The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2002

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SCOTTISH STATUTORY INSTRUMENTS

2002 No. 122

TOWN AND COUNTRY PLANNING

The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2002

	Made	11th March 2002
	Coming into force	1st April 2002

Citation, commencement, interpretation and application

- (1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002.

(2) in these Regulations "the principal Regulations" means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1997[

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

(2) In regulation 12-

(a) in paragraph (5)(b) for "Ł105" there shall be substituted "Ł110"; and

(b) in paragraph (6) for the words from "Ł210" to "Ł10,500" there shall be substituted "Ł220 for each dwellinghouse, subject to a maximum of Ł11,000".

    (3) In regulation 13(1) for "Ł40" there shall be substituted "Ł42".

    (4) In regulation 14(2) for "Ł105" there shall be substituted "Ł110".

     3. In the Schedule to the principal Regulations-

(a) in paragraphs 4(1) and 5(2) and (3)(b) for "Ł210" there shall be substituted "Ł220";

(b) in paragraphs 6 and 7(b) for "Ł105" there shall be substituted "Ł110"; and

(c) in paragraph 14 for the words from "Ł210" to "Ł5,250" there shall be substituted "Ł220 for each 0.1 hectares of the site area, subject to a maximum of Ł5,500".

4. In place of the Table contained in the Schedule to the principal Regulations there shall be substituted the Table contained in the Schedule to these Regulations.

Savings
5. These Regulations shall not affect the principal Regulations in so far as they apply to-

(a) any application or deemed application referred to at regulation 1(2)(a) of the principal Regulations made before 1st April 2002;

(b) any deemed application for planning permission in connection with an enforcement notice issued before 1st April 2002.

MARGARET CURRAN
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
11th March 2002

SCHEDULE

Regulation 4

"TABLE SCALE OF FEES ON AND AFTER 1 APRIL 2002

1	2
(Category of development)	(Fee Payable)
I. Operations
1. The erection of dwellinghouses (other than development within category 5).	Where the application is for- (a) outline planning permission, Ł220 for each 0.1 hectare of the site area, subject to a maximum of Ł5,500; or for one dwellinghouse, Ł220; (b) other than outline planning permission, Ł220 for each dwellinghouse to be created by the development, subject to a maximum of Ł11,000.
2. The erection of buildings (other than buildings coming within category 1, 3, 4 or 6).	Where the application is for- (a) outline planning permission, Ł220 for each 0.1 hectare of the site area, subject to a maximum of Ł5,500; (b) other than outline planning permission- (i) where no floor space is to be created by the development, Ł110; (ii) where the area of gross floor space to be created by the development does not exceed 40 square metres, Ł110; (iii) where the area of gross floor space to be created by the development exceeds 40 square metres but does not exceed 75 square metres, Ł220; and (iv) where the area of gross floor space to be created by the development exceeds 75 square metres, Ł220 for each 75 square metres, subject to a maximum of Ł11,000.
3. The erection on land used for the purposes of agriculture, of those works, structures or buildings excluded by virtue of paragraph 2(d) of Class 18 in Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 from that class (other than buildings coming within category 4).	(a) Where the application is for outline planning permission, Ł220 for each 0.1 hectare of the site area, subject to a maximum of Ł5,500; (b) in all other cases- (i) where the ground area to be covered by the development exceeds 465 square metres but does not exceed 540 square metres, Ł220; (ii) where the ground area to be covered by the development exceeds 540 square metres, Ł220 for the first 540 square metres and Ł220 for each 75 square metres in excess of that figure, subject to a maximum of Ł11,000.
4. 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.	Where the ground area to be covered by the development exceeds 465 square metres, Ł1,255.
5. The erection, alteration or replacement of plant or machinery	Ł220 for each 0.1 hectare of the site area, subject to a maximum of Ł11,000.
6. The enlargement, improvement or other alteration of existing dwellinghouses.	(a) Where the application relates to one dwellinghouse, Ł110; (b) where the application relates to 2 or more dwellinghouses, Ł220.
7. (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.	Ł110.
8. Ł220 for each 0.1 hectare of the site area, subject to a maximum of Ł16,500.
9. The carrying out of any operations not within categories 1 to 8.	In the case of operations for- (a) the winning and working of minerals, Ł110 for each 0.1 hectare of the site area, subject to a maximum of Ł16,500; (b) the winning and working of peat, Ł110 for each hectare of the site area, subject to a maximum of Ł1,650; (c) any other purpose, Ł110 for each 0.1 hectare of the site area, subject to a maximum of Ł1,100.
II. Uses of Land
10. The change of use of a building to use as one or more separate dwellinghouses.	Ł220 for each additional dwellinghouse to be created by the development, subject to a maximum of Ł11,000.
11. (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.	Ł110 for each 0.1 hectare of the site area, subject to a maximum of Ł16,500.
12. The making of a material change in the use of a building or land, other than a material change of use within category 10 or 11.	Ł220.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1997 ("the principal Regulations"), as amended by the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2000, which make provision for the payment of fees to planning authorities in respect of-

The effect of these Regulations is that all fees currently payable under the principal Regulations as amended are increased by approximately 5% which is to apply on and after 1st April 2002. Replacement scales of fees are set out for the period commencing on 1st April 2002 in the table contained in the Schedule which replaces the Schedule contained in the principal Regulations as amended.

[1] 1997 c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] S.I. 1997/10, amended by S.S.I. 2000/150.back

ISBN 0 11061184 5

Prepared 21 March 2002

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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020122.html