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

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Applications where a surcharge is payable - retrospective applications

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6.—(1) Where, on or after 1 October 2022, an application for planning permission is made after the carrying out of the development to which it relates, a surcharge may be imposed in relation to that application by the planning authority in accordance with this regulation.

(2) The surcharge is to be an amount calculated by the planning authority but the surcharge payable must not exceed one quarter of the level of the fee that would be payable if the application were for planning permission to carry out that development.

(3) A planning authority may only impose a surcharge following the publication of information including—

(a)how the surcharge is calculated, and

(b)under what circumstances the planning authority may impose a surcharge.

(4) The information published by a planning authority under paragraph (3) must be published on the planning authority’s website.

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