Statutory Instrument 1993 No. 3211 (S.310)

The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1993

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© Crown Copyright 1993

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1993 No. 3211 (S.310)

TOWN AND COUNTRY PLANNING, SCOTLAND

The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1993

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 each House of Parliament:

Citation, commencement, interpretation, application and extent
    1.—(1)  These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1993.

    (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 (No.2) Regulations 1992^[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), (bb) or (c) of the principal Regulations or paragraph 7A of the Schedule to the principal Regulations^[4] is made on or after the date on which these Regulations come into force; and
 (b) where an application for planning permission is deemed to have been made by virtue of section 85(7) of the Town and Country Planning (Scotland) Act 1972^[5] in connection with an enforcement notice issued on or after the date on which these Regulations come into force.

    (5)  These Regulations extend to Scotland only.

General increase
    2.—(1)  The principal Regulations shall be amended in accordance with this regulation.

    (2)  In the principal Regulations in relation to fees due in respect of applications or deemed applications made—
 (a) before 3rd January 1995—
 (i) in regulation 11A^[6] paragraphs (5)(b) and (6) for "£51" there shall be substituted "£58" and in paragraph (6) for "£101" there shall be substituted "£116" and for "£5,050" there shall be substituted "£5,800";
 (ii) in regulation 11B(1)^[7] for "£22" there shall be substituted "£25";
 (iii) in regulation 12(2)^[8] for "£51" there shall be substituted "£58";
 (b) on and after 3rd January 1995—
 (i) in regulation 11A paragraph (5)(b) for "£58" there shall be substituted "£67" and in paragraph (6) for "£116" there shall be substituted "£133" and for "£5,800" there shall be substituted "£6,650";
 (ii) in regulation 11B(1) for "£25" there shall be substituted "£29";
 (iii) in regulation 12(2) for "£58" there shall be substituted "£67".

    3.    In the Schedule to the principal Regulations in relation to fees due in respect of applications or deemed applications made—
 (a) before 3rd January 1995—
 (i) in paragraphs 4(1), 6(2), 6(3), 10 and 16^[9] for "£101" there shall be substituted "£116";
 (ii) in paragraph 7^[10] for "£51" there shall be substituted "£58";
 (iii) in paragraph 7A(b)^[11] for "£51" there shall be substituted "£58";
 (iv) in paragraph 16^[12] for "£2,525" there shall be substituted "£2,900"; and
 (v) for the table^[13] there shall be substituted the table set out in Schedule 1 to these Regulations.
 (b) on and after 3rd January 1995—
 (i) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for "£116" there shall be substituted "£133";
 (ii) in paragraph 7 for "£58" there shall be substituted "£67";
 (iii) in paragraph 7A(b) for "£58" there shall be substituted "£67";
 (iv) in paragraph 16 for "£2,900" there shall be substituted "£3,325";
 (v) for the table set out in Schedule 1 to these Regulations there shall be substituted the table set out in Schedule 2 to these Regulations.

Miscellaneous Amendments
    4.—(1)  In regulation 12(3) of the principal Regulations (Fees for applications for consent for advertisements) after the words "litter bins" there shall be inserted the words "public seating benches".

    (2)  With effect on or after 3rd January 1995 in paragraph (6) of regulation 11A of the principal Regulations the words ", or £58 for each dwellinghouse if the use is established," shall be deleted.

Revocations and savings
    5.—(1)  Subject to paragraph (2) of this regulation, regulation 2 of the amendment Regulations is hereby revoked.

    (2)  Regulation 2 of the amendment Regulations shall continue to have effect in relation to applications for planning permission deemed to have been made by virtue of section 85(7) of the Town and Country Planning (Scotland) Act 1972 in connection with an enforcement notice served before the date on which these Regulations come into force.

    (3)  With effect on and after 3rd January 1995 paragraphs (7) and (13) of regulation 11A of the principal Regulations shall be revoked.

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

16th December 1993

[1] 1980 c. 65; section 87(3) was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 13, paragraph 45. back

[2] S.I. 1990/563, amended by S.I. 1990/2474, 1991/2765, 1992/1951 and 1992/3137. back

[3] S.I. 1992/3137. back

[4] Regulation 1(2)(bb) was inserted by regulation 4(1) of S.I. 1992/1951 and paragraph 7A of the Schedule was inserted by regulation 5(a) of S.I. 1992/1951. back

[5] 1972 c. 52 section 85(7) was amended by the Local Government (Scotland) Act 1973 (c. 65) s.172(2) and by the Planning and Compensation Act 1991, Schedule 13, paragraph 20. back

[6] Regulation 11A was inserted by regulation 4(2)(a) of S.I. 1992/1951. back

[7] Regulation 11B was inserted by regulation 4(2)(b) of S.I. 1992/1951. back

[8] Regulation 12 was amended by regulation 2(2) of S.I. 1992/3137. back

[9] Paragraphs 4(1), 6(2), 6(3), 10 and 16 of the Schedule were amended by regulation 2(3)(a) of S.I. 1992/3137. back

[10] Paragraph 7 of the Schedule was amended by regulation 2(3)(b) of S.I. 1992/3137. back

[11] Paragraph 7A(b) of the Schedule was inserted by regulation 5 of S.I. 1992/1951. back

[12] Paragraph 16 of the Schedule was amended by regulation 2(3)(d) of S.I. 1992/3137. back

[13] The table was amended by regulation 2(3)(e) of S.I. 1992/3137. back

Explanatory Note