Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010 and come into force on the day after the day on which they are made.

(2) In these Regulations “the principal Regulations” means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004(2).

Amendment of the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004

2.—(1) The principal Regulations are amended in accordance with paragraphs (2) to (6).

(2) In regulation 12—

(a)in paragraph (5)(b) for “£145” substitute “£160”; and

(b)in paragraph (6) for “£290 for each dwellinghouse, subject to a maximum of £14,500” substitute “£319 for each dwellinghouse, subject to a maximum of £15,950”.

(3) In regulation 13(1) for “£55” substitute “£61”.

(4) In regulation 14(2) for “£145” substitute “£160”.

(5) In the Schedule to the principal Regulations (fees in respect of applications and deemed applications for planning permission or for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle)—

(a)for paragraph 2 substitute—

“2.  Subject to paragraphs 3 to 10, the fee payable under regulation 3 or regulation 10 for a category of development is to be calculated in accordance with the appropriate entry specified in column 2 of the Table and paragraphs 11 to 14.”;

(b)in paragraphs 4(1), 5(2) and 5(3)(b) for “£290” substitute “£319”;

(c)in paragraphs 6 and 7(b) for “£145” substitute “£160”;

(d)in paragraph 10A for “8A” substitute “9”;

(e)in paragraph 12(4) for “12” substitute “13”; and

(f)in paragraph 14 for—

(i)“£290” substitute “£319”; and

(ii)“£6000” to the end of the paragraph substitute “£7,975”.

(6) For the Table (and the heading thereto) contained in Part III (scales of fees etc) of the Schedule to the principal Regulations substitute the Table (and the heading) contained in the Schedule to these Regulations.

Savings

3.  Notwithstanding the amendment of the principal Regulations by regulation 2, the principal Regulations shall continue to apply in respect to any application or deemed application referred to at regulation 1(2) of the principal Regulations made or deemed to be made before the date on which these Regulations come into force as they did immediately before these Regulations came into force.

Regulation 2(6)

SCHEDULE

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 2004 (“the principal Regulations”), which make provision for the payment of fees to planning authorities.

The effect of these Regulations is that, with the exception of fees for marine fish farming, all fees currently payable under the principal Regulations are increased by approximately 10%. The increase applies from the date after the day on which the Regulations are made. Replacement scales of fees are set out in the table contained in the Schedule to these Regulations.