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

• Citation: S.I. 1990/2474
• Sections: 15

Section 1 Citation, commencement, interpretation, application and extent

(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 .

(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 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.

Section 2 General increase in fees

(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.

Section 3 Miscellaneous amendments

(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.

Section 1

The erection of dwellinghouses (other than development within category 5).

Section 2

The erection of buildings (other than buildings coming within category 1, 3 or 5).

Section 3

The erection on land used for the purposes of agriculture, of those buildings excluded by virtue of subparagraph (c) in paragraph (1) of class V in Schedule 1 to the General Development Order from that class.

Section 4

The erection, alteration or replacement of plant or machinery.

Section 5

The enlargement, improvement or other alteration of existing dwellinghouses.

Section 6

(a) The carrying out of operations, including the erection of a building, within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such;

(b) the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse; or

(c) the construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.

Section 7

The carrying out of any operations connected with exploratory drilling for oil or natural gas.

Section 8

The carrying out of any operations not within categories 1 to 7.

Section 9

The change of use of a building to use as one or more separate dwellinghouses.

Section 10

(a) The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land; or

(b) the use of land for the storage of minerals in the open.

Section 11

The making of a material change in the use of a building or land, other than a material change of use within category 9 or 10.

Section 12

The continuance of a use of land, or the retention of buildings or works on land, without compliance with a condition subject to which a previous planning permission has been granted, including a condition requiring the discontinuance of the use or the removal of the building or works at the end of a specified period.