Statutory Instrument 1994 No. 3269 (S.189)
The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1994
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1994 No. 3269 (S.189)
TOWN AND COUNTRY PLANNING, SCOTLAND
The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1994
| Coming into force | 3rd January 1995 |
The Secretary of State in exercise of the powers conferred on him by section 87 of the Local Government, Planning and Land Act 1980[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations, a draft of which has, in accordance with section 87(6) of that Act, been laid before and approved by each House of Parliament:
Citation, commencement, interpretation, application and extent
1.—(1) These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1994.
(2) These Regulations shall come into force on 3rd January 1995.
(3) In these Regulations— (a) "the principal Regulations" means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 1990[2]; and
(b) "the amendment Regulations" means the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 1993[3].
(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[4] is made on or after 3rd January 1995; 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[5] in connection with an enforcement notice issued on or after 3rd January 1995.
(5) These Regulations extend to Scotland only.
General increase
2.—(1) The principal Regulations shall be amended in accordance with this and the following regulations.
(2) In the principal Regulations in relation to fees due in respect of applications made, or applications deemed to be made in connection with an enforcement notice issued— (a) before 3rd July 1995— (i) in regulation 11A[6], paragraph (5)(b) for "£67" there shall be substituted "£70" and in paragraph (6) for "£133" there shall be substituted "£140" and for "£6,650" there shall be substituted "£7,000"; and
(ii) in regulation 12(2)[7] for "£67" there shall be substituted "£70"; and
(b) on and after 3rd July 1995— (i) in regulation 11A, paragraph (5)(b) for "£70" there shall be substituted "£80" and in paragraph (6) for "£140" there shall be substituted "£160" and for "£7,000" there shall be substituted "£8,000"; and
(ii) in regulation 12(2) for "£70" there shall be substituted "£80".
3. In the Schedule to the principal Regulations in relation to fees due in respect of applications made, or applications deemed to be made in connection with an enforcement notice issued,— (a) before 3rd July 1995— (i) in paragraphs 4(1), 6(2), 6(3), 10 and 16[8] for "£133" there shall be substituted "£140";
(ii) in paragraph 7[9] for "£67" there shall be substituted "£70";
(iii) in paragraph 7A(b)[10] for "£67" there shall be substituted "£70";
(iv) in paragraph 16[11] for "£3,325" there shall be substituted "£3,500"; and
(v) for the table[12] there shall be substituted the table set out in Schedule 1 to these Regulations; and
(b) on and after 3rd July 1995— (i) in paragraphs 4(1), 6(2), 6(3), 10 and 16 for "£140" there shall be substituted "£160";
(ii) in paragraph 7 for "£70" there shall be substituted "£80";
(iii) in paragraph 7A(b) for "£70" there shall be substituted "£80";
(iv) in paragraph 16 for "£3,500" there shall be substituted "£4,000"; and
(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.
Fees for certain applications under the General Permitted Development Order
4. For regulation 11B(1)[13] of the principal Regulations there shall be substituted—
"Where an application is made to a planning authority for their determination as to whether the prior approval of the authority will be required in relation to development under Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992[14] a fee shall be paid to that authority of £25 (in respect of applications made before 3rd July 1995) and £30 (in respect of applications made on and after 3rd July 1995).".
Revocations and savings
5.—(1) Subject to paragraph (2) of this regulation, regulations 2 and 3 of the amendment Regulations are hereby revoked.
(2) Regulations 2(2)(a) and 3(a) 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 3rd January 1995.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh
16th December 1994
Notes:[1] 1980 c. 65; section 87(3) was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 13, paragraph 45 and section 87(9) was inserted by the Environmental Protection Act 1990 (c. 43), Schedule 13, paragraph 13.
[2] S.I. 1990/563; relevant amending instruments are S.I. 1990/2474, 1991/2765, 1992/1951 and 1993/3211.
[3] S.I. 1993/3211.
[4] Regulation 1(2)(bb) was inserted by regulation 4(1) of S.I. 1992/1951 and paragraph 7A of the Schedule was inserted by regulation 5(a) of S.I. 1992/1951.
[5] 1972 c. 52; section 85(7) was amended by the Local Government (Scotland) Act 1973 (c. 65) s.172(2) and by the Planning and Compensation Act 1991, Schedule 13, paragraph 20.
[6] Regulation 11A was inserted by regulation 4(2)(a) of S.I. 1992/1951, and amended by regulation 2(2) of S.I. 1993/3211.
[7] Regulation 12 was amended by regulation 2(2) of S.I. 1993/3211.
[8] Paragraphs 4(1), 6(2), 6(3), 10 and 16 of the Schedule were amended by regulation 3 of S.I. 1993/3211.
[9] Paragraph 7 of the Schedule was amended by regulation 3 of S.I. 1993/3211.
[10] Paragraph 7A(b) of the Schedule was inserted by regulation 5(a) of S.I. 1992/1951, and amended by regulation 3 of S.I. 1993/3211.
[11] Paragraph 16 of the Schedule was amended by regulation 3 of S.I. 1993/3211.
[12] The table was substituted by regulation 3 of S.I. 1993/3211.
[13] Regulation 11B was inserted by regulation 4(2)(b) of S.I. 1992/1951.
[14] S.I. 1992/223; relevant amending instrument is S.I. 1992/1078.
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