The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1997

Fees for applications for certificates of lawful use or development

12.—(1) Subject to paragraphs (2), (3) and (4), where an application is made to a planning authority under section 90 or 90A (certificate of lawful use or development) of the 1972 Act a fee shall be paid to that authority.

(2) This regulation shall not apply where the planning authority to whom the application is made are satisfied that it relates solely to the carrying out of operations specified in regulation 4 for the purposes specified in that regulation.

(3) Where all of the conditions set out in paragraph (4) are satisfied, this regulation shall not apply to–

(a) an application which is made following the withdrawal (before notice of decision was issued) of an application made by or on behalf of the same applicant;

(b) an application which is made following the refusal of an application (whether by the planning authority or the Secretary of State on appeal) made by or on behalf of the same applicant.

(4) The conditions referred to in paragraph (3) are–

(a) that the application is made within 12 months of–

(i) the date when the earlier application was made, in the case of a withdrawn application; or

(ii) the date of refusal, in any other case;

(b) that 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) that the planning authority to whom the application is made are 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) that the fee payable in respect of the earlier application was paid; and

(e) that 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 this regulation by paragraph (3).

(5) Subject to paragraphs (6) to (10), the fee payable in respect of an application to which this regulation applies shall be–

(a) in the case of an application under section 90(1)(a) or (b) (or under both paragraphs), the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be);

(b) in the case of an application under section 90(1)(c), £90, and on or after 1 October 1997, £95;

(c) in the case of an application under section 90A(1), half the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be).

(6) Where a use specified in an application under section 90(1)(a) is use as one or more separate dwellinghouses, the fee payable in respect of that use shall be £180 for each dwellinghouse, subject to a maximum of £9,000, and on or after 1st October 1997, shall be £190 for each dwellinghouse, subject to a maximum of £9,500.

(7) Where an application is made under section 90(1)(a) or (b) (or under both paragraphs) and under section 90(1)(c), the fee payable shall be the sum of the fees that would have been payable if there had been an application under section 90(1)(a) or (b) (or under both paragraphs, as the case may be) and a separate application under section 90(1)(c).

(8) In the case of an application which relates to land in the area of 2 or more planning authorities, paragraph 8 of Part II of the Schedule shall apply for the purpose of determining the authority to whom the fee shall be payable and the amount payable as it applies in the case of an application for planning permission which relates to such land.

(9) Where an application is made by or on behalf of a community council, established under section 51 of the Local Government (Scotland) Act 1973(1), the fee payable shall be one-half of the amount that would otherwise be payable in accordance with paragraphs (5) to (8).

(10) The fee due in respect of an application to which this regulation applies shall accompany the application when it is lodged with the planning authority.

(11) Any fee paid pursuant to this regulation shall be refunded if the application is rejected as invalidly made.

(1)

Section 51 of the Local Government (Scotland) Act 1973 (c. 65) was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 14.