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Local Government, Planning and Land Act 1980, Section 87 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Secretary of State may by regulations make such provision as he thinks fit for the payment of a fee of the prescribed amount to F2. . . a planning authority in Scotland in respect of an application made to them under the planning enactments for any permission, consent, approval, determination or certificate.
(2)Regulations under subsection (1) above may provide for the transfer—
(a)
F3(b)of prescribed fees received in respect of any application or class of applications by a district planning authority in Scotland to a regional planning authority where the regional planning authority have exercised the powers conferred upon them by section 179(1) of the M1Local Government (Scotland) Act 1973.
(3)The Secretary of State may by regulations make such provision as he thinks fit for the payments
[F4(a)of fees of prescribed amounts to him and to the planning authority in respect of any application for planning permission deemed to be made under subsection (7) of section 85 (appeals against enforcement notice) of the M2Town and Country Planning (Scotland) Act 1972; and
(b)of a fee of the prescribed amount to him in respect of any other]]
application for planning permission which is deemed to be made to him under the planning enactments
(4)Regulations under subsection (1) or (3) above may provide for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances.
(5)Regulations under subsection (1) or (3) of this section shall be made by statutory instrument.
(6)No such regulations shall be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
(7)Any sum paid to the Secretary of State under this section shall be paid into the Consolidated Fund.
(8)In this section “the planning enactments” means—
(a)
F3(b)in Scotland, the M3Town and Country Planning (Scotland) Act 1972 and orders and regulations made under it,
and “prescribed” means prescribed by regulations under subsection (1) or (3) of this section.
Textual Amendments
F1S. 87 repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III
F2Words repealed (S.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III
F3S. 87(2)(a), (8)(a) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III
F4S. 87(3)(a)(b) substituted (13.10.1991) for words in s. 87(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para.45 (with s. 84(5)); S.I. 1991/2272, art.2(b)
Marginal Citations
M11973 c. 65 (81:2)
M31972 c. 52 (123:1, 2).
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