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

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Refunds of fees for deemed applications

11.—(1) In the case of an application deemed to have been made by virtue of section 133 (7) of the 1997 Act, the amount of any fee paid in respect of the deemed application shall be refunded to the appellant in the following circumstances–

(a)where the Scottish Ministers decline jurisdiction on the relevant appeal under section 130 of the 1997 Act on the grounds that it does not comply with one or more of the requirements of subsection (1) of that section;

(b)where the Scottish Ministers under section 132(3) of the 1997 Act–

(i)dismiss the appeal on the grounds that the appellant has failed to comply with section 130(3) within the time prescribed under section 131(1); or

(ii)allow the appeal and quash the enforcement notice on the grounds that the planning authority failed to comply with any requirement imposed by virtue of paragraph (b), (c) or (e) of section 131(1);

(c)where the planning authority withdraws the relevant enforcement notice before it takes effect or if the Scottish Ministers consider that there was no subject matter to appeal against since the purposed enforcement notice had no legal effect; and

(d)save in the case of an application deemed to have been made in connection with an enforcement notice alleging a breach of planning control by the use of land as a caravan site or where, on the determination of the appeal, the Scottish Ministers issue a certificate under section 150(1) or section 151 of the 1997 Act in accordance with section 154(3) of that Act, where the Scottish Ministers allow the appeal against the relevant enforcement notice on any of the grounds set out in section 130(1)(b) to (g) of the 1997 Act.

(2) (a) In the event of the relevant appeal under section 130 or section 154 of the 1997 Act being withdrawn with the result that there are at least 21 days between the date of withdrawal and–

(i)the date or, in the event of postponement, the latest date appointed for the holding of an inquiry into that appeal; or

(ii)in the case of an appeal which is being dealt with by way of written submissions, the date or, in the event of postponement, the latest date appointed for the inspection of the site to which the enforcement notice relates,

any fee paid in respect of the deemed application shall be refunded to the appellant.

(b)For the purposes of this paragraph an appeal shall be treated as being withdrawn on the date on which notice in writing of the withdrawal is received by the Scottish Ministers.

(3) The reference in paragraph (2) to an appeal being dealt with by way of written submissions shall be construed as a reference to an appeal in respect of which no local inquiry is to be held under section 265 of the 1997 Act(2).

(1)

Section 150 was modified by S.S.I. 2000/323, regulation 7(5).

(2)

Section 265 applied by the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10), sections 36, 40(2) (with sections 9(3), 10(5), 38(6)).

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