LegalizeThe Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2017
Made: 19th April 2017
Laid before the Scottish Parliament: 21st April 2017
Coming into force: 1st June 2017
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Citation, commencement and interpretation
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Amendment of the principal Regulations
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Savings
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SCHEDULE
| Category of development | Category of development | Category of development | Fee payable |
|---|---|---|---|
| I Operations | I Operations | I Operations | I Operations |
| 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | Where the application is for— |
| 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | planning permission in principle— |
| 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | where the site area does not exceed 2.5 hectares, £401 for each 0.1 hectare or £401 where only one dwellinghouse is to be created by the development;where the site area exceeds 2.5 hectares, £10,028 plus £100 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £62,500; |
| 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | other than planning permission in principle— |
| 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | 1.Construction of buildings, structures or erections for use as residential accommodation (other than development within category 6). | where the number of dwellinghouses to be created by the development does not exceed 50, £401 for each dwellinghouse;where the number of dwellinghouses to be created by the development exceeds 50, £20,050 plus £200 for each dwellinghouse in excess of 50, subject to a maximum in total of £124,850. |
| 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | Where the application is for— |
| 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | planning permission in principle— |
| 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | where the site area does not exceed 2.5 hectares, £401 for each 0.1 hectare;where the site area exceeds 2.5 hectares, £10,028 plus £100 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £62,500; |
| 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | other than planning permission in principle— |
| 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 2.The erection of buildings (other than buildings coming within category 1, 3, 4 or 6). | 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 40 square metres, £202;where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, £401;where the area of gross floor space to be created by the development exceeds 75 square metres but does not exceed 3,750 square metres, £401 for each 75 square metres (or part thereof);where the area of gross floor space to be created by the development exceeds 3,750 square metres, £20,050 plus £200 for each 75 square metres (or part thereof) in excess of 3,750 square metres, subject to a maximum in total of £125,000. |
| 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | Where the application is for planning permission in principle, £401 for each 0.1 hectare of the site area, subject to a maximum of £10,028;in all other cases— |
| 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | where the ground area to be covered by the development exceeds 465 square metres but does not exceed 540 square metres, £401; |
| 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | 3.The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 4). | where the ground area to be covered by the development exceeds 540 square metres, £401 plus £401 for each 75 square metres (or part thereof) in excess of 540 square metres, subject to a maximum in total of £20,055. |
| 4.The erection of glasshouses on land used for the purposes of agriculture. | 4.The erection of glasshouses on land used for the purposes of agriculture. | 4.The erection of glasshouses on land used for the purposes of agriculture. | Where the ground area to be covered by the development exceeds 465 square metres, £2,321. |
| 5.The erection, alteration or replacement of plant or machinery. | 5.The erection, alteration or replacement of plant or machinery. | 5.The erection, alteration or replacement of plant or machinery. | Where the site area— |
| 5.The erection, alteration or replacement of plant or machinery. | 5.The erection, alteration or replacement of plant or machinery. | 5.The erection, alteration or replacement of plant or machinery. | does not exceed 5 hectares, £401 for each 0.1 hectare;exceeds 5 hectares, £20,050 plus £200 for each 0.1 hectare in excess of 5 hectares, subject to a maximum in total of £125,000. |
| 6.The enlargement, improvement or other alteration of existing dwellinghouses. | 6.The enlargement, improvement or other alteration of existing dwellinghouses. | 6.The enlargement, improvement or other alteration of existing dwellinghouses. | Where the application relates to— |
| 6.The enlargement, improvement or other alteration of existing dwellinghouses. | 6.The enlargement, improvement or other alteration of existing dwellinghouses. | 6.The enlargement, improvement or other alteration of existing dwellinghouses. | one dwellinghouse, £202;2 or more dwellinghouses, £401. |
| 7. | 7. | 7. | 7. |
| (a) | 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; | 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; | £202. |
| (b) | the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or | the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or | £202. |
| (c) | 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. | 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. | £202. |
