The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1993

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 1990 “the principal Regulations”, which make provision for the payment of fees to planning authorities in respect of—

(1) applications made under Part III of the Town and Country Planning (Scotland) Act 1972 for planning permission for development or for approval of matters reserved by an outline planning permission and in respect of applications for consent for the display of advertisements;

(2) applications for planning permission which are deemed to have been made, by virtue of the provisions of section 85(7) of the 1972 Act, in connection with an appeal against an enforcement notice; and

(3) applications for certificates of lawful use or development made under sections 90 and 90A of the 1972 Act.

The main change is that all fees currently payable under the principal Regulations are increased in two stages. The first is to apply on commencement and the second is to apply on and after 3rd January 1995. Each increase is of approximately 15%. Replacement scales of fees are set out for the period before 3rd January 1995 in the table contained in Schedule 1 and for the period commencing on 3rd January 1995 in the table contained in Schedule 2. These tables are to be included in the Schedule to the principal Regulations.

In addition regulation 12(3), which provides that where an application relates to the display of advertisements on parking metres, litter bins or bus shelters within a specified area, the whole of that area is to be treated as one site, is amended so as to include the display of advertisements on public seating benches.

The concession in paragraphs (6) and (7) of regulation 11A of the principal Regulations which provide a 50% reduction in fees, where an application is made to convert an Established Use Certificate into a Lawful Development Certificate, has been removed with effect from 3rd January 1995.