Planning circular 3/2025: fees for local reviews and appeals

Planning Circular 3/2025 - Planning Fees for Local Reviews and Appeals

1. Introduction

1.1.1 This Circular provides guidance on the Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025 (‘the Appeal Fees Regulations’) and the Town and Country Planning (Fees for Local Reviews) (Scotland) Regulations 2025 (‘the Local Review Fees Regulations’). Where the reference is to both sets of regulations, ‘the Regulations’ is used.

1.1.2 The Regulations take effect on 9 June 2025 and apply to any notice of local review or appeal submitted on or after 9 June 2025.

2. Scope of fees

2.1.1 The Appeal Fees Regulations apply to appeals relating to decisions on applications for:

• planning permission & planning permission in principle;
• approval of matters specified in conditions which relate to a grant of planning permission in principle;
• consent to display advertisements;
• certificates of lawful use or development;
• for the determination as to whether prior approval of a planning authority is required; and
• hazardous substances consent.

2.1.2 The Local Review Fees Regulations apply to local reviews relating to decisions on applications for:

• planning permission & planning permission in principle; and
• approval of matters specified in conditions which relate to a grant of planning permission in principle.

2.1.3 The fees at the levels prescribed in the Regulations are payable for appeals made and local reviews sought on or after 9 June 2025.

2.1.4 The Regulations do not apply to:

• an appeal or local review submitted on the basis of non-determination of a planning application by a planning authority;
• listed building consent appeals;
• conservation area consent appeals;
• certificates of appropriate alternative development appeals; and
• appeals in relation to the proposed lopping or felling trees subject to tree preservation orders.

2.1.5 The regulations do not specify that no fee is payable in respect of a local review or appeal on the grounds of non-determination, this is due to local reviews and appeals on non-determination being carried out under Section 47(2) as opposed to Section 47(1) of the Town and Country Planning (Scotland) Act 1997 and therefore the local review and appeal fee regulations do not apply.

3. Annual Inflation Linked Increase

3.1.1 It is the intention that fees for Appeals and Local Reviews will be increased annually in line with the Consumer Price Index for the previous calendar year.

4. Exemptions

The Regulations provide for exemptions from fees for appealing or submitting a notice of review. This includes:

• Access for disabled persons (see paragraph 4.1.1 below)
• Where permitted development rights are removed by way of an Article 4 Direction (see paragraph 4.2.1 below)
• Where permitted development rights are removed by a condition imposed on a planning permission (see paragraph 4.3.1 below)
• Advertisements - disapplication of deemed consent
• Use specified in the Town and Country Planning (Use Classes) (Scotland) Order 1997
• To an appeal in respect of an application for permission to carry out development consisting of the winning and working of minerals where the application:
  • is for a permission which consolidates two or more subsisting permissions, or;
  • does not seek permission for development which is not authorised by a subsisting permission.

4.1 Means of access for disabled people

4.1.1 Appeals or local reviews related to applications to:

a) alter or extend an existing dwellinghouse, or to carry out operations within the curtilage of an existing dwellinghouse, are exempt from payment of a fee if Scottish Ministers or the LRB (as relevant) are satisfied that the proposed development relates solely to operations to provide a means of access for or improve the safety, health or comfort of, a disabled person who resides or proposes to reside in the dwellinghouse. The exemption does not apply to the erection of a new dwellinghouse; or

b) for providing means of access for disabled persons to or within a building or premises to which members of the public are admitted. The exemption is not confined to those buildings where there is a statutory obligation to provide such access.

4.2 Article 4 directions

4.2.1 The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the GPDO”) grants planning permission for specified types of development, meaning they can be carried out without a planning application having to be submitted to, and approved by, the planning authority. These national grants of planning permission are sometimes referred to as permitted development rights (PDRs). An ‘Article 4 direction’ removes PDRs for particular types of development within the area covered by the Direction.

4.2.2 No fee is payable for a planning appeal or notice of review where Scottish Ministers or the LRB (as relevant) are satisfied that the proposed development would have been permitted development under the terms of the GPDO had it not been for the existence of an Article 4 direction.

4.3 Planning conditions removing permitted development rights and rights under the use classes order

4.3.1 No fee is payable for a planning appeal or notice of review where Scottish Ministers or the LRB (as relevant) are satisfied that the application was required to be made only because the right to carry out development permitted by the GPDO has been removed by a condition attached to a planning permission. Similarly, no fee is payable where the application was only necessary because the right to make a change of use within a class of the Use Classes Order has been removed by a condition attached to a planning permission.

