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

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5.—(1) Regulation 3 shall not apply where the planning authority to which the application is made is satisfied–

(a)(i)that the application relates solely to development which is within one or more of the classes, other than Class 18, specified in Schedule 1 to the General Permitted Development Order; and

(ii)that the permission granted by article 3 of that Order does not apply in respect of that development by reason of and only by reason of–

(aa)a direction made under article 4 of that Order which is in force on the date when the application is made; or

(bb)the requirements of a condition imposed on a permission granted or deemed to be granted under Part III of the 1997 Act otherwise than by that Order; or

(b)that the application relates to development on land used for the purposes of agriculture, other than dwellinghouses or the buildings excluded by virtue of paragraph (2)(d) of Class 18 in Schedule 1 to the General Permitted Development Order from that class, and the development is to be used for purposes incidental to that use.

(2) The reference in paragraph (1)(a)(i) to an application which relates to development which is within one or more of the classes specified in Schedule 1 to the General Permitted Development Order shall include an application for planning permission for the continuance of a use of land, or the retention of buildings or works, without compliance with a condition subject to which a previous planning permission has been granted, and which prohibits or limits the carrying out of any development which is within one or more of the said classes.

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