The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2007

Made: 19th March 2007

Coming into force: 1st April 2007

The Scottish Ministers, in exercise of the powers conferred 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 subsection (4) of that section, 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 2007 and shall come into force on 1st April 2007.

• (2) In these Regulations “the principal Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004[^f00002].

• (3) These Regulations apply to–

• (a) applications referred to at regulation 1(2)(a) of the principal Regulations which are made on or after 1st April 2007; and

• (b) deemed applications for planning permission in connection with an enforcement notice issued on or after 1st April 2007.

General increase

2

• (1) The principal Regulations are amended in accordance with this regulation and regulations 3 and 4.

• (2) In regulation 2(1) after the definition of “the Schedule”–

• (a) omit the word “and”; and

• (b) insert–

• “the Table” means the Table set out in Part III of the Schedule; and

• (3) In regulation 2(3) omit paragraph (c).

• (4) In regulation 12–

• (a) in paragraph (5)(b) for the words from “ £120” to “£130” substitute “£145”; and

• (b) in paragraph (6) for the words from “£240” to “£13,000” substitute “£290 for each dwellinghouse, subject to a maximum of £14,500”.

• (5) In regulation 13(1) for the words from “£46” to “£50” substitute “£55”.

• (6) In regulation 14(2) for the words from “£120” to “£130” substitute “£145”.

3

In the Schedule to the principal Regulations (fees in respect of applications and deemed applications for planning permission or for approval of reserved matters)–

• (a) in paragraph 1(a) for “the tables set out in Part III” substitute “the Table”;

• (b) in paragraph 2(a) for “Table 1” substitute “the Table”;

• (c) in paragraph 2(b) for “Table 2” substitute “the Table”;

• (d) in paragraphs 4(1) and 5(2) and (3)(b) for the words from “£240” to “£260” substitute “£290”;

• (e) in paragraphs 6 and 7(b) for the words from “£120” to “£130” substitute “£145”; and

• (f) in paragraph 14 for–

• (i) “£240” substitute “£290”; and

• (ii) “£6,500” substitute “£7,250”.

4

For Table 1 and Table 2 contained in Part III of the Schedule to the principal Regulations substitute the Table contained in the Schedule to these Regulations.

Savings

5

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

• (a) any application or deemed application referred to at regulation 1(2)(a) of the principal Regulations made before 1st April 2007; and

• (b) any deemed application for planning permission in connection with an enforcement notice issued before 1st April 2007.

SCHEDULE

Signed

DES McNULTY — Authorised to sign by the Scottish Ministers — 19th March 2007

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 (“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 applies on and after 1st April 2007. Replacement scales of fees are set out for the period commencing on 1st April 2007 in the table contained in the Schedule which replaces the tables contained in the Schedule to the principal Regulations.

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.S.I. 2004/219.

[^f00003]: S.I. 1992/223.

Editorial notes

[^key-5bf0d82d6703e13c08668a577523bedf]: Reg. 1 in force at 1.4.2007, see reg. 1(1)

[^key-3f57015abf62858b1b0ce698c6c5c8d2]: Reg. 2 in force at 1.4.2007, see reg. 1(1)

[^key-dbf996ab5e55a340167e660d0f99726c]: Reg. 3 in force at 1.4.2007, see reg. 1(1)

[^key-7b18cef6f6f9ef2656be0bac40d75cdd]: Reg. 4 in force at 1.4.2007, see reg. 1(1)

[^key-1a78525cd34c15527b33f7f8b6e5c64c]: Reg. 5 in force at 1.4.2007, see reg. 1(1)

[^key-3ae2fd2281cd86ae921ec5311aff16eb]: Sch. in force at 1.4.2007, see reg. 1(1)