5. Reduced fees

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

5.1 Community councils

5.1.1 There is a reduced fee for appeals made or local reviews sought 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.

5.2 Playing fields

5.2.1 Appeals or local reviews made by not for profit clubs, or other not-for-profit sporting or recreational organisations, relating to applications for playing fields or other related operations for their own use are charged a flat rate fee of £286. 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.

5.3 Waiving or reducing fees

5.3.1 A planning authority or Scottish Ministers may waive or reduce any local review or appeal fee that would otherwise be payable under the Regulations. They may only do so if they have published a charter setting out the circumstances in which they will consider waiving or reducing fees. This could be, for example, where a planning authority or Scottish Ministers wish to seek to encourage certain types of development in order to meet a policy objective/outcome, where the viability of a development would otherwise be significantly and demonstrably affected, or where the type of development is not envisaged or specifically provided for by the Regulations.

5.3.2 If such a charter is published, it must include circumstances where the local review or appeal relates to development which in the opinion of the planning authority/Scottish Ministers, either has the primary purpose of contributing to a not for profit enterprise or a social enterprise; or is likely to contribute to improving the health of residents of the area to which the review/appeal relates. As outlined above it is up to planning authorities / Scottish Ministers to determine what types of development fall into these categories. If a planning authority or Scottish Ministers waive or reduce any planning fee, they must include reasons for doing so in any decision notice.

6. Collection of fees

6.1 Payment

6.1.1 Payment for local reviews or appeals to planning authorities and Scottish Ministers, via the Planning and Environmental Appeals Directorate should accompany the appeal or notice of review when it is lodged. The fee should be calculated on the basis of the proposed development in the Decision Letter issued by the planning authority.

6.1.2 The planning authority or Scottish Ministers should not reject a request for a review or appeal on the grounds that the correct fee has not been paid. However, they are not obliged to determine a review or appeal until the correct fee has been paid.

6.2 Checking, refunds and adjustments

6.2.1 The Regulations do not provide for the refund of correct fees paid for valid local reviews or appeals, but refunds of any sums not required by the Regulations can be made at any stage. The fee should always be calculated on the basis of the proposed development on which the decision was made.

6.3 Disputes

6.3.1 If there is a disagreement between the applicant/appellant and the planning authority or Scottish Ministers about the amount of the fee payable, the planning authority or Scottish Ministers should seek to resolve the dispute with the applicant/appellant with as little delay to the processing of the local review or appeal as possible. There is no formal disputes procedure laid down in the Regulations and the ultimate recourse is to the courts.

6.4 Decision Letters

6.4.1 Regulation 28(4) of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (DMR) as amended states that where a decision on any application is made to refuse or to approve subject to conditions, the decision notice must be accompanied by either:

• notification of the right to a local review by the planning authority (Form 1 of schedule 6 to the DMR); and
• a statement drawing attention to information on how to seek a local review: or
• notification of the right to appeal to the Scottish Ministers (Form 2 of schedule 6 to the DMR; and
• a statement drawing attention to where to find out more information on how to make an appeal.

6.4.2 It would also be helpful for the decision notice to include a description of any variation to the application agreed by the planning authority under section 32A of the Act.

6.4.3 To assist appellants to calculate the relevant fee when submitting a local review or appeal, it may be helpful for decision notices to refer to the fee category/ies used to calculate the application fee. It is hoped that investing time in including this information will save planning authorities and Scottish Ministers time in having to request additional payments or to provide refunds to appellants.

7. Calculation of fees

7.1 Site area and floor space

7.1.1 Wherever a fee is based on the site area, the site area is defined as the area to which the application (as varied, if any variation was agreed under s32A of the Act) relates; that is to say, the land proposed to be developed including any which changes its use as part of the development. This will normally be shown edged in red on the plan that accompanied the application.

7.1.2 Wherever a fee is based on floor space, the floor space is taken to be the gross floor space (all storeys) to be created by the development shown in the application (as varied, if any variation was agreed). For fees purposes this measurement is an external measurement, and includes the thickness of external and internal walls. Floor space does not include other areas inside a building which are not readily usable by humans or animals, e.g. lift shafts, tanks, loft spaces.

