The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1991

• Citation: S.I. 1991/2765
• Sections: 16

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 1991.

(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 ; 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 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 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 served, 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 “£39” there shall be substituted “£46”.

(3) In the Schedule to the principal Regulations–

(a) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for “£77” there shall be substituted “£92”;

(b) in paragraph 7 for “£39” there shall be substituted “£46”;

(c) in paragraph 16 for “£1,925” there shall be substituted “£2,300”; 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 10–

(a) in paragraph (1), for “paragraph (6)” substitute “paragraphs (3) and (6)”;

(b) in paragraph (2) for “paragraph (4)” substitute “paragraphs (3) and (4)”;

(c) for paragraph (3) substitute the following paragraph:–

(3)

(a) This paragraph applies where an application is deemed to have been made by virtue of section 85(7) of the 1972 Act;

(b) where this paragraph applies–

(i) a fee shall be paid in respect of the application by every person who has made a valid appeal against the relevant enforcement notice;

(ii) the fee payable shall be twice the fee calculated in accordance with the Schedule;

(iii) half the fee shall be paid to the Secretary of State and the other half shall be paid to the planning authority which served the relevant enforcement notice.

(d) in sub-paragraph (4)(ii) for “the Schedule” substitute “paragraph (3)”.

(3) In paragraphs (1) and (3)(a) of regulation 11, omit “by the Secretary of State”.

(4) Paragraph 5 of the Schedule shall be omitted.

Section 4 Revocation and saving

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

(2) The regulation referred to in paragraph (1) shall continue to have effect in relation to applications referred to in regulation 1(4)(b) of the amendment Regulations deemed to have been made in connection with an enforcement notice served, or, as the case may be, an application for an established use certificate made, before the date on which these Regulations come into force.

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 sub-paragraph (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.