These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 and shall come into force on 1st June 2004.

Expressions used in regulation 14 have the same meaning as in the 1984 Regulations.

Subject to regulations 4 to 9 and paragraph 8(3) of the Schedule, where an application is made to a planning authority for planning permission or for the approval of reserved matters, a fee shall be paid to that authority in accordance with the provisions of these Regulations.

The fee payable in respect of the application shall be calculated in accordance with the Schedule.

Where a fee is due in respect of an application it shall be paid to the planning authority with which the application is lodged and shall accompany the application.

Any fee paid under this regulation shall be refunded if the application is rejected as invalidly made.

In this regulation, “disabled person” has the same meaning as in section 1 of the Disability Discrimination Act 1995

1995 c. 50.

The reference in paragraph (1)(a)(i) to an application which relates to development which is within one or more of the classes specified in Schedule 1 to the General Permitted Development Order shall include an application for planning permission for the continuance of a use of land, or the retention of buildings or works, without compliance with a condition subject to which a previous planning permission has been granted, and which prohibits or limits the carrying out of any development which is within one or more of the said classes.

Subject to paragraphs (3) and (6), a fee shall be paid to the Scottish Ministers where an application for planning permission is deemed to have been made by virtue of section 133(7) of the 1997 Act (in consequence of an appeal against an enforcement notice).

Subject to paragraphs (3) and (4) and regulation 15(2), the fee payable in respect of a deemed application shall be calculated in accordance with the Schedule.

The fee due in respect of a deemed application shall accompany the written notice of the relevant appeal to the Scottish Ministers.

The reference in paragraph (2) to an appeal being dealt with by way of written submissions shall be construed as a reference to an appeal in respect of which no local inquiry is to be held under section 265 of the 1997 Act

Section 265 applied by the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10), sections 36, 40(2) (with sections 9(3), 10(5), 38(6)).

Subject to paragraphs (2), (3) and (4), where an application is made to a planning authority under section 150(1) (certificate of lawful use or development) or section 151 (certificate of proposed use or development) of the 1997 Act a fee shall be paid to that authority.

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

Where a use specified in an application under section 151(1)(a) is use as one or more separate dwellinghouses, the fee payable in respect of that use shall be £240 for each dwellinghouse, subject to a maximum of £12,000, and on or after 1st April 2005, shall be £260 for each dwellinghouse, subject to a maximum of £13,000.

Where an application is made under section 150(1)(a) or (b) (or under both paragraphs) and under section 150(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 150(1)(a) or (b) (or under both paragraphs, as the case may be) and a separate application under section 150(1)(c).

In the case of an application which relates to land in the area of two or more planning authorities, paragraph 8 of Part II of the Schedule shall apply for the purpose of determining the authority to which 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.

Where an application is made by or on behalf of a community council, the fee payable shall be one-half of the amount that would otherwise be payable in accordance with paragraphs (5) to (8).

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.

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

Where an application is made to a planning authority for determination as to whether the prior approval of the authority will be required in relation to development under Schedule 1 to the General Permitted Development Order a fee shall be paid to that authority of £46, and on or after 1st April 2005, £50.

Any fee paid under this regulation shall be refunded if the application is rejected as invalidly made.

Where an application is made to a planning authority under regulation 15 of the 1984 Regulations for consent for the display of an advertisement, a fee shall accompany the application and shall be paid to that authority in accordance with this regulation.

Subject to the provisions of paragraphs (3) to (7) the fee payable in respect of each site on which one or more than one advertisement is to be displayed shall be £120, and on or after 1st April 2005, £130.

Where the application relates to the display of advertisements on parking meters, litter bins, public seating benches or bus shelters within a specified area, the whole of the area to which the application relates shall be treated as one site for the purpose of this regulation.

Where the application is made by a community council, the amount of the fee payable in respect of the application shall be reduced by one half.

No fee is payable under this regulation in respect of an application for consent to display an advertisement if the application is occasioned by direction under regulation 11 of the 1984 Regulations disapplying regulation 10 in relation to that advertisement.

Any fee paid under this regulation shall be refunded if the relevant application is rejected as invalidly made.

Subject to paragraph (2), and insofar as they have been not revoked already, the Town and Country Planning (Fees for Applications and Deemed Applications)(Scotland) Regulations 1997

SI 1997/10.

The Regulations referred to in paragraph (1) shall continue to apply to applications for planning permission deemed to have been made by virtue of section 133(7) of the 1997 Act in connection with an enforcement notice served before the date when these Regulations come into force.