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The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004

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Fees for deemed applications

10.—(1) Subject to paragraphs (3) and (6), a fee shall be paid to the Scottish Ministers where an application for planning permission is deemed to have been made by virtue of section 133(7) of the 1997 Act (in consequence of an appeal against an enforcement notice).

(2) Subject to paragraphs (3) and (4) and regulation 15(2), the fee payable in respect of a deemed application shall be calculated in accordance with the Schedule.

(3) This paragraph applies where an application is deemed to have been made by virtue of section 133(7) of the 1997 Act. Where this paragraph applies–

(a)a fee shall be paid in respect of the application by every person who has made a valid appeal against the relevant enforcement notice;

(b)the fee payable shall be twice the fee calculated in accordance with the Schedule;

(c)half the fee shall be paid to the Scottish Ministers and the other half shall be paid to the planning authority which served the relevant enforcement notice.

(4) The fee due in respect of a deemed application shall accompany the written notice of the relevant appeal to the Scottish Ministers.

(5) In the case of an application deemed to have been made by virtue of section 133(7) of the 1997 Act, this regulation shall not apply where the person who has appealed against the relevant enforcement notice had–

(a)before the date when the notice was served, made an application to the planning authority for planning permission for the development to which the relevant enforcement notice relates and had paid the fee payable in respect of that application; or

(b)before the date specified in the notice as the date on which the notice is to take effect, made an appeal to the Scottish Ministers under section 47(2) of the 1997 Act,

and at the date when the relevant enforcement notice was served that application or, in the case of an appeal made before the date on which the enforcement notice is to take effect, that appeal, had not been determined.

(6) Regulations 4, 5 and 6 shall apply to a deemed application as they apply to an application for planning permission made to the planning authority, with the following modifications–

(a)references to the planning authority to whom the application is made shall be construed as references to the Scottish Ministers; and

(b)references to the development to which the application relates shall be construed as references to the use of land or the operations to which the relevant enforcement notice relates.

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