Planning Circular 2/2022 The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022
This Circular provides guidance on the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 and replaces Circulars 1/2004 and 2/2013
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2. Scope of fees
2.1.1 The fees regulations apply to:
- applications for planning permissions;
- approval of matters specified in conditions which relate to a grant of planning permission in principle;
- applications for consent to display advertisements;
- applications arising from certificates of lawful use or development; and
- certain applications for the determination as to whether prior approval of a planning authority is required.
2.1.2 Authorities have the discretion to introduce charges for:
- the variation, discharge or approval of conditions attached to a grant of planning permission;
- discussions undertaken in advance of the submission of an application;
- a non-material variation of a planning consent; and
- a surcharge for applications where development has already taken place ("retrospective applications").
2.1.3 The fees regulations do not apply to any other type of application. In particular there are no fees for:
- applications for listed building consent;
- applications for certificates of appropriate alternative development; or
- applications to lop or fell trees subject to tree preservation orders.
2.1.4 The provisions for fees in the Regulations take effect from 1 April 2022 and fees at the levels prescribed in the Regulations are payable for applications made on or after that date. Where an application for approval of matters specified in conditions is made relating to a grant of planning permission in principle which was granted prior to 1st April 2022 and the maximum fee of £125,000 has already, through cumulative applications, been exceeded then the standard application fee of £500 is applicable (only applies to development within categories 1, 4, 17, or 21 of table 1).
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