The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1993

Made: 16th December 1993

Coming into force: 13th January 1994

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 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 1993.

• (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—

• (a) 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]; and

• (b) to “the amendment Regulations” shall be construed as a reference to the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment (No.2) Regulations 1992[^f00003].

• (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), (bb) or (c) of the principal Regulations or paragraph 7A of the Schedule to the principal Regulations[^f00004] 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) of the Town and Country Planning (Scotland) Act 1972[^f00005] in connection with an enforcement notice issued on or after the date on which these Regulations come into force.

• (5) These Regulations extend to Scotland only.

General increase

2

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

• (2) In the principal Regulations in relation to fees due in respect of applications or deemed applications made—

• (a) before 3rd January 1995—

• (i) in regulation 11A[^f00006] paragraphs (5)(b) and (6) for “£51” there shall be substituted “£58” and in paragraph (6) for “£101” there shall be substituted “£116” and for “£5,050” there shall be substituted “£5,800”;

• (ii) in regulation 11B(1)[^f00007] for “£22” there shall be substituted “£25”;

• (iii) in regulation 12(2)[^f00008] for “£51” there shall be substituted “£58”;

• (b) on and after 3rd January 1995—

• (i) in regulation 11A paragraph (5)(b) for “£58” there shall be substituted “£67” and in paragraph (6) for “£116” there shall be substituted “£133” and for “£5,800” there shall be substituted “£6,650”;

• (ii) in regulation 11B(1) for “£25” there shall be substituted “£29”;

• (iii) in regulation 12(2) for “£58” there shall be substituted “£67”.

3

In the Schedule to the principal Regulations in relation to fees due in respect of applications or deemed applications made—

• (a) before 3rd January 1995—

• (i) in paragraphs 4(1), 6(2), 6(3), 10 and 16[^f00009] for “£101” there shall be substituted “£116”;

• (ii) in paragraph 7[^f00010] for “£51” there shall be substituted “£58”;

• (iii) in paragraph 7A(b)[^f00011] for “£51” there shall be substituted “£58”;

• (iv) in paragraph 16[^f00012] for “£2,525” there shall be substituted “£2,900”; and

• (v) for the table[^f00013] there shall be substituted the table set out in Schedule 1 to these Regulations.

• (b) on and after 3rd January 1995—

• (i) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for “£116” there shall be substituted “£133”;

• (ii) in paragraph 7 for “£58” there shall be substituted “£67”;

• (iii) in paragraph 7A(b) for “£58” there shall be substituted “£67”;

• (iv) in paragraph 16 for “£2,900” there shall be substituted “£3,325”;

• (v) for the table set out in Schedule 1 to these Regulations there shall be substituted the table set out in Schedule 2 to these Regulations.

Miscellaneous Amendments

4

• (1) In regulation 12(3) of the principal Regulations (Fees for applications for consent for advertisements) after the words “litter bins” there shall be inserted the words “public seating benches”.

• (2) With effect on or after 3rd January 1995 in paragraph (6) of regulation 11A of the principal Regulations the words “, or £58 for each dwellinghouse if the use is established,” shall be deleted.

Revocations and savings

5

• (1) Subject to paragraph (2) of this regulation, regulation 2 of the amendment Regulations is hereby revoked.

• (2) Regulation 2 of the amendment Regulations shall continue to have effect in relation to applications for planning permission deemed to have been made by virtue of section 85(7) of the Town and Country Planning (Scotland) Act 1972 in connection with an enforcement notice served before the date on which these Regulations come into force.

• (3) With effect on and after 3rd January 1995 paragraphs (7) and (13) of regulation 11A of the principal Regulations shall be revoked.

SCHEDULE 1

SCHEDULE 2

Signed

Allan Stewart — Parliamentary Under Secretary of State, Scottish Office — 16th December 1993

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—

• (1) 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;

• (2) applications for planning permission which are deemed to have been made, by virtue of the provisions of section 85(7) of the 1972 Act, in connection with an appeal against an enforcement notice; and

• (3) applications for certificates of lawful use or development made under sections 90 and 90A of the 1972 Act.

The main change is that all fees currently payable under the principal Regulations are increased in two stages. The first is to apply on commencement and the second is to apply on and after 3rd January 1995. Each increase is of approximately 15%. Replacement scales of fees are set out for the period before 3rd January 1995 in the table contained in Schedule 1 and for the period commencing on 3rd January 1995 in the table contained in Schedule 2. These tables are to be included in the Schedule to the principal Regulations.

In addition regulation 12(3), which provides that where an application relates to the display of advertisements on parking metres, litter bins or bus shelters within a specified area, the whole of that area is to be treated as one site, is amended so as to include the display of advertisements on public seating benches.

The concession in paragraphs (6) and (7) of regulation 11A of the principal Regulations which provide a 50% reduction in fees, where an application is made to convert an Established Use Certificate into a Lawful Development Certificate, has been removed with effect from 3rd January 1995.

Footnotes

[^f00001]: 1980 c. 65; section 87(3) was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 13, paragraph 45.

[^f00002]: S.I. 1990/563, amended by S.I. 1990/2474, 1991/2765, 1992/1951 and 1992/3137.

[^f00003]: S.I. 1992/3137.

[^f00004]: Regulation 1(2)(bb) was inserted by regulation 4(1) of S.I. 1992/1951 and paragraph 7A of the Schedule was inserted by regulation 5(a) of S.I. 1992/1951.

[^f00005]: 1972 c. 52 section 85(7) was amended by the Local Government (Scotland) Act 1973 (c. 65) s.172(2) and by the Planning and Compensation Act 1991, Schedule 13, paragraph 20.

[^f00006]: Regulation 11A was inserted by regulation 4(2)(a) of S.I. 1992/1951.

[^f00007]: Regulation 11B was inserted by regulation 4(2)(b) of S.I. 1992/1951.

[^f00008]: Regulation 12 was amended by regulation 2(2) of S.I. 1992/3137.

[^f00009]: Paragraphs 4(1), 6(2), 6(3), 10 and 16 of the Schedule were amended by regulation 2(3)(a) of S.I. 1992/3137.

[^f00010]: Paragraph 7 of the Schedule was amended by regulation 2(3)(b) of S.I. 1992/3137.

[^f00011]: Paragraph 7A(b) of the Schedule was inserted by regulation 5 of S.I. 1992/1951.

[^f00012]: Paragraph 16 of the Schedule was amended by regulation 2(3)(d) of S.I. 1992/3137.

[^f00013]: The table was amended by regulation 2(3)(e) of S.I. 1992/3137.

[^f00014]: S.I. 1992/223.