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

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Fees for applications for certificates of lawful use or development

12.—(1) Subject to paragraphs (2), (3) and (4), where an application is made to a planning authority under section 150(1) (certificate of lawful use or development) or section 151 (certificate of proposed use or development) of the 1997 Act a fee shall be paid to that authority.

(2) This regulation shall not apply where the planning authority to which the application is made is satisfied that it relates solely to the carrying out of operations specified in regulation 4 for the purposes specified in that regulation.

(3) Where all of the conditions set out in paragraph (4) are satisfied, this regulation shall not apply to–

(a)an application which is made following the withdrawal (before notice of decision was issued) of an application made by or on behalf of the same applicant;

(b)an application which is made following the refusal of an application (whether by the planning authority or the Scottish Ministers on appeal) made by or on behalf of the same applicant.

(4) The conditions referred to in paragraph (3) are–

(a)that the application is made within 12 months of–

(i)the date when the earlier application was made, in the case of a withdrawn application; or

(ii)the date of refusal, in any other case;

(b)that the application relates to the same site as that to which the earlier application related, or to part of that site and to no other land;

(c)that the planning authority to which the application is made is satisfied that it relates to a use, operation or other matter of the same description as the use, operation or matter to which the earlier application related and to no other use, operation or matter;

(d)that the fee payable in respect of the earlier application was paid; and

(e)that no application made by or on behalf of the same applicant in relation to the whole or any part of the site has already been exempted from this regulation by paragraph (3).

(5) Subject to paragraphs (6) to (10), the fee payable in respect of an application to which this regulation applies shall be–

(a)in the case of an application under section 150(1)(a) or (b) (or under both paragraphs), the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be);

(b)in the case of an application under section 150(1)(c), £120, and on or after 1st April 2005, £130;

(c)in the case of an application under section 151(1), half the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be).

(6) Where a use specified in an application under section 151(1)(a) is use as one or more separate dwellinghouses, the fee payable in respect of that use shall be £240 for each dwellinghouse, subject to a maximum of £12,000, and on or after 1st April 2005, shall be £260 for each dwellinghouse, subject to a maximum of £13,000.

(7) Where an application is made under section 150(1)(a) or (b) (or under both paragraphs) and under section 150(1)(c), the fee payable shall be the sum of the fees that would have been payable if there had been an application under section 150(1)(a) or (b) (or under both paragraphs, as the case may be) and a separate application under section 150(1)(c).

(8) In the case of an application which relates to land in the area of two or more planning authorities, paragraph 8 of Part II of the Schedule shall apply for the purpose of determining the authority to which the fee shall be payable and the amount payable as it applies in the case of an application for planning permission which relates to such land.

(9) Where an application is made by or on behalf of a community council, the fee payable shall be one-half of the amount that would otherwise be payable in accordance with paragraphs (5) to (8).

(10) The fee due in respect of an application to which this regulation applies shall accompany the application when it is lodged with the planning authority.

(11) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.

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