7.1.3 Where buildings featuring or comprising canopies are concerned, there can be no simple rule as to whether floor space is being created by the erection of the canopy, but the absence of external walls is not the determining factor. Petrol filling station canopies are, for example, unlikely to create floor space, but a Dutch barn or other covered storage area would do.

7.1.4 Where floor space or site area (as the case may be) is not an exact multiple of the unit of measurement provided by the fees scale, the amount remaining is taken to be a whole unit for fees purposes. For advice on common floor space in mixed development see paragraphs 9.1.1 to 9.1.3.

7.1.5 The fee is always determined on the basis of the application that is the subject of the local review or appeal – i.e. taking account of any variation of the application agreed by the planning authority under s32A of the Act before the decision on the application was made.

7.2 Buildings on the site of demolished buildings

7.2.1 If the proposal is to demolish an existing building and to rebuild on the same site the fee payable will be based on the area of the new building. If, for example, it were proposed to demolish a factory with 1,000 sqm of floor space and to erect one in its place of 2,000 sqm, the fee payable would be for the total floor space created by the new development i.e. 2,000 sqm.

7.3 Dwellinghouses

7.3.1 The Regulations define "dwellinghouse" for fees purposes as "a building or part of a building which is used as a single private dwellinghouse, and for no other purpose"; this differs from the GPDO definition, and includes a flat.

7.3.2 Fee calculations can be affected:

a) by whether existing accommodation involved in a proposal already amounts to a dwellinghouse, and

b) by whether accommodation to be created (e.g. by erection or change of use) will amount to a dwellinghouse.

7.3.3 Not included is anything which is not a building - e.g. a caravan.

7.4 Planning permission in principle

7.4.1 Local reviews or appeals relating to planning permission in principle are charged on the following basis:

7.4.2 Residential development

• Where only one dwellinghouse is to be created, £286
• Where more than one dwellinghouse is to be created and the site area does not exceed 2.5 hectares the fee is £286 for each 0.1 hectare up to 2.5 hectares of the site area.
• Where the site area exceeds 2.5 hectares the fee is £286 for each 0.1 hectare up to 2.5 hectares of the site area and then £143 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum of £35,712

7.4.3 Non-residential buildings

• £286 for each 0.1 hectare up to 2.5 hectares of the site area, and then £143 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum of £35,712.

7.5 Approvals of matters specified in conditions

7.5.1 Where a local review or appeal relates to an application for Approval of Matters Specified in Conditions and the fee payable to the planning authority for the current application was that as set out by paragraph 10(3) of schedule 1 of the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 as amended (the maximum fee has already been achieved and the standard fee now applies to each AMSC application), the fee payable for the local review or appeal is £238.

7.5.2 In all other cases, local reviews or appeals for approval of matters specified in conditions on a planning permission in principle granted before 9 June 2025, and that relate to development of: new dwellings; new buildings (except agricultural buildings, glasshouses or polytunnels); operations not falling within categories 1 to 16, or; the material change of use of a building other than to one or more dwellinghouses, the fee payable is calculated on basis of the figures in Table 1 in Part 3.

7.5.3 Where the planning permission in principle was granted before 9 June 2025 and where the application relates to development within categories 1, 4 (etc), the appeal/review fee is subject to a maximum as follows:

• a maximum of £69,142 if the planning permission in principle was granted on or after 12 December 2024 and before 9 June 2025;
• a maximum of £60,000 if the planning permission in principle was granted on or after 1 April 2022 and before 12 December 2024;
• a maximum of £50,000 if the planning permission in principle was granted before 1 April 2022.

8. Categories of fees

The general provisions for fees and the scale of fees are set out in full in Schedule 1 to the Regulations.

8.1 Residential development (category 1)

8.1.1 Local reviews or appeals for the erection of dwellinghouses are charged according to the number of dwellinghouses which are to be created. The rate is:

• £286 per dwellinghouse for each of the first 10 dwelling houses;
• for dwellinghouses between 11-49 the rate is £214 per dwellinghouse; and
• £119 per dwellinghouse for those 50 and above subject to a maximum of £71,424.

8.2 Householder extension and alterations (categories 2 & 3)

8.2.1 A flat rate fee of £143 is charged for a local review or appeal which relates to an application to enlarge, improve, or alter an existing dwellinghouse, or to carry out works within its curtilage which are ancillary to the enjoyment of the dwellinghouse as such. This fee also applies to walls, fences or other enclosures along the boundary of the curtilage. Where a local review or appeal relates to one or more existing dwellinghouses, the rate is £143 per dwellinghouse subject to a maximum of £286. Any application for planning permission in principle for the erection of buildings under these categories will incur the same fees.

8.3 Non-residential building works (category 4)

8.3.1 Local reviews or appeals relating to buildings (other than dwellinghouses, agricultural buildings or glasshouses and polytunnels) are charged as follows:

• Applications for development creating no new floor space, or not more than 50 sqm of new floor space, are charged a fee of £143.
• Where the gross floorspace exceeds 50 sqm but does not exceed 100sqm the fee is £286.
• Where the gross floorspace exceeds 100 sqm it is £286 plus £286 per 100sqm up to 4000 sqm.
• Where the gross floor space exceeds 4000 sqm the fee is £11,440 plus £143 per 100 sqm up to the maximum of £71,424.
• Where no buildings are to be created the fee is £286 per 0.1ha up to a maximum fee of £71,424.

8.4 Agricultural buildings (category 5)

8.4.1 Where a local review or appeal relates to agricultural buildings, are charged at the rate of £238 for the first 500 sqm and then every £238 for each 100 sqm or part thereof, beyond 500 sqm, subject to maximum of £11,904.

8.5 Glasshouses and polytunnels (category 6)

8.5.1 Glasshouses and polytunnels are defined as a building which has not less than three-quarters of its total external area comprised of glass or other translucent material, is designed for the production of flowers, fruit, vegetables, herb or other horticultural produce, and is used, or is to be used, solely for the purposes of agriculture.

8.5.2 A local review or appeal relating to the erection of glasshouse or polytunnels which are to be used for agricultural purposes are to be charged at £48 for each 100 sqm of ground area to be covered by the development subject to a maximum of £2,381.

8.6 Wind turbines (category 7)

8.6.1 A local review or appeal relating to the erection of wind turbines and the carrying out of other operations in connection with the construction of the generating station, including the construction or installation of any means of access to the generating station, pipes or other conduits, and overhead lines.

• Where the number of turbines does not exceed 3 and their height (ground to hub height) does not exceed 15 metres the fee is £595.
• Where one or more of the turbines has a ground to hub height in excess of 15 metres but not 50 metres the fee is £1,190.
• Where one or more to the turbines has a ground to hub height in excess of 50 metres the fee is £2,380.
• Where the number of turbines exceeds 3, the fee is £238 per 0.1ha of the site area up to a maximum of £71,424.

8.7 Hydro-electric generating stations (category 8)

8.7.1 A local review or appeal relating to the erection of hydroelectric generating stations and the carrying out of other operations in connection with the construction of the generating station, including the construction or installation of any means of access to the generating station, pipes or other conduits, and overhead lines. The fee is £238 for each 0.1ha of the site area subject to a maximum of £11,904.

8.8 Solar electric generating stations (category 9)

8.8.1 A local review or appeal relating to the erection of solar electric generating stations and the carrying out of other operations in connection with the construction of the generating station, including the construction or installation of any means of access to the generating station, pipes or other conduits, and overhead lines. The fee is £238 for each 0.1ha of the site area subject to a maximum of £11,904.

8.9 Exploratory drilling for oil or natural gas (category 10)

8.9.1 A local review or appeal relating to on-shore oil or natural gas exploration are charged according to the area of the site at a rate of £476 where the site area does not exceed 0.1ha. Where the site area exceeds 0.1ha the fee is £476 for the first 0.1ha and then £238 per 0.1ha of the site area in excess of 0.1ha up to a maximum of £71,424. For the purposes of calculation of fees for planning applications "exploratory drilling" should be taken to include "appraisal drilling".

8.10 Fish farming (category 11)

8.10.1 A local review or appeal relating to development involving the placing or assembly of equipment in any part of marine waters for the purposes of fish farming are charged a fee based on the surface area of the water and the area of seabed affected. The fee is calculated as £95 for each 0.1ha of the surface area of marine waters to be used in relation to the assembly or placement of any equipment to be used for the purposes of fish farming and £36 for each 0.1 hectare of the sea bed to be used in relation to such development up to a maximum of £11,904.

