Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources