The Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025

Made: 24th April 2025

Laid before the Scottish Parliament: 28th April 2025

Coming into force: 9th June 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 252 of the Town and Country Planning (Scotland) Act 1997[^f00001] and all other powers enabling them to do so.

PART 1 — Introductory

Citation, commencement and application

1

• (1) These Regulations may be cited as the Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025 and come into force on 9 June 2025.

• (2) These Regulations (other than Part 4) apply to appeals under—

• (a) section 47(1) of the Act (appeal against planning decisions),

• (b) section 47(1) of the Act as applied by regulation 21 of the 1984 Regulations,

• (c) section 154(1)(a) of the Act (appeal against refusal of certificate of lawful use or development),

where notice of appeal is given to the Scottish Ministers on or after 9 June 2025.

Interpretation

2

• (1) In these Regulations—

• “the Act” means the Town and Country Planning (Scotland) Act 1997,

• “the 1984 Regulations” means the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984[^f00002],

• “dwellinghouse” means a building or part of a building which is used as a single private dwellinghouse, and for no other purpose,

• “equipment” and “fish farming” have the same meanings as in section 26(6) of the Act[^f00003],

• “the General Permitted Development Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992[^f00004],

• “marine waters” means the waters described in paragraphs (b) and (c) of subsection (6) of section 26 of the Act[^f00005],

• “planning permission in principle” has the meaning in section 59 of the Act[^f00006],

• “use of land” includes use of land for the winning and working of minerals.

• (2) References in regulations 4(3) and (4), 5(1), 6(1) and 8 and in paragraph 12(2)(b) of the schedule to the Scottish Ministers include a reference to a person appointed under paragraph 1 of schedule 4 of the Act.

PART 2 — Payment of fees

Payment of fees

3

• (1) Subject to Part 3 (applications where no fee is payable), where an appeal to which these Regulations apply is made to the Scottish Ministers a fee is payable to the Scottish Ministers in accordance with the provisions of this regulation.

• (2) Subject to paragraphs (3) and (4), the fee payable for an appeal under section 47(1) or section 154(1)(a) of the Act is the fee calculated in accordance with the schedule of these Regulations.

• (3) The fee payable for an appeal under section 47(1) of the Act as applied by regulation 21 of the 1984 Regulations in respect of an application for a consent for the display of advertisements under regulation 15 of the 1984 Regulations is £143 in respect of each site on which one or more than one advertisement is to be displayed.

• (4) The fee payable for an appeal under section 47(1) of the Act in respect of—

• (a) a decision to grant planning permission subject to conditions,

• (b) an application for planning permission made under section 42 (applications to develop land without complying with previous conditions) of the Act,

is £143.

• (5) Any fee payable under this regulation must—

• (a) accompany the appeal, and

• (b) be refunded if the appeal is rejected as invalidly made.

• (6) For the purposes of paragraph (3)—

• (a) “site” has the meaning given in regulation 2 of the 1984 Regulations, but

• (b) where an appeal is made in respect of an application for a consent for the display of advertisements under regulation 15 of the 1984 Regulations which relates to the display of advertisements on parking meters, litter bins, public seating benches or bus shelters within a specified area, the whole of the area to which the application relates is to be treated as one site.

Waiving or reducing of fees

4

• (1) The Scottish Ministers may waive or reduce any appeal fee payable under regulation 3 in accordance with the provisions of this regulation.

• (2) The Scottish Ministers may only waive or reduce a fee following the publication of a charter setting out the circumstances in which the Scottish Ministers will consider waiving or reducing a fee payable to them.

• (3) The charter must include but is not limited to the circumstances—

• (a) where the appeal relates to development which, in the opinion of the Scottish Ministers, has the primary purpose of contributing to a not for profit enterprise or a social enterprise, and

• (b) where the appeal relates to development which, in the opinion of the Scottish Ministers, is likely to contribute to improving the health of residents of the area to which the appeal relates.

• (4) In waiving or reducing any fee payable, the Scottish Ministers must state the reasons for doing so on any decision notice.

• (5) A charter produced by the Scottish Ministers under paragraph (2) must be published by means of the internet.

• (6) For the purposes of paragraph (3) “not for profit enterprise” and “social enterprise” have the meanings in section 252(1F) of the Act[^f00007].

PART 3 — Applications where no fee is payable

Means of access etc. for disabled persons

5

• (1) No fee is payable under regulation 3 where the Scottish Ministers are satisfied as to the matters specified in paragraphs (2)(a) or (b).

• (2) The matters are that the application relates solely to the carrying out of operations for—

• (a) the alteration or extension of a dwellinghouse (but not including the erection of a dwellinghouse) or other operations within the curtilage of a dwellinghouse for the purpose of—

• (i) providing means of access to or within the dwellinghouse for a disabled person who resides or proposes to reside in that dwellinghouse, or

• (ii) providing facilities designed to secure that person’s greater safety, health or comfort,

• (b) the purpose of providing means of access for disabled persons to or within a building or premises to which members of the public are admitted.

• (3) In this regulation, “disabled person” has the meaning given by section 6 of the Equality Act 2010[^f00008].

Restrictions on permitted development rights

6

• (1) No fee is payable under regulation 3 where the Scottish Ministers are satisfied as to the matters specified in paragraph (2).

• (2) The matters are that—

• (a) the appeal relates solely to development within one or more of the classes specified in schedule 1 of the General Permitted Development Order, and

• (b) the permission granted by article 3 of that Order does not apply in respect of that development by reason of—

• (i) a direction made under article 4 of that Order which is in force on the date when the application to which the appeal relates was made, or

• (ii) the requirements of a condition imposed on a permission granted under Part 3 of the Act otherwise than by that Order.

