The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022

[^key-51685d3154b82c0862f60e08e6cd7ec1]: Sum in sch. 1 para. 9(1) substituted (9.6.2025) by The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2025 (S.S.I. 2025/125), regs. 1, 5(b)(i)

[^key-9db9bec5b95a0459655d663f06a9c091]: Sum in sch. 1 para. 10(2) substituted (9.6.2025) by The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2025 (S.S.I. 2025/125), regs. 1, 5(b)(ii)

[^key-6600c9805a200e6644428a0b2716c58b]: Sum in sch. 1 para. 10(3) substituted (9.6.2025) by The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2025 (S.S.I. 2025/125), regs. 1, 5(b)(ii)

Mixed-use development

4A

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

• (2) This paragraph applies where, in respect of development which is partly within category 1 and partly within category 4 of table 1, an application is made for—

• (a) planning permission, or

• (b) the approval, consent, or agreement required by a condition imposed on a grant of permission in principle.

• (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 application 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 application relates.

Glasshouses and polytunnels

Planning permission in principle granted before 1 April 2022

Alternative proposals

12

• (1) Where two or more applications for planning permission are made on the same date and by the same applicant and in respect of two or more proposals for the development of the same land, a single fee calculated in accordance with sub-paragraph (3) is payable in respect of the applications.

• (2) Where two or more applications are made for approval, consent or agreement required by the same condition imposed on a grant of planning permission in principle, and both applications are made on the same date and by the same applicant, a single fee calculated in accordance with sub-paragraph (3) is payable in respect of the applications.

• (3) Calculations are to be made, in accordance with table 1 of this schedule, of the fee appropriate to each of the applications and the single fee payable in respect of both applications is the sum of—

• (a) an amount equal to the highest fee calculated in respect of each of the applications, and

• (b) an amount calculated by adding together the fees appropriate to all of the applications, other than the amount referred to in head (a) and dividing that total by 2.

Discretion to charge fees – masterplan consent area schemes

4A

• (1) This regulation applies in respect of charges or fees related to—

• (a) the making or alteration to a masterplan consent area scheme,

• (b) application for approval, consent or agreement required by a condition specified in a masterplan consent area scheme.

• (2) Subject to paragraphs (3) to (5), a planning authority may—

• (a) require payment of a charge in respect of costs related to the making or alteration of a masterplan consent area scheme from a person making an application for approval, consent or agreement required by a condition specified in the masterplan consent area scheme,

• (b) charge a fee in respect of an application for approval, consent or agreement required by a condition specified in the masterplan consent area scheme.

• (3) A planning authority may only charge fees under paragraph (2) after the publication of information setting out—

• (a) how the fee or charge, as the case may, is to be calculated,

• (b) under what circumstances the planning authority may waive or reduce the fee or charge, and

• (c) in the case of a charge payable under paragraph (2)(a) when the charge is to be paid.

• (4) The information published by a planning authority under paragraph (3) must be published on the planning authority’s website.

• (5) A charge payable under paragraph (2)(a) may only relate to recovery by the planning authority of the cost of preparing and making, or as the case may be, altering, the masterplan consent area scheme.

• (6) Where a planning authority requires payment of a charge under paragraph (2)(a) in respect of the costs related to the preparation, making or alteration of a masterplan consent area scheme, the planning authority must as soon as practicable after all the charges payable in respect, as the case may be, of the preparation, making or alteration of the scheme have been paid, publish a statement to that effect on the internet.

Waiving or reducing of fees

Applications where a surcharge is payable - retrospective applications

Planning permission granted in principle on or after 1 April 2022 and before 12 December 2024

6A

Where the application is for the approval, consent or agreement required by a condition imposed on a grant of planning 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 a development within categories 1, 4, 17, or 21 of table 1,

the fee payable under regulation 3 is subject to a maximum of £150,000.

Planning permission granted in principle on or after 12 December 2024 and before 9 June 2025

6B

Where the application is for the approval, consent or agreement required by a condition imposed on a grant of planning 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 a development within categories 1, 4, 17, or 21 of table 1,

the fee payable under regulation 3 is subject to a maximum of £172,856.