
1 

(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1993.
(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 (No.2) Regulations 1992.
(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 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) of the Town and Country Planning (Scotland) Act 1972 in connection with an enforcement notice issued on or after the date on which these Regulations come into force.
(5) These Regulations extend to Scotland only.
2 

(1) The principal Regulations shall be amended in accordance with this regulation.
(2) In the principal Regulations in relation to fees due in respect of applications or deemed applications made—
(a) before 3rd January 1995—
(i) in regulation 11A paragraphs (5)(b) and (6) for “£51” there shall be substituted “£58” and in paragraph (6) for “£101” there shall be substituted “£116” and for “£5,050” there shall be substituted “£5,800”;
(ii) in regulation 11B(1) for “£22” there shall be substituted “£25”;
(iii) in regulation 12(2) for “£51” there shall be substituted “£58”;
(b) on and after 3rd January 1995—
(i) in regulation 11A paragraph (5)(b) for “£58” there shall be substituted “£67” and in paragraph (6) for “£116” there shall be substituted “£133” and for “£5,800” there shall be substituted “£6,650”;
(ii) in regulation 11B(1) for “£25” there shall be substituted “£29”;
(iii) in regulation 12(2) for “£58” there shall be substituted “£67”.
3 
In the Schedule to the principal Regulations in relation to fees due in respect of applications or deemed applications made—
(a) before 3rd January 1995—
(i) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for “£101” there shall be substituted “£116”;
(ii) in paragraph 7 for “£51” there shall be substituted “£58”;
(iii) in paragraph 7A(b) for “£51” there shall be substituted “£58”;
(iv) in paragraph 16 for “£2,525” there shall be substituted “£2,900”; and
(v) for the table there shall be substituted the table set out in Schedule 1 to these Regulations.
(b) on and after 3rd January 1995—
(i) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for “£116” there shall be substituted “£133”;
(ii) in paragraph 7 for “£58” there shall be substituted “£67”;
(iii) in paragraph 7A(b) for “£58” there shall be substituted “£67”;
(iv) in paragraph 16 for “£2,900” there shall be substituted “£3,325”;
(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.
4 

(1) In regulation 12(3) of the principal Regulations (Fees for applications for consent for advertisements) after the words “litter bins” there shall be inserted the words “public seating benches”.
(2) With effect on or after 3rd January 1995 in paragraph (6) of regulation 11A of the principal Regulations the words “, or £58 for each dwellinghouse if the use is established,” shall be deleted.
5 

(1) Subject to paragraph (2) of this regulation, regulation 2 of the amendment Regulations is hereby revoked.
(2) Regulation 2 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 the date on which these Regulations come into force.
(3) With effect on and after 3rd January 1995 paragraphs (7) and (13) of regulation 11A of the principal Regulations shall be revoked.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
16th December 1993
SCHEDULE 1
Regulation 3(a)(v)
“

TABLE
1 2
(Category of developments) (Fee payable)

I 
Operations

1 
The erection of dwellinghouses (other than development within category 5). Where the application is for—
(a) outline planning permission, £116 for each 0.1 hectare of the site area, subject to a maximum of £2,900, or for one dwellinghouse, £116;
(b) other than outline planning permission, £116 for each dwellinghouse to be created by the development, subject to a maximum of £5,800.

2 
The erection of buildings (other than buildings coming within category 1, 3 or 5). Where the application is for—
(a) outline planning permission, £116 for each 0.1 hectare of the site area, subject to a maximum of £2,900;
(b) other than outline planning permission—
(i) where no floor space is to be created by the development, £58;
(ii) where the area of gross floor space to be created by the development does not exceed 40 square metres, £58;
(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, £116; and
(iv) where the area of gross floor space to be created by the development exceeds 75 square metres, £116 for each 75 square metres, subject to a maximum of £5,800.

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. 
(a) Where the application is for outline planning permission, £116 for each 0.1 hectare of the site area, subject to a maximum of £2,900;
(b) in all other cases—
(i) where the area of gross floor space to be created by the development does not exceed 465 square metres, £25;
(ii) where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £116;
(iii) where the area of gross floor space to be created by the development exceeds 540 square metres, £116 for the first 540 square metres and £116 for each 75 square metres in excess of that figure, subject to maximum of £5,800.

