The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2000

Made: 19th May 2000

Coming into force: 1st June 2000

The Scottish Ministers, in exercise of the powers conferred on them by section 252 of the Town and Country Planning (Scotland) Act 1997[^f00001] and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with sub-section (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 2000.

• (2) These Regulations shall come into force on 1st June 2000.

• (3) In these Regulations “the principal Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1997[^f00002].

• (4) 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;

• (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 “£90, and on or after 1 October 1997, £95” there shall be substituted “£105”; and

• (b) in paragraph (6) from “£180” to “£9,500” there shall be substituted “£210 for each dwellinghouse, subject to a maximum of £10,500”;

• (3) In regulation 13(1) for “£33, and on or after 1 October 1997, £35” there shall be substituted “£40”; and

• (4) In regulation 14(2) for “£90, and on or after 1 October 1997, £95” there shall be substituted “£105”.

3

In the Schedule to the principal Regulations—

• (a) in paragraphs 4(1) and 5(2) and (3)(b) for “£180, and on or after 1 October 1997, £190” there shall be substituted “£210”;

• (b) in paragraphs 6 and 7(b) for “£90, and on or after 1 October 1997, £95” there shall be substituted “£105”;

• (c) in paragraph 14 for “£180” to “£4,750” there shall be substituted “£210 for each 0.1 hectares of the site area, subject to a maximum of £5,250”.

4

In place of Tables I and II of 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 June 2000;

• (b) any deemed application for planning permission in connection with an enforcement notice issued before 1st June 2000.

SCHEDULE

Signed

SARAH BOYACK — A member of the Scottish Executive — 19th May 2000

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”), 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 are increased by approximately 10% which is to apply on and after 1st June 2000. Replacement scales of fees are set out for the period commencing on 1st June 2000 in the table contained in the Schedule. This table which is substituted for the existing tables in the Schedule to the principal Regulations, no longer includes at paragraphs 3 and 3A fees in respect of buildings of less than 465 square metres.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1997/10.