Legislation – Planning App Fees Updated for 12 Dec 2024

NEW Charge Rates ALL Scottish Planning Authorities from 12 December 2024

Please be aware that from 12 December 2024 new rates came into force – Category and Methodology did NOT change but the rates did change (according to my reading)

Plan App Fees (Coming into force 12 December 2024) see legislation and see Flow Diagram

Remember because the amended legislation omitted advertising fees – councils CANNOT implement additional fees on advertising planning applications because they are retrospective.

The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations [2024 No.292]

The Town and Country Planning (Fees for Applications)(Scotland) Regulations Amended and Consolidated [2022 No. 50]

The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations [2022 No. 190]

The Town and Country Planning (Fees for Applications) (Scotland) Regulations [2022 No. 50]

Which made amendments specifically to Mixed-use developments namely

4A.—(1) Where this paragraph applies the fee payable to the planning authority for an application is calculated and payable in accordance with sub-paragraphs (3) to (6).

(2) This paragraph applies where, in respect of development which is partly within category 1 and partly within category 4 of table 1, an application is made for—

(a)planning permission, or

(b)the approval, consent, or agreement required by a condition imposed on a grant of permission in principle.

(3) Subject to sub-paragraphs (4) and (5), the fee payable is the sum of—

(a)the amount calculated and payable for the amount of gross floor space which is to be created by that part of the development which is within category 4 (“the non-residential floor space”), and

(b)the amount payable in respect of that part of the development which is within category 1.

So 4A(3) says ‘the sum of’ when the development falls into category 1 (New dwellings) and category 4 (Non-residential buildings), so under those circumstances, add them together.

Significant changes to former scale…

I went through and for the FULL planning applications tried to work out a flow diagram as to how calculated see at the beginning of this post for that document.

RETROSPECTIVE FEES

Regulation 6 of The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 provides the planning authority with the power to levy a surcharge of up to 25% on retrospective applications.

The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 (legislation.gov.uk) Part 2 Regulation 6

Planning Circular 2/2022 The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 link

7. Calculation of fees – Gross Floor Space

7.1.3 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. 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.

The fee for an application, unless otherwise noted, is not refundable once the planning application has been validated. Your fee can be reduced or waived, under the following circumstances: 

  • if the application is made by a community council, the fee will be reduced by 50%;
  • no fee if the application is for works to improve access for a disabled person;
  • no fee if the application is submitted within 12 months of the date of refusal for an application of the same description or character, if made by the same applicant; (only applies to one application following the original application); and
  • no fee if the application is submitted within 12 months of the date of submission of an application of the same description or character, if made by the same applicant, which is withdrawn. (Only applies to one application following the original application)  

If there is a requirement to advertise your application in the local newspaper, please note that you will have to pay an additional £80 to cover the cost and we will not register your application until the fee is paid.

Which applications are subject to a planning application fee?

Applications which are subject to a planning application fee include (but are not limited to):

Paragraph: 003 Reference ID: 22-003-20180615

Revision date: 15 06 2018 See previous version

Multiple Households in one application / Multiple sites in single application

Question – One householder application two extensions on neighbouring semi-detached properties owned by two people but the neighbours have got together and hire a single architect to design and build a symmetrical join extension together. The architect acting as agent has submitted a single planning application (householder). Should it be two HH applications or should it be a single full application or two full applications?

Answer – As long as the site boundary includes both properties it can be registered as one Householder application. Although when determining it is worth thinking if only one develops what the wall dividing the properties would be finished in, if only one property develops. Not sure that there are any rules that say they cannot do what they have proposed though.

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Fee Scale from 1st of April 2022 – 11 December 2024

FORMER Plan App Fees (New Fee Scale 01 April 22 modified June 2022 valid to 11 December 2024 see flow diagram)

Additionally eDevelopment Scotland issued a new document at that time summarising the Planning application fees

SUPERSEDED eDevelopment Scotland Planning Application fees

On the 1st of April 2022 the Scottish Government introduced new legislation on Fees called the

The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 – this supersedes the former legislation there were then amendments but the amendments altered the amounts and the structure of the fees remained the same.

And this is the related news release

There has been amendments already

OLD OLD Fee Scale Below – applicable until 31st March 2022

Former Government guidance on payment of fees is here ENDED 31st March 2022

The scale of fees for applications is set by the Scottish Government through The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland).

