The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1990

Made: 4th December 1990

Coming into force: 1st January 1991

The Secretary of State in exercise of the powers conferred on him by section 87 of the Local Government, Planning and Land Act 1980[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament:

Citation, commencement, interpretation, application and extent

1

• (1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1990.

• (2) These Regulations shall come into force on the twenty eighth day after the date on which they are made.

• (3) Any reference in these Regulations to “the principal Regulations” shall be construed as a reference to the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1990[^f00002].

• (4) These Regulations apply–

• (a) where such an application as is referred to in regulation 1(2)(a) other than a deemed application for planning permission, (b) or (c) of the principal Regulations is made on or after the date on which these Regulations come into force; and

• (b) where an application for planning permission is deemed to have been made by virtue of section 85(7) or section 91(5) of the Town and Country Planning (Scotland) Act 1972[^f00003] in connection with an enforcement notice issued, or an application for an established use certificate made, on or after the date on which these Regulations come into force.

• (5) These Regulations extend to Scotland only.

General increase in fees

2

• (1) The principal Regulations shall be amended in accordance with this regulation.

• (2) In regulation 12 of the principal Regulations (fees for applications for consent for advertisements) in paragraph (2) for “£32” there shall be substituted “£39”.

• (3) In the Schedule to the principal Regulations–

• (a) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for “£64” there shall be substituted “£77”

• (b) in paragraph 7 for “£32” there shall be substituted “£39”

• (c) in paragraph 16 for “£1,600” there shall be substituted “£1,925”; and

• (d) for the table there shall be substituted the table set out in the Schedule to these Regulations.

Miscellaneous amendments

3

• (1) The principal Regulations shall also be amended in accordance with this regulation.

• (2) In regulation 3–

• (a) in paragraph (1), after “regulations 4 to 9” there shall be inserted “and paragraph 8(3) of the Schedule”; and

• (b) for paragraph (3) there shall be substituted the following paragraph:–

(3) Where a fee is due in respect of an application it shall be paid to the planning authority with whom the application is lodged and shall accompany the application.

• (3) In paragraph 8(2) of the Schedule, for “shall not exceed” there shall be substituted “shall be”; and there shall be inserted at the end of sub-paragraph (2) the words–

or the sum of the amounts which would have been payable but for this paragraph, whichever is the lesser.

SCHEDULE

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 4th December 1990

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 1990 (“the principal Regulations”), which make provision for the payment of fees to planning authorities in respect of applications made under Part III of the Town and Country Planning (Scotland) Act 1972 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; and for the payment of fees to the Secretary of State in respect of applications for planning permission which are deemed to have been made, by virtue of the provisions of section 85(7) or 91(5) of the 1972 Act, in connection with an appeal against an enforcement notice or in connection with an application for an established use certificate respectively.

The main change made by the Regulations is that all fees are increased by approximately 20%. A replacement scale of fees (the table in the Schedule to the principal Regulations) is set out in the Schedule.

Some minor drafting amendments have also been made.

Footnotes

[^f00001]: 1980 c. 65.

[^f00002]: S.I. 1990/563.

[^f00003]: 1972 c. 52.