8.11 Shellfish farming (category 12)

8.11.1 A local review or appeal relating to development involving the placing or assembly of equipment in any part of marine waters for the purposes of shellfish farming are charged a fee based on the surface area of the water affected. The fee is calculated as £52 for each 0.1ha of the surface area of marine waters to be used in relation to the assembly or placement of any equipment to be used for the purposes of shellfish farming up to a maximum of £11,904.

8.12 Plant and machinery (category 13)

8.12.1 A local review or appeal relating to the erection, alteration or replacement of plant or machinery are charged according to the area of the site at a rate of £238 per 0.1 hectare or part thereof, for sites under 5ha. For sites over 5ha the fee is £11,900 plus £119 for each 0.1 ha of the site area in excess of 5 ha up to a maximum of £71,424.

8.13 Access, car parks etc. for existing uses (category 14)

8.13.1 A local review or appeal relating to the construction of service roads, other accesses, or car parks serving an existing use on a site are subject to a flat rate fee of £238.

8.14 Winning and working of minerals (category 15)

8.14.1 A local review or appeal relating to the winning and working of minerals (other than peat) are charged according to the area.

• Where the site area does not exceed 0.1ha the fee is £476.
• Where the site area exceeds 0.1ha the fee is £476 for the first 0.1ha and then £238 per 0.1ha of the site area in excess of 0.1ha up to 15ha.
• Where the site area exceeds 15 ha the fee is £35,938 plus £119 per 0.1ha of site area in excess of 15ha up to a maximum of £71,424.

8.14.2 The area will be the area to which the application relates and in the case of underground workings will include all the land under which any of the workings are to take place (development of oil and natural gas reserves is not regarded as "underground working"). The area should include the total area where development is to take place, including areas for landscaping.

8.15 Peat extraction (category 16)

8.15.1 A local review or appeal relating to the winning and working of peat are charged at the rate of £238 for each 0.1ha of the site area, subject to a maximum of £2,857.

8.16 Any other operations not coming within the categories above (category 17)

8.16.1 A local review or appeal relating to operations for any other purpose are charged according to the site area.

• Where the site area does not exceed 0.1ha the fee is £476.
• Where the site area exceeds 0.1ha the fee is £476 for the first 0.1ha and then £238 per 1ha of the site area in excess of 0.1ha up to 15ha.
• Where the site area exceeds 15 ha the fee is £4,046 plus £119 per 0.1ha of site area in excess of 15ha up to a maximum of £71,424.

8.17 Waste disposal and minerals stocking (categories 18 & 19)

8.17.1 A local review or appeal relating to the disposal of waste, whether this involves operations or simply a change in the use of land, and for the stocking of minerals and other material extracted from the ground as part of the process of minerals extraction, are charged according to the area of the site.

• Where the site area does not exceed 0.1ha the fee is £476.
• Where the site area exceeds 0.1ha the fee is £476 for the first 0.1ha and then £238 per 0.1ha of the site area in excess of 0.1ha up to 15ha.
• Where the site area exceeds 15 ha the fee is £35,938 plus £119 per 0.1ha of site area in excess of 15ha up to a maximum of £71,424.

8.17.2 The site area should include any areas for landscaping.

8.18 Residential conversions (category 20)

8.18.1 A local review or appeal relating to the change of use of any building to use as one or more separate dwellinghouses are charged at a rate of:

• £286 per dwellinghouse for each of the first 10 dwelling houses;
• for dwellinghouses between 11-49 the rate is £214 per dwellinghouse; and
• £119 per dwellinghouse for those 50 and above subject to a maximum of £71,424.

8.19 Change of use of buildings (category 21)

8.19.1 A local review or appeal relating to the change of use of buildings or land (other than the conversion to, or subdivision of, dwellinghouses, the tipping of waste or the stocking of minerals and spoil) are charged as follows:

8.19.2 A local review or appeal relating to the change of use of a building (except a change of use to use as one or more dwellinghouses) are to be charged based on the floor space on the building in question:

• with buildings with a floorspace which does not exceed 100 square metres the fee is £286;
• where the gross floorspace exceeds 100 sqm, it is £286 plus £286 per 100 square metres up to 4,000 sqm; and
• where the floorspace exceeds 4,000 sqm the fee is £11,440 plus £143 per 100 square metres in excess of 4,000 sqm up to the maximum of £71,424.