4 
The erection, alteration or replacement of plant or machinery. £116 for each 0.1 hectare of the site area, subject to a maximum of £5,800.

5 
The enlargement, improvement or other alteration of existing dwellinghouses. 
(a) Where the application relates to one dwellinghouse, £58;
(b) where the application relates to 2 or more dwellinghouses, £116.

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 constructions 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. £58.

7 
The carrying out of any operations connected with exploratory drilling for oil or natural gas. £116 for each 0.1 hectare of the site area, subject to a maximum of £8,700.

8 
The carrying out of any operations not within categories 1 to 7. In the case of operations for—
(a) the winning and working of minerals, £58 for each 0.1 hectare of the site area, subject to a maximum of £8,700;
(b) the winning and working of peat, £58 for each hectare of the site area, subject to a maximum of £870;
(c) any other purpose, £58 for each 0.1 hectare of the site area, subject to a maximum of £580.

II 
Uses of Land
9 
The change of use of a building to use as one or more separate dwellinghouses. £116 for each additional dwellinghouse to be created by the development, subject to a maximum of £5,800.

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. £58 for each 0.1 hectare of the site area, subject to a maximum of £8,700.

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. £116.”
SCHEDULE 2
Regulation 3(b)(v).
“

TABLE
1 2
(Category of developments) (Fee Payable)

I 
Operations

1 
The erection of dwellinghouses (other than development within category 5). Where the application is for—
(a) outline planning permission, £133 for each 0.1 hectare of the site area, subject to a maximum of £3,325; or for one dwellinghouse, £133;
(b) other than outline planning permission, £133 for each dwellinghouse to be created by the development, subject to a maximum of £6,650.

2 
The erection of buildings (other than buildings coming within category 1, 3 or 5). Where the application is for—
(a) outline planning permission, £133 for each 0.1 hectare of the site area, subject to a maximum of £3,325;
(b) other than outline planning permission—
(i) where no floor space is to be created by the development, £67;
(ii) where the area of gross floor space to be created by the development does not exceed 40 square metres, £67;
(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, £133; and
(iv) where the area of gross floor space to be created by the development exceeds 75 square metres, £133 for each 75 square metres, subject to a maximum of £6,650.

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. 
(a) Where the application is for outline planning permission, £133 for each 0.1 hectare of the site area, subject to a maximum of £3,325;
(b) in all other cases—
(i) where the area of gross floor space to be created by the development does not exceed 465 square metres, £29;
(ii) where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £133;
(iii) where the area of gross floor space to be created by the development exceeds 540 square metres, £133 for the first 540 square metres and £133 for each 75 square metres in excess of that figure, subject to a maximum of £6,650.

4 
The erection, alteration or replacement of plant or machinery. £133 for each 0.1 hectare of the site area, subject to a maximum of £6,650.

5 
The enlargement, improvement or other alteration of existing dwellinghouses. 
(a) Where the application relates to one dwellinghouse, £67;
(b) where the application relates to 2 or more dwellinghouses, £133.

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. £67.

7 
The carrying out of any operations connected with exploratory drilling for oil or natural gas. £133 for each 0.1 hectare of the site area, subject to a maximum of £10,050.

8 
The carrying out of any operations not within categories 1 to 7. In the case of operations for—
(a) the winning and working of minerals, £67 for each 0.1 hectare of the site area, subject to a maximum of £10,050;
(b) the winning and working of peat, £67 for each hectare of the site area, subject to a maximum of £1,005;
(c) any other purpose, £67 for each 0.1 hectare of the site area, subject to a maximum of £670.

II 
Uses of Land

9 
The change of use of a building to use as one or more separate dwellinghouses. £133 for each additional dwellinghouse to be created by the development, subject to a maximum of £6,650.

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. £67 for each 0.1 hectare of the site area, subject to a maximum of £10,050.

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. £133.”