The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1994

• Citation: S.I. 1994/3269
• Sections: 33

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 1994.

(2) These Regulations shall come into force on 3rd January 1995.

(3) In these Regulations—

(a) “the principal Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1990 ; and

(b) “the amendment Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1993 .

(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 is made on or after 3rd January 1995; 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 in connection with an enforcement notice issued on or after 3rd January 1995.

(5) These Regulations extend to Scotland only.

Section 2 General increase

(1) The principal Regulations shall be amended in accordance with this and the following regulations.

(2) In the principal Regulations in relation to fees due in respect of applications made, or applications deemed to be made in connection with an enforcement notice issued—

(a) before 3rd July 1995—

(i) in regulation 11A , paragraph (5)(b) for “£67” there shall be substituted “£70” and in paragraph (6) for “£133” there shall be substituted “£140” and for “£6,650” there shall be substituted “£7,000”; and

(ii) in regulation 12(2) for “£67” there shall be substituted “£70”; and

(b) on and after 3rd July 1995—

(i) in regulation 11A, paragraph (5)(b) for “£70” there shall be substituted “£80” and in paragraph (6) for “£140” there shall be substituted “£160” and for “£7,000” there shall be substituted “£8,000”; and

(ii) in regulation 12(2) for “£70” there shall be substituted “£80”.

Section 3 General increase

In the Schedule to the principal Regulations in relation to fees due in respect of applications made, or applications deemed to be made in connection with an enforcement notice issued,—

(a) before 3rd July 1995—

(i) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for “£133” there shall be substituted “£140”;

(ii) in paragraph 7 for “£67” there shall be substituted “£70”;

(iii) in paragraph 7A(b) for “£67” there shall be substituted “£70”;

(iv) in paragraph 16 for “£3,325” there shall be substituted “£3,500”; and

(v) for the table there shall be substituted the table set out in Schedule 1 to these Regulations; and

(b) on and after 3rd July 1995—

(i) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for “£140” there shall be substituted “£160”;

(ii) in paragraph 7 for “£70” there shall be substituted “£80”;

(iii) in paragraph 7A(b) for “£70” there shall be substituted “£80”;

(iv) in paragraph 16 for “£3,500” there shall be substituted “£4,000”; and

(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.

Section 4 Fees for certain applications under the General Permitted Development Order

For regulation 11B(1) of the principal Regulations there shall be substituted—

Where an application is made to a planning authority for their determination as to whether the prior approval of the authority will be required in relation to development under Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 a fee shall be paid to that authority of £25 (in respect of applications made before 3rd July 1995) and £30 (in respect of applications made on and after 3rd July 1995).

Section 5 Revocations and savings

(1) Subject to paragraph (2) of this regulation, regulations 2 and 3 of the amendment Regulations are hereby revoked.

(2) Regulations 2(2)(a) and 3(a) 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 3rd January 1995.

I

Operations

II

Uses of Land

Section 1

The erecyion of swellinghouses (other than development within category 5).

Section 2

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

Section 3

The erection on land used for the purposes of agriculture, of those buildings excluded by virtue of paragraph 2(d) of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (other than buildings coming within category 3A).

Section 3A

The erection on land used for the purposes of agriculture of glassgouses excluded by virtue of paragraph 2(d) of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

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 dwellinghoue, 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.

I

Operations

II

Uses of Land

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, 3A or 5).

Section 3

The erection on land used for the purposes of agriculture, of those buildings excluded by virtue of paragraph 2(d) of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (other than buildings coming within category 3A).

Section 3A

The erection on land used for the purposes of agriculture, of glasshouses excluded by virtue of paragraph 2(d) of Class 18 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

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 of 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.