Link to Fee Scale – Regulations

Link to Fee Planning Circular 2004

South Lanarkshire fee scale

Fees for mixed development are calculated in the following way.

POLYTunnel Fees

Category 10 – Polytunnels

The current charge for applications to erect polytunnels on agricultural land is a flat rate fee of £2,321 where the ground area to be covered exceeds 465 sq. m.

Applications for certificate of lawful use or development

Aberdeen have a very useful site which sets out their fees (which are also Scotland’s) see Aberdeen Link

Type of applicationFee payable
Advertisements£202
Applications for determination as to whether the prior approval of the authority will be required in relation to development under Schedule 1 of the General Permitted Development Order£78
Applications for determination as to whether the prior approval of the authority will be required in relation to development by electronic communications code operators under Schedule 1 of the General Permitted Development Order£300

Applications for certificate of lawful use or development

Category of developmentFee payable
Section 150(1)(a) – existing use as one or more separate dwelling houses£401 per dwelling house
(maximum fee of £20,0550)
Section 150(1)(a) or (b) – existing uses other than use as one or more separate dwelling houses and any operationsThe same fee as would apply to a planning application for the same development
Section 150(1)(c) – any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted£202
Section 151(1) – proposed use of buildings or other land, or operations proposed to be carried out in, on, over or under landHalf the fee applying to a planning application for the same development

Concessionary fees and exemptions

Category of developmentFee payable
Works to improve a disabled persons access to a public building, or to improve their access, safety, health or comfort at their dwelling houseNo fee
Applications (including advertisement applications) by community councilsHalf the normal fee
Applications required because of the removal of permitted development rights by a condition or by an Article 4 directionNo fee
Applications required because of the removal by a condition of a right to make a change of use within the Use Classes OrderNo fee
Playing fields (for sports clubs etc)£401
Revised or fresh applications for development or advertisements of the same character or description within 12 months of refusal, or of the making of the earlier application if withdrawn, or within 12 months of expiry of the statutory determination period where the applicant has appealed or requested a review on the grounds of non-determinationNo fee
Revised or fresh application for development of the same character or description within 12 months of receiving permissionNo fee
Alternative schemesHighest of the fees applicable for each option and a sum equal to half of the rest
Development crossing planning authority boundaries requiring several applicationsThe fee shall be to the Authority whose area the larger or largest part of the land to which the applications relate is situated. The amount payable in respect of all the applications shall be one and a half times the amount which would have been payable if application had been made to a single authority in respect of the whole development or the sum of the amounts which would have been payable, whichever is the lesser

How to calculate fees

Where a building is to be demolished and a new building erected on the site, the fee is based on the gross floor space (all storeys) of the new building. You need to measure it externally including the thickness of external and internal walls. However, it excludes areas that are not usable by people or animals such as lift shafts, tanks, loft space or areas with a headroom of less than 1.5m.

Where a fee is based on site area, your measurement needs to include the area of ground that you will develop or build on. As well as any ground for which the use will change. Please outline clearly in red the site of the development on the drawings. 

Where floor space or site area is not an exact multiple of the unit of measurement provided by the fees scale, the amount remaining is taken as a whole unit.

For help with the calculation of your fees, use the fee calculator or contact your local planning office

Advertising costs

You may need to pay an additional fee to advertise certain types of development in the press. If this is the case, we will notify you after assessing your application.

CAR PARKS (which are brand new and not incidental to anything else.

MIXED CATEGORY APPLICATIONS
Applications may often involve development which falls into more than one of the categories set out above (see paragraph 8b where alternative development is involved). For instance the application may relate to detailed permission for:
• dwelling houses and other buildings;
• buildings together with other works;
• change of use together with works;
• more than one change of use;
• outline permission for dwelling houses and other buildings.
Fees should be calculated separately under each of the categories which apply as follows:

a: Applications to erect residential accommodation with other buildings
The fee for an application (whether for full permission or outline permission or for approval of reserved matters) which involves both erection of buildings for residential purposes and 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 outline applications, the fee is simply derived from 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.

b. Other Mixed Applications
Where an application relates to 2 or more categories, other than in the way described above, only the higher or highest of the fees calculated under those categories is charged.

In the above there are references to Categories which aren’t specifically listed in the in other parts.

Link to categorys