The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2013

Scottish Statutory Instruments

2013 No. 105

Town And Country Planning

The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2013

Made

19th March 2013

Coming into force

6th April 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 252 of the Town and Country Planning (Scotland) Act 1997(1) and all other powers enabling them to do so.

In accordance with section 252(6) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2013 and come into force on 6th April 2013.

(2) In these Regulations “the principal Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004(2).

Amendment of the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004

2.—(1) The principal Regulations are amended in accordance with paragraphs (2) to (6).

(2) In regulation 12 (fees for applications for certificates of lawful use or development)—

(a) in paragraph (5)(b) for “£160” substitute “£192”; and

(b) in paragraph (6)—

(i) for “£319” substitute “£382”; and

(ii) for “£15,950” substitute “£19,100”.

(3) In regulation 13(1) (fees for certain applications for the prior approval of the planning authority) for “£61” substitute “£74”.

(4) In regulation 14(2) (fees for applications for consent for advertisements) for “£160” substitute “£192”.

(5) In the Schedule (fees in respect of applications and deemed applications for planning permission or for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle)—

(a) in paragraphs 4(1) and 5(2) and (3)(b) for “£319” substitute “£382”;

(b) in paragraphs 6 and 7(b) for “£160” substitute “£192”; and

(c) in paragraph 14—

(i) for “£319” substitute “£382”; and

(ii) for “£7,975” substitute £9,550”.

(6) For the table in Part III (scale of fees) of the Schedule substitute the table in the Schedule to these Regulations.

Savings

3.  Subject to regulation 3 (savings) of the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment (No. 2) Regulations 2010(3), notwithstanding the amendment of the principal Regulations by regulation 2, the principal Regulations continue to apply in respect of any application or deemed application referred to in regulation 1(2) of the principal Regulations made or deemed to be made before the date on which these Regulations come into force as they did immediately before these Regulations came into force.

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th March 2013

Regulation 2(6)

SCHEDULE

Category of development	Fee payable
I    Operations
1.  Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6).	Where the application is for— (a) planning permission in principle, £382 for each 0.1 hectare of the site area, subject to a maximum of £9,550; or £382 for one dwellinghouse;
	(b) other than planning permission in principle, £382 for each dwellinghouse to be created by the development, subject to a maximum of £19,100.
2.  The erection of buildings (other than buildings coming within category 1, 3, 4 or 6).	Where the application is for— (a) planning permission in principle, £382 for each 0.1 hectare of the site area, subject to a maximum of £9,550;
	(b) other than planning permission in principle—
	(i) where no floor space is to be created by the development or where the area of gross floor space to be created by the development does not exceed 40 square metres, £192;
	(ii) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £382; and
	(iii) where the area of gross floor space to be created by the development exceeds 75 square metres, £382 for each 75 square metres (or part thereof), subject to maximum in total of £19,100.
3.  The erection on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4).	(a) Where the application is for planning permission in principle, £382 for each 0.1 hectare of the site area, subject to a maximum of £9,550;
	(b) in all other cases—
	(i) where the ground area to be covered by the development exceeds 465 square metres but does not exceed 540 square metres, £382;
	(ii) where the ground area to be covered by the development exceeds 540 square metres, £382, and an additional £382 for each 75 square metres (or part thereof) in excess of 540 square metres, subject to a maximum in total of £19,100.
4.  The erection of glasshouses on land used for the purposes of agriculture.	Where the ground area to be covered by the development exceeds 465 square metres, £2,210.
5.  The erection, alteration or replacement of plant or machinery.	£382 for each 0.1 hectare of the site area, subject to a maximum of £19,100.
6.  The enlargement, improvement or other alteration of existing dwellinghouses.	(a) Where the application relates to one dwellinghouse, £192;
	(b) where the application relates to 2 or more dwellinghouses, £382.
7.
(a) The carrying out of operations, including the erection of a building within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such;	£192.
(b) the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or	£192.
(c) the construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.	£192.
8.  The carrying out of any operations connected with the exploratory drilling for oil or natural gas.	£382 for each 0.1 hectare of the site area, subject to a maximum of £28,800.
9.  The placing or assembly of equipment in any part of any marine waters for the purpose of fish farming.	£174 for each 0.1 hectare of the surface area of the marine waters to be used in relation to the placement or assembly of any equipment for the purposes of fish farming and £60 for each 0.1 hectare of the sea bed to be used in relation to such development, subject to a maximum of £17,400.
10.  The carrying out of any operations not coming within any of the above categories.	In the case of operations for— (a) the winning and working of minerals, £192 for each 0.1 hectare of the site area, subject to a maximum of £28,800;
	(b) the winning and working of peat, £192 for each hectare of the site area, subject to a maximum of £2,880;
	(c) any other purpose, £192 for each 0.1 hectare of the site area, subject to a maximum of £1,920.
II    Uses of land
11.  The change of use of a building to use as one or more dwellinghouses.	£382 for each additional dwellinghouse to be created by the development, subject to a maximum of £19,100.
12.
(a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land; or	£192 for each 0.1 hectare of the site area, subject to a maximum of £28,800.
(b) the use of land for the storage of minerals in the open.	£192 for each 0.1 hectare of the site area, subject to a maximum of £28,800.
13.  The making of a material change in the use of a building or land, other than a material change of use within category 11 or 12; or in the use of equipment placed or assembled in marine waters for the purposes of fish farming.	£382.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 (“the principal Regulations”), which make provision for the payment of fees to planning authorities.

The effect of these Regulations is that all fees currently payable under the principal Regulations are increased by approximately 20%. The increase applies from 6th April 2013. A replacement scale of fees is set out in the table in the Schedule to these Regulations.

(1)

1997 c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Section 252 was amended by section 31 of, and Schedule 1 to, the Planning etc. (Scotland) Act 2006 (asp17)

(2)

S.S.I. 2004/219 as amended by S.S.I. 2007/253, 2007/268, 2009/222 and 2010/141 and 280 .

(3)

S.S.I. 2010/280.