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

Discretion to charge fees

4.—(1) Subject to paragraphs (3) to (6), a planning authority may charge a fee for a service specified in paragraph (2) related to the carrying out of their functions.

(2) The services are—

(a) carrying out pre-application discussions,

(b) considering a request to vary a planning permission under section 64 of the 1997 Act, and

(c) considering a request for written confirmation of compliance with a condition imposed on the grant of planning permission.

(3) Where a request is made to a planning authority to vary a planning permission under section 64 of the 1997 Act the fee payable to that planning authority is £200 for each request.

(4) Where a request is made to a planning authority for written confirmation of compliance with a condition imposed on the grant of planning permission the fee payable to that planning authority is £100 for each request.

(5) A planning authority may only charge fees for pre-application discussions after the publication of information setting out—

(a) for which services a fee is to be charged,

(b) how fees are to be calculated for those services, and

(c) under what circumstances the planning authority may waive or reduce that fee.

(6) The information published by a planning authority under paragraph (5) must be published on the planning authority’s website.