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

This document is part of a collection

4. Reduced fees

There are a number of cases where a reduced fee is payable.

4.1 Development crossing planning authority boundaries

4.1.1 Where a development crosses the boundaries between planning authority areas the applicant is required to apply to each authority in whose area parts the land are situated in. However the applicant is not required to pay a fee to each planning authority. Amounts should be calculated separately for each application, in the normal way, and then added together. The applicant pays this amount or they pay - if less - an amount equal to 150% of the fee they would have paid had they been able to make one application. The fee is paid to the authorities as per the proportion of the development which occurs in each area.

4.2 Alternative schemes for the development of the same land

4.2.1 In order not to discourage the submission of alternative applications for the same site, there is a reduced fee in those cases where the applications are submitted on the same date and by or on behalf of the same applicant. The concession does not apply to cases where development of different land is involved, where fees should be added together for each application in the normal way. Nor does it apply when a single application relates to the erection of a building where several alternative uses are proposed, where the normal fee for the erection of that building would be payable. However, where other alternatives are submitted, for example where alternative positions on a site are envisaged or where alternative designs or forms of development or alternative uses for an existing building are proposed, the concession will apply.

4.2.2 The reduced fee applies regardless of whether the alternative proposals are contained in one or several application forms, providing that in the latter case all the forms are submitted on the same date. It applies to full planning permission, planning permission in principle and to applications for the approval of matters specified in conditions. Fees should be calculated separately and in the normal way for each of the alternatives. The total fee payable is then calculated by adding to the highest of these separate accounts half the sum of the other separate amounts.

4.3 Community councils

4.3.1 There is a reduced fee for applications made by or on behalf of community councils (this also applies to their advertisement applications). The fee is half of whatever would be the normal fee for the application in question.

4.4 Playing fields

4.4.1 Applications by not for profit clubs, or other not for profit sporting or recreational organisations, relating to playing fields for their own use are charged a flat rate fee £600. The fee applies to applications including for the change of use to use as playing fields together with associated operations (such as earth-moving, draining or levelling) but does not extend to the erection of buildings containing floor space. Playing fields would include football, hockey or cricket pitches, but not squash courts, tennis courts or golf courses.

4.5 Approval of matters specified in conditions

4.5.1 Paragraphs 7.5.1 to 7.5.4 set out how the fees for applications for approval of matters specified in conditions should be calculated. Where the maximum fee has been reached through cumulative applications a flat rate fee of £500 is payable for each subsequent application.

4.6 Conservation areas

4.6.1 Where an application is required to be made only because the right to carry out development permitted by the GPDO has been removed due to the proposed development occurring within a Conservation Area then the fee which would be due to be paid is to be reduced by 25%.

4.7 Waiving or reducing fees

4.7.1 Regulation 5 provides that an authority may waive or reduce any planning fees that would otherwise be payable under the Regulations. An authority may only waive or reduce a fee if it has published a charter setting out the circumstances in which they will waive or reduce fees. This could be, for example, where an authority wishes to seek to encourage certain types of development in order to meet a policy objective/outcome, where the viability of development would otherwise be significantly and demonstrably affected, or where the type of development was not envisaged or provided for by the Regulations.

4.7.2 If such a Charter is published, it must include where the application relates to development which in the opinion of the authority, has the primary purpose of contributing to a not for profit enterprise or a social enterprise; and where the application relates to development which in the opinion of the planning authority, is likely to contribute to improving the health of residents of the area to which the application relates. As outlined above it is up to authorities to determine what types of development shall fall into these categories. If a planning authority waives or reduces any planning fee, it must include its reasons for doing so in the decision notice issued under regulation 28 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 in respect of the relevant application.



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