – allocation of fee S

11.—(1) Where this paragraph applies the fee payable to the planning authority for an application is calculated and payable in accordance with sub-paragraphs (2) to (4).

(2) This paragraph applies where applications are made for—

(a) planning permission, or

(b) the approval, consent, or agreement required by a condition imposed on a grant of permission in principle,

in respect of development of land lying in the areas of 2 or more planning authorities.

(3) The total fee payable in respect of all the applications is the lesser of—

(a) one and a half times the amount of the fee which would have been payable for an application in respect of the same development but lying in the area of a single planning authority,

(b) the sum of the amounts of the fees which would have been payable in respect of all the applications.

(4) The fee payable to a planning authority in respect of an application is the proportion of the total fee payable equal to the proportion of the total site area of the development which falls within the area of that planning authority.

Commencement Information

I5 Sch. 1 para. 11 in force at 1.4.2022, see reg. 1(1)

[F1 Alternative proposals S

12.— (1) Where two or more applications for planning permission are made on the same date and by the same applicant and in respect of two or more proposals for the development of the same land, a single fee calculated in accordance with sub-paragraph (3) is payable in respect of the applications.

(2) Where two or more applications are made for approval, consent or agreement required by the same condition imposed on a grant of planning permission in principle, and both applications are made on the same date and by the same applicant, a single fee calculated in accordance with sub-paragraph (3) is payable in respect of the applications.

(3) Calculations are to be made, in accordance with table 1 of this schedule, of the fee appropriate to each of the applications and the single fee payable in respect of both applications is the sum of—

(a) an amount equal to the highest fee calculated in respect of each of the applications, and

(b) an amount calculated by adding together the fees appropriate to all of the applications, other than the amount referred to in head (a) and dividing that total by 2.]

Textual Amendments

F1 Sch. 1 para. 12 inserted (30.6.2022) by The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/190), regs. 1, 3(b)

(1)

1973 c. 65. Section 51 was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180 and schedule 14.