The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010

Made: 31st March 2010

Coming into force in accordance with regulation 1(1)

In accordance with section252(6) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010 and come into force on the day after the day on which they are made.

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

Amendment of the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004

2

• (1) The principal Regulations are amended in accordance with paragraphs(2) to (6).

• (2) In regulation12—

• (a) in paragraph(5)(b) for “£145” substitute “£160”; and

• (b) in paragraph(6) for “£290 for each dwellinghouse, subject to a maximum of £14,500” substitute “£319for each dwellinghouse, subject to a maximum of £15,950”.

• (3) In regulation13(1) for “£55” substitute “£61”.

• (4) In regulation14(2) for “£145” substitute “£160”.

• (5) In the Schedule to the principal Regulations (fees in respect of applications and deemed applications for planning permission or for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle)—

• (a) for paragraph2 substitute—

(2) Subject to paragraphs3 to 10, the fee payable under regulation3 or regulation10 for a category of development is to be calculated in accordance with the appropriate entry specified in column2 of the Table and paragraphs11 to 14.

• (b) in paragraphs4(1), 5(2) and 5(3)(b) for “£290” substitute “£319”;

• (c) in paragraphs6 and7(b) for “£145” substitute “£160”;

• (d) in paragraph 10A for “8A” substitute “9”;

• (e) in paragraph 12(4) for “12” substitute “13”; and

• (f) in paragraph14 for—

• (i) “£290” substitute “£319”; and

• (ii) “£6000” to the end of the paragraph substitute “£7,975”.

• (6) For the Table (and the heading thereto) contained in PartIII (scales of fees etc) of the Schedule to the principal Regulations substitute the Table (and the heading) contained in the Schedule to these Regulations.

Savings

3

Notwithstanding the amendment of the principal Regulations by regulation2, the principal Regulations shall continue to apply in respect to any application or deemed application referred to at regulation1(2) of the principal Regulations made or deemed to be made before the date on which these Regulations come into force as they did immediately before these Regulations came into force.

SCHEDULE

Signed

JOHN SWINNEY — A member of the Scottish Executive — 31st March 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004 (“theprincipal Regulations”), which make provision for the payment of fees to planning authorities.

The effect of these Regulations is that, with the exception of fees for marine fish farming, all fees currently payable under the principal Regulations are increased by approximately10%. The increase applies from the date after the day on which the Regulations are made. Replacement scales of fees are set out in the table contained in the Schedule to these Regulations.

Footnotes

[^f00001]: 1997 c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46). Section252 was amended by section31 of the Planning etc. (Scotland) Act 2006 (asp17).

[^f00002]: S.S.I.2004/219 as amended by S.S.I.2007/253, S.S.I.2007/268 and S.S.I.2009/222.

Editorial notes

[^key-a740ceac84f4d4b87703503b8f2234c0]: Reg. 1 in force at 1.4.2010 in accordance with reg. 1(1)

[^key-5cf33ace36024b27914d9b646fb31862]: Reg. 2 in force at 1.4.2010 in accordance with reg. 1(1)

[^key-0f460183ce12a78a34383c66737fafab]: Reg. 3 in force at 1.4.2010 in accordance with reg. 1(1)

[^key-7c2c7da8c27270cc4d781be1285596c8]: Sch. in force at 1.4.2010 in accordance with reg. 1(1)