http://www.legislation.gov.uk/ssi/2010/141The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010Planning (town and country)Planning applicationsLand searchesBuilding alterationsFisheries and aquacultureenTOWN AND COUNTRY PLANNING2022-08-23Statute Law Database2010-04-01 These Regulations amend the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 (“theprincipal Regulations”), which make provision for the payment of fees to planning authorities. The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010RegulationsThe Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022sch. 2reg. 1(1) The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010 2010 No. 141 Town And Country Planning The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations<Character Name="NonBreakingSpace"/>2010 Made 31st March 2010 Coming into force in accordance with regulation 1(1)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section252 of the Town and Country Planning (Scotland) Act 1997 and all other powers enabling them to do so.

 In accordance with section252(6) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament. Citation, commencement and interpretation 1 1 These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010 and come into force on the day after the day on which they are made. 2 In these Regulations “the principal Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004. Amendment of the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 2 1 The principal Regulations are amended in accordance with paragraphs(2) to (6). 2 In regulation12— a in paragraph(5)(b) for “£145” substitute “£160”; and b in paragraph(6) for “£290 for each dwellinghouse, subject to a maximum of £14,500” substitute “£319for each dwellinghouse, subject to a maximum of £15,950”. 3 In regulation13(1) for “£55” substitute “£61”. 4 In regulation14(2) for “£145” substitute “£160”. 5 In the Schedule to the principal Regulations (fees in respect of applications and deemed applications for planning permission or for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle)— a for paragraph2 substitute— 2 Subject to paragraphs3 to 10, the fee payable under regulation3 or regulation10 for a category of development is to be calculated in accordance with the appropriate entry specified in column2 of the Table and paragraphs11 to 14. ; b in paragraphs4(1), 5(2) and 5(3)(b) for “£290” substitute “£319”; c in paragraphs6 and7(b) for “£145” substitute “£160”; d in paragraph 10A for “8A” substitute “9”; e in paragraph 12(4) for “12” substitute “13”; and f in paragraph14 for— i “£290” substitute “£319”; and ii “£6000” to the end of the paragraph substitute “£7,975”. 6 For the Table (and the heading thereto) contained in PartIII (scales of fees etc) of the Schedule to the principal Regulations substitute the Table (and the heading) contained in the Schedule to these Regulations. Savings 3 Notwithstanding the amendment of the principal Regulations by regulation2, the principal Regulations shall continue to apply in respect to any application or deemed application referred to at regulation1(2) of the principal Regulations made or deemed to be made before the date on which these Regulations come into force as they did immediately before these Regulations came into force. JOHN SWINNEY A member of the Scottish Executive
St Andrew’s House, Edinburgh
31st March 2010 SCHEDULE Regulation2(6) TABLE SCALE OF FEES
Category of DevelopmentFee Payable
IOperations
Construction of buildings, structures or erections for use as residential accommodation (other than development within category6) Where the application is for— planning permission in principle, £319 for each 0.1hectare of the site area, subject to a maximum of £7,975; or £319 for one dwellinghouse; other than planning permission in principle, £319 for each dwellinghouse to be created by the development, subject to a maximum of £15,950.
The erection of buildings (other than buildings coming within category1, 3, 4 or6). Where the application is for— planning permission in principle, £319 for each 0.1hectare of the site area, subject to a maximum of £7,975; other than planning permission in principle— where no floor space is to be created by the development or where the area of gross floor space to be created by the development does not exceed 40square metres, £160; where the area of gross floor space to be created by the development exceeds 40square metres but does not exceed 75square metres, £160; and where the area of gross floor space to be created by the development exceeds 75square metres, £319 for each 75square metres (or part thereof), subject to maximum in total of £15,950.
The erection on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category4). where the application is for planning permission £319 for each 0.1hectare of the site area, subject to a maximum of £7,975; in all other cases— where the ground area to be covered by the development exceeds 465square metres but does not exceed 540square metres, £319; where the ground area to be covered by the development exceeds 540square metres, £319, and an additional £319 for each 75square metres (or part thereof) in excess of 540square metres, subject to a maximum in total of £15,950.
The erection of glasshouses on land used for the purposes of agriculture. Where the ground area to be covered by the development exceeds 465square metres, £1,843.
The erection, alteration or replacement of plant or machinery. £319 for each 0.1hectare of the site area, subject to a maximum of £15,950.
The enlargement, improvement or other alteration of existing dwellinghouses. where the application relates to onedwellinghouse, £160; where the application relates to 2or more dwellinghouses, £319.
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; £160.
the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or £160.
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. £160.
The carrying out of any operations connected with the exploratory drilling for oil or natural gas. £319 for each 0.1hectare of the site area, subject to a maximum of £23,925.
The placing or assembly of equipment in any part of any marine waters for the purpose of fish farming. £145 for each 0.1hectare of the surface area of the marine waters to be used in relation to the placement or assembly of any equipment for the purposes of fish farming and £50for each 0.1hectare of the seabed to be used in relation to such development, subject to a maximum of £14,500.
The carrying out of any operations not coming within any of the above categories. In the case of operations for— the winning and working of minerals, £160 for each 0.1hectare of the site area, subject to a maximum of £23,925; the winning and working of peat, £160 for each hectare of the site area, subject to a maximum of £2,393; any other purpose, £160 for each 0.1hectare of the site area, subject to a maximum of £1,595.
IIUses of land
The change of use of a building to use as one or more dwellinghouses. £319 for each additional dwellinghouse to be created by the development, subject to a maximum of £15,950.
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 £160 for each 0.1hectare of the site area, subject to a maximum of £23,925.
the use of land for the storage of minerals in the open. £160 for each 0.1hectare of the site area, subject to a maximum of £23,925.
The making of a material change in the use of a building or land, other than a material change of use within category12 or11; or in the use of equipment placed or assembled in marine waters for the purposes of fish farming. £319.
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 2004 (“theprincipal Regulations”), which make provision for the payment of fees to planning authorities.

The effect of these Regulations is that, with the exception of fees for marine fish farming, all fees currently payable under the principal Regulations are increased by approximately10%. The increase applies from the date after the day on which the Regulations are made. Replacement scales of fees are set out in the table contained in the Schedule to these Regulations.

 1997 c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46). Section252 was amended by section31 of the Planning etc. (Scotland) Act 2006 (asp17). S.S.I.2004/219 as amended by S.S.I.2007/253, S.S.I.2007/268 and S.S.I.2009/222. Reg. 1 in force at 1.4.2010 in accordance with reg. 1(1)Reg. 2 in force at 1.4.2010 in accordance with reg. 1(1)Reg. 3 in force at 1.4.2010 in accordance with reg. 1(1)Sch. in force at 1.4.2010 in accordance with reg. 1(1)