The Town and Country Planning (Fees for Appeals) (Scotland) Amendment Regulations 2025

This SSI has been printed to correct an error in S.S.I. 2025/124 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2025 No. 166

Town And Country Planning

The Town and Country Planning (Fees for Appeals) (Scotland) Amendment Regulations 2025

Made

at 2.50 p.m. on 29th May 2025

Laid before the Scottish Parliament

at 4.30 p.m. on 29th May 2025

Coming into force

8th June 2025

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

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Fees for Appeals) (Scotland) Amendment Regulations 2025 and come into force on 8 June 2025.

Amendment of the Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025

2.—(1) The Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025(2) are amended as follows.

(2) In regulations 1(2)(c) (citation, commencement and application) and 3(2) (payment of fees), for “section 154” substitute “section 154(1)(a)”.

(3) In regulation 10(2) (amendment of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 and saving provision) in new regulation 55A (fees for appeals) to be inserted into the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015(3) for “(5)” substitute “(3)”.

(4) In the schedule (calculation of fees), in Part 3 (tables of fees), in Table 3 (fees for appeals in respect of applications for a certificate of lawful use or development under section 150 or a certificate of proposed use or development under section 151 of the Act), in the entries in column 2, in both paragraphs 1 and 3 after “in respect of” insert “an appeal in respect of”.

IVAN McKEE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

At 2.50 p.m. on 29th May 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025 (“the principal instrument”).

Regulation 2(2) amends regulations 1(2)(c) and 3(2) of the principal instrument, by substituting “section 154(1)(a)” for “section 154”. Regulation 2(3) corrects a numbering error in the new regulation 55A to be inserted into the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 by regulation 10 of the principal instrument.

Regulation 2(4) amends Table 3 in Part 3 of the schedule of the principal instrument so that the entries in column 2 applying to paragraphs 1 and 3 apply to an appeal in respect of an application for planning permission.

(1)

1997 c. 8. Section 252 was amended by the Planning etc. (Scotland) Act 2006 (asp 17), section 31 and the schedule, the Regulatory Reform (Scotland) Act 2014 (asp 3), section 55, and the Planning (Scotland) Act 2019 (asp 13), section 41. The functions of the Secretary of State in so far as they are within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2025/124.

(3)

S.S.I. 2015/181 to which there are amendments which are not relevant to these Regulations.