• (3) The reference in paragraph (2)(a) to an appeal which relates to development which is within one or more of the classes specified in schedule 1 of the General Permitted Development Order includes an appeal in respect of an application for planning permission for the continuance of a use of land, or the retention of buildings or works, without compliance with a condition subject to which a previous planning permission has been granted, and which prohibits or limits the carrying out of any development which is within one or more of those classes.

Advertisements - disapplication of deemed consent

7

No fee is payable under regulation 3 for an appeal in respect of application for a consent for the display of advertisements under regulation 15 of the 1984 Regulations if the application is occasioned by a direction under regulation 11 (power to exclude the application of regulation 10) of the 1984 Regulations disapplying regulation 10 (specified classes) in relation to that advertisement.

Use specified in the Town and Country Planning (Use Classes) (Scotland) Order 1997

8

No fee is payable under regulation 3 for an appeal in respect of an application for planning permission where the Scottish Ministers are satisfied that—

• (a) the application in respect of which the appeal is made relates solely to the use of a building or other land for a purpose of any class specified in the schedule of the Town and Country Planning (Use Classes) (Scotland) Order 1997[^f00009],

• (b) the existing use of that building or other land is for another purpose of the same class, and

• (c) the appeal is made in respect of an application for planning permission for the use to which it relates which is necessary because of a condition imposed on a permission granted under Part 3 of the Act.

Winning and working of minerals

9

No fee is payable under regulation 3 in relation to an appeal in respect of an application for permission to carry out development consisting of the winning and working of minerals where the application—

• (a) is for a permission which consolidates two or more subsisting permissions, or

• (b) does not seek permission for development which is not authorised by a subsisting permission.

PART 4 — Appeals under the Planning (Hazardous Substances) (Scotland) Act 1997

Amendment of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 and saving provision

10

• (1) Subject to paragraph (3), the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015[^f00010] (“the 2015 Regulations”) are amended in accordance with paragraph (2).

• (2) After regulation 55 (fees for applications) of the 2015 Regulations insert—

(55A) (1) Where an appeal to is made to the Scottish Ministers under section 19(1) of the principal Act a fee is payable to the Scottish Ministers in accordance with the provisions of this regulation. (2) The fee— (a) for an appeal in respect of an application under regulation 6 (applications for hazardous substances consent) where the quantity specified in the application as the maximum quantity proposed to be present exceeds twice the controlled quantity is £572, (b) for an appeal in respect of an application under— (i) regulation 6 (applications for hazardous substances consent) (other than an application referred to in sub-paragraph (a)), (ii) regulation 7 (applications for removal of conditions attached to hazardous substances consent), or (iii) regulation 8 (application for continuation of hazardous substances consent where there has been a change in the person in control of any part of the land), is £286. (3) Any fee payable under this regulation must— (a) accompany the appeal, and (b) be refunded if the appeal is rejected as invalidly made.

• (3) The amendments made by this regulation apply only to appeals under section 19(1) of the Planning (Hazardous Substances) (Scotland) Act 1997[^f00011] made on or after 9 June 2025.

SCHEDULE — CALCULATION OF FEES

PART 1 — General provisions

Tables of fees

1

• (1) The fee payable under regulation 3 for an appeal in respect of 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 10 to 13 of Part 2.

• (2) The relevant table is—

• (a) table 1 in relation to an appeal in respect of 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 appeal in respect of an application for planning permission in principle,

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

• (d) table 4 in relation to an appeal in respect of an application for any approval required under 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 appeal in respect 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 the 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 in respect of which the appeal is made 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 appeal is made in respect of an application which 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 appeal.

Mixed use

5

• (1) Where this paragraph applies the fee payable for an appeal is calculated and payable in accordance with sub-paragraphs (3) to (6).

• (2) This paragraph applies in respect of development which is partly within category 1 and partly within category 4 of table 1.

• (3) Subject to sub-paragraphs (4) and (5), the fee payable is the sum of—

• (a) the amount calculated and payable for the amount of gross floor space which is to be created by that part of the development which is within category 4 (“the non-residential floor space”), and

• (b) the amount payable in respect of that part of the development which is within category 1.

• (4) Where sub-paragraph (5) applies for the purpose of sub-paragraph (3), the amount of non-residential floor space is to be assessed in relation to that building as including such proportion of the common floor space as the amount of non-residential floor space in the building bears to the total amount of gross floor space in the building.

• (5) This sub-paragraph applies where any of the buildings is to contain floor space for the purposes of providing common access or common services or facilities for persons occupying or using that building for residential purposes, and for persons occupying or using that building for non-residential purposes (“common floor space”).

• (6) Where an appeal to which this paragraph applies relates to development which is also within one or more of any other category of table 1, an amount is to be calculated in accordance with each such category and if any of the amounts so calculated exceeds the amount calculated in accordance with sub-paragraph (3) that higher amount is the fee payable in respect of all of the development to which the appeal relates.

Glasshouses and polytunnels

6

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

7

Where the appeal is made in respect of an application 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 £50,000.

Planning permission in principle granted before 12 December 2024

8

Where the appeal is made in respect of an application 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 on or after 1 April 2022 and before 12 December 2024, 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 £60,000.

Planning permission in principle granted before 9 June 2025

9

Where the appeal is made in respect of an application 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 on or after 12 December 2024 and before 9 June 2025, 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 £69,142.

PART 2 — Modified fees

Appeals by community councils

10