The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022

PART 1 General provisions

Tables of fees

1.—(1) The fee payable under regulation 3 for an application relating to a category of development in column 1 of the relevant table contained in Part 3 of this schedule is the fee calculated in accordance with the appropriate entry in column 2 of that table and paragraphs 1 to 11.

(2) The relevant table is—

(a) table 1 in relation to an application for—

(i) planning permission, or

(ii) approval, consent or agreement required by a condition imposed on a grant of planning permission in principle,

(b) table 2 in relation to an application for planning permission in principle,

(c) table 3 in relation to an application for a certificate of lawful use or development under section 150 or for a certificate of proposed use or development under section 151 of the 1997 Act,

(d) table 4 in relation to an application for a determination as to whether the planning authority’s prior approval is required in relation to development under schedule 1 of the General Permitted Development Order.

Categories of development

2.  In this schedule—

(a) any reference to a category of development is a reference to one of the categories of development specified in column 1 of the relevant table, and

(b) in the case of an application for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle, references to the category of development to which an application relates are to be construed as references to the category of development authorised by the relevant planning permission in principle.

Calculation of area or floor space

3.  Where, in respect of any category of development the fee must be calculated by reference to—

(a) the site area—

(i) that area is to be taken as consisting of the area of land to which the application relates, and

(ii) where the area is not an exact multiple of the unit of measurement specified in respect of the relevant category of development, the fraction of a unit remaining after division of the total area by the unit of measurement is to be treated as a complete unit, and

(b) the gross floor space—

(i) the area of gross floor space is to be ascertained by external measurement of the floor space, whether or not it is to be bounded wholly or partly by external walls of a building, and

(ii) where the floor is to be measured by units of 100 square metres any floor space remaining after division of the gross floor space by 100 square metres is to be treated as 100 square metres.

Alternative applications

4.  Where an application relates to development which is within more than one of the categories of development—

(a) an amount is to be calculated in respect of each category of development, and

(b) the highest amount so calculated is the fee payable in respect of the application.

Glasshouses and polytunnels

5.  In table 1 “ glasshouse and polytunnel” means a building which—

(a) has not less than three-quarters of its total external area comprised of glass or other translucent material,

(b) is designed for the production of flowers, fruit, vegetables, herb or other horticultural produce, and

(c) is used, or is to be used, solely for the purposes of agriculture.

Planning permission in principle granted before 1 April 2022

6.  Where the application is for the approval, consent, or agreement required by a condition imposed on a grant of permission in principle and—

(a) the planning permission in principle was granted before 1 April 2022, and

(b) the application relates to development within categories 1, 4, 17, or 21 of table 1,

the fee payable under regulation 3 is subject to a maximum of £125,000.