| 8.The carrying out of any operations connected with the exploratory drilling for oil or natural gas. | 8.The carrying out of any operations connected with the exploratory drilling for oil or natural gas. | 8.The carrying out of any operations connected with the exploratory drilling for oil or natural gas. | Where the site area— |
| 8.The carrying out of any operations connected with the exploratory drilling for oil or natural gas. | 8.The carrying out of any operations connected with the exploratory drilling for oil or natural gas. | 8.The carrying out of any operations connected with the exploratory drilling for oil or natural gas. | does not exceed 7.6 hectares, £401 for each 0.1 hectare;exceeds 7.6 hectares, £30,476 plus £200 for each 0.1 hectare in excess of 7.6 hectares, subject to a maximum in total of £125,000. |
| 9.The placing or assembly of equipment in any part of any marine waters for the purposes of fish farming. | 9.The placing or assembly of equipment in any part of any marine waters for the purposes of fish farming. | 9.The placing or assembly of equipment in any part of any marine waters for the purposes of fish farming. | £183 for each 0.1 hectare 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 £63 for each 0.1 hectare of the sea bed to be used in relation to such development, subject to a maximum of £18,270. |
| 10.The carrying out of any operations not coming within any of the above categories. | 10.The carrying out of any operations not coming within any of the above categories. | 10.The carrying out of any operations not coming within any of the above categories. | In the case of operations for— |
| 10.The carrying out of any operations not coming within any of the above categories. | 10.The carrying out of any operations not coming within any of the above categories. | 10.The carrying out of any operations not coming within any of the above categories. | the winning and working of minerals— |
| 10.The carrying out of any operations not coming within any of the above categories. | 10.The carrying out of any operations not coming within any of the above categories. | 10.The carrying out of any operations not coming within any of the above categories. | where the site area does not exceed 15 hectares, £202 for each 0.1 hectare;where the site area exceeds 15 hectares, £30,240 plus £100 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £125,000; |
| 10.The carrying out of any operations not coming within any of the above categories. | 10.The carrying out of any operations not coming within any of the above categories. | 10.The carrying out of any operations not coming within any of the above categories. | the winning and working of peat, £202 for each hectare of the site area, subject to a maximum of £3,024;any other purpose, £202 for each 0.1 hectare of the site area, subject to a maximum of £2,016. |
| II Uses of land | II Uses of land | II Uses of land | II Uses of land |
| 11.The change of use of a building to use as one or more dwellinghouses. | 11.The change of use of a building to use as one or more dwellinghouses. | 11.The change of use of a building to use as one or more dwellinghouses. | Where the number of additional dwellinghouses to be created by the development— |
| does not exceed 50, £401 for each additional dwellinghouse;where the number of additional dwellinghouses to be created by the development exceeds 50, £20,050 plus £200 for each additional dwellinghouse in excess of 50, subject to a maximum in total of £124,850. | |||
| 12. | 12. | 12. | 12. |
| (a) | (a) | 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 | Where the site area— |
| (a) | (a) | 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 | does not exceed 15 hectares, £202 for each 0.1 hectare;exceeds 15 hectares, £30,240 plus £100 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £125,000. |
| (b) | (b) | the use of land for the storage of minerals in the open. | Where the site area— |
| (b) | (b) | the use of land for the storage of minerals in the open. | does not exceed 15 hectares, £202 for each 0.1 hectare;exceeds 15 hectares, £30,240 plus £100 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £125,000. |
| 13.The making of a material change in the use of a building or land, other than a material change of use within category 11 or 12; or in the use of equipment placed or assembled in marine waters for the purposes of fish farming. | 13.The making of a material change in the use of a building or land, other than a material change of use within category 11 or 12; or in the use of equipment placed or assembled in marine waters for the purposes of fish farming. | 13.The making of a material change in the use of a building or land, other than a material change of use within category 11 or 12; or in the use of equipment placed or assembled in marine waters for the purposes of fish farming. | £401. |
Signed
KEVIN STEWART — Authorised to sign by the Scottish Ministers — 19th April 2017
Explanatory note
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Footnotes
[^f00001]: 1997 c.8. Section 252 was amended by section 31 and the schedule of the Planning etc. (Scotland) Act 2006 (asp 17) and section 55 of the Regulatory Reform (Scotland) Act 2014 (asp 3). The functions of the Secretary of State in so far as within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
[^f00002]: S.S.I. 2004/219 as amended by S.S.I. 2007/253, S.S.I. 2007/268, S.S.I. 2009/222, S.S.I. 2010/141, S.S.I. 2010/280, S.S.I. 2013/105, S.S.I. 2014/214 and S.S.I. 2014/301.
Editorial notes
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