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 Appeals) (Scotland) Regulations 2025 and come into force on 9 June 2025. 2 These Regulations (other than Part 4) apply to appeals under— a section 47(1) of the Act (appeal against planning decisions), b section 47(1) of the Act as applied by regulation 21 of the 1984 Regulations, c section 154(1)(a) of the Act (appeal against refusal of certificate of lawful use or development), where notice of appeal is given to the Scottish Ministers on or after 9 June 2025. Interpretation 2 1 In these Regulations— “ the Act ” means the Town and Country Planning (Scotland) Act 1997, “ the 1984 Regulations ” means the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 , “ 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 , “ marine waters ” means the waters described in paragraphs (b) and (c) of subsection (6) of section 26 of the Act , “ planning permission in principle ” has the meaning in section 59 of the Act , “ use of land ” includes use of land for the winning and working of minerals. 2 References in regulations 4(3) and (4), 5(1), 6(1) and 8 and in paragraph 12(2)(b) of the schedule to the Scottish Ministers include a reference to a person appointed under paragraph 1 of schedule 4 of the Act. PART 2 Payment of fees Payment of fees 3 1 Subject to Part 3 (applications where no fee is payable), where an appeal to which these Regulations apply is made to the Scottish Ministers a fee is payable to the Scottish Ministers in accordance with the provisions of this regulation. 2 Subject to paragraphs (3) and (4), the fee payable for an appeal under section 47(1) or section 154(1)(a) of the Act is the fee calculated in accordance with the schedule of these Regulations. 3 The fee payable for an appeal under section 47(1) of the Act as applied by regulation 21 of the 1984 Regulations in respect of an application for a consent for the display of advertisements under regulation 15 of the 1984 Regulations is £143 in respect of each site on which one or more than one advertisement is to be displayed. 4 The fee payable for an appeal under section 47(1) of the Act in respect of— a a decision to grant planning permission subject to conditions, b an application for planning permission made under section 42 (applications to develop land without complying with previous conditions) of the Act, is £143. 5 Any fee payable under this regulation must— a accompany the appeal, and b be refunded if the appeal is rejected as invalidly made. 6 For the purposes of paragraph (3)— a “ site ” has the meaning given in regulation 2 of the 1984 Regulations, but b where an appeal is made in respect of an application for a consent for the display of advertisements under regulation 15 of the 1984 Regulations which relates to the display of advertisements on parking meters, litter bins, public seating benches or bus shelters within a specified area, the whole of the area to which the application relates is to be treated as one site. Waiving or reducing of fees 4 1 The Scottish Ministers may waive or reduce any appeal fee payable under regulation 3 in accordance with the provisions of this regulation. 2 The Scottish Ministers may only waive or reduce a fee following the publication of a charter setting out the circumstances in which the Scottish Ministers 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 appeal relates to development which, in the opinion of the Scottish Ministers, has the primary purpose of contributing to a not for profit enterprise or a social enterprise, and b where the appeal relates to development which, in the opinion of the Scottish Ministers, is likely to contribute to improving the health of residents of the area to which the appeal relates. 4 In waiving or reducing any fee payable, the Scottish Ministers must state the reasons for doing so on any decision notice. 5 A charter produced by the Scottish Ministers 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 meanings 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 Scottish Ministers are 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 Scottish Ministers are satisfied as to the matters specified in paragraph (2). 2 The matters are that— a the appeal 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 appeal 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 an appeal which relates to development which is within one or more of the classes specified in schedule 1 of the General Permitted Development Order includes an appeal 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. Advertisements - disapplication of deemed consent 7 No fee is payable under regulation 3 for an appeal in respect of application for a consent for the display of advertisements under regulation 15 of the 1984 Regulations if the application is occasioned by a direction under regulation 11 (power to exclude the application of regulation 10) of the 1984 Regulations disapplying regulation 10 (specified classes) in relation to that advertisement. Use specified in the Town and Country Planning (Use Classes) (Scotland) Order 1997 8 No fee is payable under regulation 3 for an appeal in respect of an application for planning permission where the Scottish Ministers are satisfied that— a the application in respect of which the appeal 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 appeal is made 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 9 No fee is payable under regulation 3 in relation 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— 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. PART 4 Appeals under the Planning (Hazardous Substances) (Scotland) Act 1997 Amendment of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 and saving provision 10 1 Subject to paragraph (3), the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (“ the 2015 Regulations ”) are amended in accordance with paragraph (2). 2 After regulation 55 (fees for applications) of the 2015 Regulations insert— Fees for Appeals 55A 1 Where an appeal to is made to the Scottish Ministers under section 19(1) of the principal Act a fee is payable to the Scottish Ministers in accordance with the provisions of this regulation. 2 The fee— a for an appeal in respect of an application under regulation 6 (applications for hazardous substances consent) where the quantity specified in the application as the maximum quantity proposed to be present exceeds twice the controlled quantity is £572, b for an appeal in respect of an application under— i regulation 6 (applications for hazardous substances consent) (other than an application referred to in sub-paragraph (a)), ii regulation 7 (applications for removal of conditions attached to hazardous substances consent), or iii regulation 8 (application for continuation of hazardous substances consent where there has been a change in the person in control of any part of the land), is £286. 3 Any fee payable under this regulation must— a accompany the appeal, and b be refunded if the appeal is rejected as invalidly made. . 3 The amendments made by this regulation apply only to appeals under section 19(1) of the Planning (Hazardous Substances) (Scotland) Act 1997 made on or after 9 June 2025. IVAN MCKEE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 24th April 2025