8.20 Change of use of land (category 22)

8.20.1 A local review or appeal relating to the change of use of land (expect for a change of use involving categories 18, 19, 21 or a change of use relating to equipment placed in marine waters for the purposes of fish or shellfish farming) are to be charged on the site area involved at a rate of £238 per 0.1 hectare subject to a maximum of £2,381.

9. Mixed category applications

9.1.1 Local reviews or appeals may often relate to development which falls into more than one of the categories set out in the Regulations.

9.1.2 The fee for a local review or appeal relating to an application for planning permission (as opposed to planning permission in principle), or for approval of matters specified in conditions, which involves the erection both of buildings for residential purposes and of other types of buildings (but only in this case) is calculated by adding together the fee appropriate for each development. This applies whether the 2 types are combined or in separate buildings. For applications for planning permission in principle, the fee is simply calculated on the basis of the total site area. Where a mixed use building includes common service floor space areas (e.g. foyers) serving both the residential and other parts of the building, these areas are divided pro-rata to the floor space of each type of development, and the non-residential portion of common floor space is added to the area of the non-residential floor space in the building for the purpose of calculating the fees.

9.1.3 Where a local review or appeal relates to 2 or more categories, only the higher or highest of the fees calculated under those categories is charged.

10. Advertisements

10.1.1 All appeals relating to a decision to refuse consent for the display of advertisements are subject to a flat rate fee of £143. Where the original application relates to a number of individual advertisements to be displayed on a single site, a single fee will be charged for the site as a whole. But when a single application deals with advertisements to be displayed on more than one site, a fee will be payable for each site included in the application.

10.1.2 The only exception is for a local review or appeal relating to display advertisements on parking meters, litter bins, public seating benches or bus shelters within a specified area. Regulation 3(5) provides that the whole of the specified area is to be regarded as one site for the purpose of calculating the fee.

11. Prior approval determinations

11.1.1 Where an appeal is made in relation to a decision to refuse prior approval required in relation to development permitted under Schedule I to the GPDO the fee is £83, except in the following cases:

11.1.2 Appeals made in respect of an application made by virtue of the following paragraphs in the GPDO:

• Paragraph (4A) of Class 18 of Part 6 - Agricultural buildings and operations (Formation or alteration of a private way) – no fee
• Paragraph (4) of Class 18B of Part 6 – Agricultural Buildings and Operations (Conversion of an agricultural building to residential use) - £248
• Paragraph (5) of Class 18C of Part 6 - Agricultural Buildings and Operations (Conversion of an agricultural building to flexible commercial use) - £248
• Paragraph (4) of Class 21A of Part 6A – Fish Farming - £310
• Paragraph (4) of Class 22A of Part 7 – Forestry Buildings and Operations (Conversion of a forestry building to residential use) - £248
• Paragraph (4) of Class 22B of Part 7 – Forestry Buildings and Operations (Conversion of a forestry building to flexible commercial use) - £248
• Paragraph (4) of Class 22 of Part 7 – Forestry Buildings and Operations – no fee
• Sub-paragraph (23) of Class 67 of Part 20 – Development by Electronic Communications Code Operators - £310

12. Fees for applications for certificates of lawful use or development

12.1 Certificates of lawfulness of existing use or development

12.1.1 An appeal relating to an application for a certificate of lawfulness of existing use is subject to a fee which would be payable in respect of an appeal in respect of an application to institute the use or carry out the operations specified in the application (except where the application was made under section 150(1)(c) of the 1997 Act in which case the fee is £346).

12.2 Certificates of lawfulness for proposed use or development

12.2.1 For an appeal relating to whether any proposed use of buildings or other land is lawful or if any operations which are proposed to be carried out in, on or over land would be lawful the fee is half the amount that would be payable in respect of an appeal in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be).

12.2.2 Where the proposed use specified is use as one or more separate dwellinghouses the fee is £286 for each dwellinghouse, subject to a maximum of £71,424.

13. Enquiries

13.1.1 Any enquiries about this Circular should be sent to DirectorPAR@gov.scot or otherwise addressed to Development Management, Scottish Government, Planning, Architecture and Regeneration Directorate, Victoria Quay, Edinburgh EH6 6QQ.