Town And Country Planning PART 1 Introductory Citation, commencement and application 1 1 These Regulations may be cited as the Town and Country Planning (Fees for Local Reviews) (Scotland) Regulations 2025 and come into force on 9 June 2025. 2 These Regulations apply to reviews conducted by virtue of section 43A(8)(a) or (b) of the Act where notice of review is given on or after 9 June 2025. Interpretation 2 In these Regulations— “ the Act ” means the Town and Country Planning (Scotland) Act 1997, “ the 2013 Regulations ” means the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 , “ dwellinghouse ” means a building or part of a building which is used as a single private dwellinghouse, and for no other purpose, “ equipment ” and “ fish farming ” have the same meanings as in section 26(6) of the Act , “ the General Permitted Development Order ” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 , “ local review body ” has the same meaning as in the 2013 Regulations, “ marine waters ” means the waters described in paragraphs (b) and (c) of subsection (6) of section 26 of the Act , “ notice of review ” means a notice given in accordance with regulation 9 of the 2013 Regulations, “ planning permission in principle ” has the same meaning as in section 59 of the Act , “ review ” means a review conducted by virtue of section 43A(8)(a) or (b) of the Act, “ use of land ” includes use of land for the winning and working of minerals. PART 2 Payment of fees Payment of fees 3 1 Subject to Part 3 (applications where no fee is payable), where a notice of review is given under regulation 9 of the 2013 Regulations a fee is payable to the planning authority in accordance with the provisions of this regulation. 2 Subject to paragraph (3), the fee payable is the fee calculated in accordance with the schedule of these Regulations. 3 The fee payable for a review in respect of an application for planning permission made under section 42 (applications to develop land without complying with previous conditions) of the Act is £143. 4 Any fee payable under this regulation must— a accompany the notice of review, and b be refunded if the notice of review is rejected as invalidly made. Waiving or reducing of fees 4 1 The planning authority may waive or reduce any review fee payable under regulation 3 in accordance with the provisions of this regulation. 2 The planning authority may only waive or reduce a fee following the publication of a charter setting out the circumstances in which the planning authority will consider waiving or reducing a fee payable to them. 3 The charter must include but is not limited to the circumstances— a where the review relates to development which, in the opinion of the planning authority, has the primary purpose of contributing to a not for profit enterprise or a social enterprise, and b where the review 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 review relates. 4 In waiving or reducing any fee payable, the planning authority must state the reasons for doing so on any decision notice. 5 A charter produced by a planning authority under paragraph (2) must be published by means of the internet. 6 For the purposes of paragraph (3) “ not for profit enterprise ” and “ social enterprise ” have the same meanings as in section 252(1F) of the Act . PART 3 Applications where no fee is payable Means of access etc. for disabled persons 5 1 No fee is payable under regulation 3 where the local review body is satisfied as to the matters specified in paragraphs (2)(a) or (b). 2 The matters are that the application relates solely to the carrying out of operations for— a the alteration or extension of a dwellinghouse (but not including the erection of a dwellinghouse) or other operations within the curtilage of a dwellinghouse for the purpose of— i providing means of access to or within the dwellinghouse for a disabled person who resides or proposes to reside in that dwellinghouse, or ii providing facilities designed to secure that person’s greater safety, health or comfort, b the purpose of providing means of access for disabled persons to or within a building or premises to which members of the public are admitted. 3 In this regulation, “ disabled person ” has the meaning given by section 6 of the Equality Act 2010 . Restrictions on permitted development rights 6 1 No fee is payable under regulation 3 where the local review body is satisfied as to the matters specified in paragraph (2). 2 The matters are that— a the review relates solely to development within one or more of the classes specified in schedule 1 of the General Permitted Development Order, and b the permission granted by article 3 of that Order does not apply in respect of that development by reason of— i a direction made under article 4 of that Order which is in force on the date when the application to which the review relates was made, or ii the requirements of a condition imposed on a permission granted under Part 3 of the Act otherwise than by that Order. 3 The reference in paragraph (2)(a) to a review which relates to development which is within one or more of the classes specified in schedule 1 of the General Permitted Development Order includes a review in respect of an application for planning permission for the continuance of a use of land, or the retention of buildings or works, without compliance with a condition subject to which a previous planning permission has been granted, and which prohibits or limits the carrying out of any development which is within one or more of those classes. Use specified in the Town and Country Planning (Use Classes) (Scotland) Order 1997 7 No fee is payable under regulation 3 for a review in respect of an application for planning permission where the local review body is satisfied that— a the application in respect of which the review is made relates solely to the use of a building or other land for a purpose of any class specified in the schedule of the Town and Country Planning (Use Classes) (Scotland) Order 1997 , b the existing use of that building or other land is for another purpose of the same class, and c the review is in respect of an application for planning permission for the use to which it relates which is necessary because of a condition imposed on a permission granted under Part 3 of the Act. Winning and working of minerals 8 No fee is payable under regulation 3 in relation to a review in respect of an application for permission to carry out development consisting of the winning and working of minerals where the application— a is for a permission which consolidates two or more subsisting permissions, or b does not seek permission for development which is not authorised by a subsisting permission. IVAN MCKEE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 24th April 2025