Part XIIIS Financial Provisions

252 Fees for planning applications etc.S

[F1(1)The Scottish Ministers may by regulations make provision for the payment of a charge or fee to a planning authority in respect of—

(a)the performance by the planning authority of any of the authority's functions,

(b)anything done by the authority which is calculated to facilitate, or is conducive or incidental to, the performance of any such function,

[F2(c)the performance by a person appointed by virtue of a scheme of delegation under section 43A of the person's functions.]

[F3(1ZA)The Scottish Ministers may by regulations make provision for the payment of a charge or fee to the Scottish Ministers in respect of—

(a)the performance by the Scottish Ministers of any of their functions under the planning Acts or any order or regulations made under them,

(b)anything done by the Scottish Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function,

(c)the performance by a person appointed by the Scottish Ministers under paragraph 1 of schedule 4 of the person's functions.]

(1A)[F4Regulations under subsections (1) and (1ZA)] may (any or all)—

(a)specify the person by whom the charge or fee is to be paid,

(b)make provision as to how the charge or fee is to be calculated [F5(including conferring on a planning authority the power to determine how it is to be calculated)],

(c)specify the person by whom the calculation is to be made,

(d)make different provision for different classes of case,

F6(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)[F7provide that a planning authority or the Scottish Ministers may waive or reduce the charge or fee,

(ea)specify circumstances in which a planning authority or the Scottish Ministers are or are not to waive or reduce the charge or fee,]

(f)specify circumstances in which the charge or fee is to be transferred from one planning authority to another.

F8(1AA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(1AB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(1AC)Regulations under subsection (1) may not make provision for the charge or fee payable to different planning authorities to be of different amounts on the basis of whether the functions of the authority are not being, or have not been, performed satisfactorily.]

(1B)Without prejudice to the generality of paragraph (d) of subsection (1A), in relation to applications for planning permission, different provision may be made under that paragraph according to whether an application is made before or after the carrying out of the development to which it relates.]

[F10(1C)The power to make provision such as mentioned in subsection (1A)(e) and (ea) includes the power to specify the steps a planning authority are to take before or after waiving or reducing the charge or fee.

(1D)Regulations under subsections (1) and (1ZA) may provide for a surcharge to be imposed in relation to an application for planning permission made after the carrying out of the development to which it relates but those regulations may not provide for the imposition of a surcharge greater than the fee that would be payable otherwise in relation to the application.

(1E)Without prejudice to the generality of paragraphs (e) and (ea) of subsection (1A), in relation to applications for planning permission, provision may be made under those paragraphs for fees and charges to be waived where the application is for a development that, in the opinion of the planning authority—

(a)has the primary purpose of contributing to a social enterprise or not for profit enterprise,

(b)is likely to contribute to improving the health of residents of the area to which the application relates.

(1F)For the purposes of subsection (1E)—

  • “not for profit enterprise” means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society,

  • “social enterprise” means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which—

    (a)

    generates most of its income through business or trade,

    (b)

    reinvests most of its profits in its social objects,

    (c)

    is independent of any public authority, and

    (d)

    is owned, controlled and managed in a way that is consistent with its social objects.]

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(3)Regulations under—

(a)[F13subsections (1) and (1ZA)], may provide for the remission or refunding of a prescribed charge or fee,

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(in whole or in part) in prescribed circumstances.]

[F12(4)Without prejudice to the generality of subsection (3), circumstances prescribed under that subsection may include those where the Scottish Ministers consider (or a person appointed by them under or by virtue of this Act considers) that in the performance or actings in respect of which the charge or fee is payable—

(a)the planning authority have behaved unreasonably, or

(b)there has been unreasonable delay.]

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where a charge or fee is calculated in pursuance of [F16regulations under subsection (1A) or (1ZA), the planning authority or, as the case may be, the Scottish Ministers] must secure that, taking one financial year with another, the income from the fee or charge does not exceed the cost of the performance of the function or, as the case may be, of the doing of the thing.

(8)A financial year is a period of 12 months beginning with 1 April.

[F17(9)Subsection (7) does not apply in relation to surcharges imposed by virtue of subsection (1D).]

Textual Amendments

F1S. 252(1)-(1B) substituted for s. 252(1) (14.5.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 31(a), 59(2); S.S.I. 2009/179, art. 2

F4Words in s. 252(1A) substituted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 41(4), 63(2); S.S.I. 2019/385, reg. 2

F5Words in s. 252(1A)(b) inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 41(5), 63(2); S.S.I. 2019/385, reg. 2

F7S. 252(1A)(e)(ea) substituted for s. 252(1A)(e) (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 41(7), 63(2); S.S.I. 2019/385, reg. 2

F12S. 252(3)-(8) substituted for s. 252(3)-(5) (14.5.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 31(b), 59(2); S.S.I. 2009/179, art. 2

F13Words in s. 252(3)(a) substituted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 41(12)(a), 63(2); S.S.I. 2019/385, reg. 2

F16Words in s. 252(7) substituted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 41(13), 63(2); S.S.I. 2019/385, reg. 2

Modifications etc. (not altering text)

C1S. 252 applied (27.5.1997) by 1997 c. 10, ss. 29(3), 40(2) (with ss. 9(3), 10(5), 31, 38(6))