The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022

Repeat applications for certificates of lawful use or development or certificates of proposed use or development

13.—(1) This regulation applies to an application for a certificate of lawful use or development under section 150 or a certificate of proposed use or development under section 151 of the 1997 Act made following—

(a) the withdrawal (before notice of decision was issued) of an earlier application made by the same applicant, or

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

(2) No fee is payable under regulation 3 where all the conditions set out in paragraph (3) are met.

(3) The conditions are that—

(a) the application is made within 12 months of the date—

(i) when the earlier application was made, in the case of a withdrawn application, or

(ii) of refusal, in any other case,

(b) 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) 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) the fee payable in respect of the earlier application was paid, and

(e) 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 payment of a fee by virtue of this regulation or regulation 12 of the 2004 Regulations.