Statutory Instruments
TOWN AND COUNTRY PLANNING, SCOTLAND
Made
3rd December 1991
Coming into force
31st December 1991
The Secretary of State in exercise of the powers conferred on him by section 87 of the Local Government, Planning and Land Act 1980(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament:
1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1991.
(2) These Regulations shall come into force on the twenty-eighth day after the date on which they are made.
(3) Any reference in these Regulations–
(a)to “the principal Regulations” shall be construed as a reference to the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1990(2); and
(b)to “the amendment Regulations” shall be construed as a reference to the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1990(3).
(4) These Regulations apply–
(a)where such an application as is referred to in regulation 1(2)(a) (other than a deemed application for planning permission), (b) or (c) of the principal Regulations is made on or after the date on which these Regulations come into force; and
(b)where an application is deemed to have been made by virtue of section 85(7) or section 91(5) of the Town and Country Planning (Scotland) Act 1972(4) in connection with an enforcement notice served, or an application for an established use certificate made, on or after the date on which these Regulations come into force.
(5) These Regulations extend to Scotland only.
2.—(1) The principal Regulations shall be amended in accordance with this regulation.
(2) In regulation 12 of the principal Regulations (fees for applications for consent for advertisements) in paragraph (2) for “£39” there shall be substituted “£46”.
(3) In the Schedule to the principal Regulations–
(a)in paragraphs 4(1), 6(2), 6(3), 10 and 16 for “£77” there shall be substituted “£92”;
(b)in paragraph 7 for “£39” there shall be substituted “£46”;
(c)in paragraph 16 for “£1,925” there shall be substituted “£2,300”; and
(d)for the table there shall be substituted the table set out in the Schedule to these Regulations.
3.—(1) The principal Regulations shall also be amended in accordance with this regulation.
(2) In regulation 10–
(a)in paragraph (1), for “paragraph (6)” substitute “paragraphs (3) and (6)”;
(b)in paragraph (2) for “paragraph (4)” substitute “paragraphs (3) and (4)”;
(c)for paragraph (3) substitute the following paragraph:–
“(3) (a) This paragraph applies where an application is deemed to have been made by virtue of section 85(7) of the 1972 Act;
(b)where this paragraph applies–
(i)a fee shall be paid in respect of the application by every person who has made a valid appeal against the relevant enforcement notice;
(ii)the fee payable shall be twice the fee calculated in accordance with the Schedule;
(iii)half the fee shall be paid to the Secretary of State and the other half shall be paid to the planning authority which served the relevant enforcement notice.”;
(d)in sub-paragraph (4)(ii) for “the Schedule” substitute “paragraph (3)”.
(3) In paragraphs (1) and (3)(a) of regulation 11, omit “by the Secretary of State”.
(4) Paragraph 5 of the Schedule shall be omitted.
4.—(1) Subject to paragraph (2), regulation 2 of the amendment Regulations is hereby revoked.
(2) The regulation referred to in paragraph (1) shall continue to have effect in relation to applications referred to in regulation 1(4)(b) of the amendment Regulations deemed to have been made in connection with an enforcement notice served, or, as the case may be, an application for an established use certificate made, before the date on which these Regulations come into force.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
3rd December 1991
Regulation 2(3)(d)
| 1 | 2 |
|---|---|
| (Category of development) | (Fee payable) |
| I. Operations | |
1. The erection of dwellinghouses (other than development within category 5). | Where the application is for– (a) outline planning permission, £92 for each 0.1 hectare of the site area, subject to a maximum of £2,300; or for one dwellinghouse £92; (b) Other than outline planning permission, £92 for each dwellinghouse to be created by the development, subject to a maximum of £4,600. |
2. The erection of buildings (other than buildings coming within category 1, 3 or 5). | Where the application is for– (a) outline planning permission, £92 for each 0.1 hectare of the site area, subject to a maximum of £2,300; (b) other than outline planning permission– (i) where no floor space is to be created by the development, £46; (ii) where the area of gross floor space to be created by the development does not exceed 40 square metres, £46; (iii) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £92; and (iv) where the area of gross floor space to be created by the development exceeds 75 square metres, £92 for each 75 square metres, subject to a maximum of £4,600. |
3. The erection on land used for the purposes of agriculture, of those buildings excluded by virtue of sub-paragraph (c) in paragraph (1) of class V in Schedule 1 to the General Development Order from that class. | (a)Where the application is for outline planning permission, £92 for each 0.1 hectare of the site area, subject to a maximum of £2,300; (b)In all other cases– (i)where the area of gross floor space to be created by the development does not exceed 465 square metres, nil; (ii)where the area of gross floor space to b e created by the development exceeds 465 square metres but does not exceed 540 square metres, £92; (iii)where the area of gross floor space to be created by the development exceeds 540 square metres, £92 for the first 540 square metres and £92 for each 75 square metres in excess of that figure subject to a maximum of £4,600. |
4. The erection, alteration or replacement of plant or machinery. | £92 for each 0.1 hectare of the site area, subject to a maximum of £4,600. |
5. The enlargement, improvement or other alteration of existing dwellinghouses. | (a)Where the application relates to one dwellinghouse, £46; (b)where the application relates to 2 or more dwellinghouses, £92. |
6.—(a) The carrying out of operations, including the erection of a building, within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such; (b)the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or (c)the construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land. | £46 |
7. The carrying out of any operations connected with exploratory drilling for oil or natural gas. | £92 for each 0.1 hectare of the site area, subject to a maximum of £6,900. |
8. The carrying out of any operations not within categories 1 to 7. | In the case of operations for– (a) the winning and working of minerals, £46 for each 0.1 hectare of the site area, subject to a maximum of £6,900; (b) the winning and working of peat, £46 for each hectare of the site area, subject to a maximum of £690; (c) any other purpose, £46 for each 0.1 hectare of the site area, subject to a maximum of £460. |
| II. Uses of Land | |
9. The change of use of a building to use as one or more separate dwellinghouses. | £92 for each additional dwellinghouse to be created by the development, subject to a maximum of £4,600. |
10—(a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land: or (b)the use of land for the storage of minerals in the open. | £46 for each 0.1 hectare of the site area, subject to a maximum of £6,900. |
11. The making of a material change in the use of a building or land, other than a material change of use within category 9 or 10. | £92 |
12. The continuance of a use of land, or the retention of buildings or works on land, without compliance with a condition subject to which a previous planning permission has been granted, including a condition requiring the discontinuance of the use or the removal of the building or works at the end of a specified period. | £46.” |
(This note is not part of the Regulations)
These Regulations further amend the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1990 (“the principal Regulations”).
The main change is that all fees currently payable under the principal Regulations are increased (by approximately 20%). In addition, the following changes have been made to the fees regime–
(a)the fee payable on a deemed planning application in connection with an appeal against an enforcement notice has been doubled and half has to be paid to the local planning authority, the other half being paid to the Secretary of State; and
(b)the 75% reduction of the fee payable on an application submitted within 28 days of an application for the same development or reserved matters has been withdrawn, so that the standard fee will be payable in respect of both applications.
1980 c. 65; section 87(3) was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 13, paragraph 45.
S.I. 1990/2474.
1972 c. 52; section 85(7) was amended by the Local Government (Scotland) Act 1973 (c. 65), section 172(2) and section 91(5) was amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Schedule 4.