The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2002

Scottish Statutory Instruments

2002 No. 122

TOWN AND COUNTRY PLANNING

The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2002

Made

11th March 2002

Coming into force

1st April 2002

The Scottish Ministers, in exercise of the powers conferred by section 252 of the Town and Country Planning (Scotland) Act 1997(1) and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with subsection (4) of the said section 252, been laid before, and approved by resolution of the Scottish Parliament:

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002.

(2) in these Regulations “the principal Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1997(2).

(3) These Regulations apply to–

(a) applications referred to at regulation 1(2)(a) of the principal Regulations which are made on or after the day on which these Regulations come into force; and

(b) deemed applications for planning permission in connection with an enforcement notice issued on or after the day on which these Regulations come into force.

General increase

2.—(1) The principal Regulations shall be amended in accordance with this and the following regulations.

(2) In regulation 12–

(a) in paragraph (5)(b) for “£105” there shall be substituted “£110”; and

(b) in paragraph (6) for the words from “£210” to “£10,500” there shall be substituted “£220 for each dwellinghouse, subject to a maximum of £11,000”.

(3) In regulation 13(1) for “£40” there shall be substituted “£42”.

(4) In regulation 14(2) for “£105” there shall be substituted “£110”.

3.  In the Schedule to the principal Regulations–

(a) in paragraphs 4(1) and 5(2) and (3)(b) for “£210” there shall be substituted “£220”;

(b) in paragraphs 6 and 7(b) for “£105” there shall be substituted “£110”; and

(c) in paragraph 14 for the words from “£210” to “£5,250” there shall be substituted “£220 for each 0.1 hectares of the site area, subject to a maximum of £5,500”.

4.  In place of the Table contained in the Schedule to the principal Regulations there shall be substituted the Table contained in the Schedule to these Regulations.

Savings

5.  These Regulations shall not affect the principal Regulations in so far as they apply to–

(a) any application or deemed application referred to at regulation 1(2)(a) of the principal Regulations made before 1st April 2002;

(b) any deemed application for planning permission in connection with an enforcement notice issued before 1st April 2002.

MARGARET CURRAN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th March 2002

Regulation 4

SCHEDULE

“TABLE

SCALE OF FEES ON AND AFTER 1 APRIL 2002

1	2
(Category of development)	(Fee Payable)
I. Operations
1.  The erection of dwellinghouses (other than development within category 5).	Where the application is for– (a) outline planning permission, £220 for each 0.1 hectare of the site area, subject to a maximum of £5,500; or for one dwellinghouse, £220; (b) other than outline planning permission, £220 for each dwellinghouse to be created by the development, subject to a maximum of £11,000.
2.  The erection of buildings (other than buildings coming within category 1, 3, 4 or 6).	Where the application is for– (a) outline planning permission, £220 for each 0.1 hectare of the site area, subject to a maximum of £5,500; (b) other than outline planning permission– (i) where no floor space is to be created by the development, £110; (ii) where the area of gross floor space to be created by the development does not exceed 40 square metres, £110; (iii) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £220; and (iv) where the area of gross floor space to be created by the development exceeds 75 square metres, £220 for each 75 square metres, subject to a maximum of £11,000.
3.  The erection on land used for the purposes of agriculture, of those works, structures or buildings excluded by virtue of paragraph 2(d) of Class 18 in Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 from that class (other than buildings coming within category 4).	(a) Where the application is for outline planning permission, £220 for each 0.1 hectare of the site area, subject to a maximum of £5,500; (b) in all other cases– (i) where the ground area to be covered by the development exceeds 465 square metres but does not exceed 540 square metres, £220; (ii) where the ground area to be covered by the development exceeds 540 square metres, £220 for the first 540 square metres and £220 for each 75 square metres in excess of that figure, subject to a maximum of £11,000.
4.  The erection on land used for the purposes of agriculture, of glasshouses excluded by virtue of paragraph 2(d) of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.	Where the ground area to be covered by the development exceeds 465 square metres, £1,255.
5.  The erection, alteration or replacement of plant or machinery	£220 for each 0.1 hectare of the site area, subject to a maximum of £11,000.
6.  The enlargement, improvement or other alteration of existing dwellinghouses.	(a) Where the application relates to one dwellinghouse, £110; (b) where the application relates to 2 or more dwellinghouses, £220.
7.—(a) The carrying out of operations, including the erection of a building, within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such; (b) the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or (c) the construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.	£110.
8.  £220 for each 0.1 hectare of the site area, subject to a maximum of £16,500.
9.  The carrying out of any operations not within categories 1 to 8.	In the case of operations for– (a) the winning and working of minerals, £110 for each 0.1 hectare of the site area, subject to a maximum of £16,500; (b) the winning and working of peat, £110 for each hectare of the site area, subject to a maximum of £1,650; (c) any other purpose, £110 for each 0.1 hectare of the site area, subject to a maximum of £1,100.
II. Uses of Land
10.  The change of use of a building to use as one or more separate dwellinghouses.	£220 for each additional dwellinghouse to be created by the development, subject to a maximum of £11,000.
11.—(a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land; or (b) the use of land for the storage of minerals in the open.	£110 for each 0.1 hectare of the site area, subject to a maximum of £16,500.
12.  The making of a material change in the use of a building or land, other than a material change of use within category 10 or 11.	£220.

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 1997 (“the principal Regulations”), as amended by the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2000, which make provision for the payment of fees to planning authorities in respect of–

(a) applications made under Part III of the Town and Country Planning (Scotland) Act 1997 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;

(b) applications for planning permission which are deemed to have been made, by virtue of the provisions of section 133(7) of the 1997 Act, in connection with an appeal against an enforcement notice; and

(c) applications for certificates of lawful use or development made under sections 150(1) and 151(1) of the 1997 Act.

The effect of these Regulations is that all fees currently payable under the principal Regulations as amended are increased by approximately 5% which is to apply on and after 1st April 2002. Replacement scales of fees are set out for the period commencing on 1st April 2002 in the table contained in the Schedule which replaces the Schedule contained in the principal Regulations as amended.

(1)

1997 c. 8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1997/10, amended by S.S.I. 2000/150.