The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2025
Source: legislation.gov.uk (2025-06-08)

These Regulations amend the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 (“the Fees Regulations”) and the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.

Scottish Statutory Instruments

2025 No. 125

Town And Country Planning

The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2025

Made

24th April 2025

Laid before the Scottish Parliament

28th April 2025

Coming into force

9th June 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 252 of the Town and Country Planning (Scotland) Act 1997(1 (\"#f00001\")) and all other powers enabling them to do so.

Citation and commencement

1. These Regulations may be cited as the Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2025 and come into force on 9 June 2025.

Amendment of the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022

2. The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022(2 (\"#f00002\")) are amended in accordance with regulations 3 to 5.

Amendment of regulation 3 – payment of fees

3. In regulation 3 (payment of fees) in paragraphs (2)(b) and (3) for “£346” substitute “£357”.

Amendment of regulation 4 – discretion to charge fees

4. In regulation 4 (discretion to charge fees)—

(a)in paragraph (3), for “£230” substitute “£238”,

(b)in paragraph (4), for “£115” substitute “£119”.

Amendment of schedule 1 – calculation of fees

5. In schedule 1 (calculation of fees)—

(a)in Part 1 (general provisions) after paragraph 6A (planning permission granted in principle on or after 1 April 2022 and before 12 December 2024) insert—

Planning permission granted in principle on or after 12 December 2024 and before 9 June 2025

6B. Where the application is for the approval, consent or agreement required by a condition imposed on a grant of planning permission in principle and—

(a)the planning permission in principle was granted on or after 12 December 2024 and before 9 June 2025, and

(b)the application relates to a development within categories 1, 4, 17, or 21 of table 1,

the fee payable under regulation 3 is subject to a maximum of £172,856.”,

(b)in Part 2 (modified fees)—

(i)in paragraph 9(1) (applications for the provision of facilities for sport or recreation), for “£691” substitute “£714”,

(ii)in paragraph 10(2) and (3) (application for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle), for “£576” substitute “£595”.

(c)for Part 3(3 (\"#f00003\")) (table of fees) substitute—

“PART 3Tables of Fees

TABLE 1

FEES FOR APPLICATIONS FOR PLANNING PERMISSION AND FOR APPLICATIONS FOR APPROVAL, CONSENT OR AGREEMENT REQUIRED BY A CONDITION IMPOSED ON A GRANT OF PLANNING PERMISSION IN PRINCIPLE

Category of developmentFee payableRESIDENTIAL DEVELOPMENT(a)Where the number of dwellinghouses to be created by the development does not exceed 10, £714 for each dwellinghouse,New dwellings1. Construction of buildings, structures or erections for use as residential accommodation (other than development within categories 2 to 6).(b)Where the number of dwellinghouses to be created by the development is fewer than 50, £714 for each of the first 10 dwellinghouses, and £536 for each dwellinghouse thereafter,(c)Where the number of dwellinghouses to be created by the development is 50 or more, £714 for each of first 10 dwellinghouses, £536 for each dwellinghouse in excess of 10 up to 49 dwellinghouses, and £298 for each dwellinghouse in excess of 50, subject to a maximum total of £178,560.Existing dwellingsWhere the application relates to—2. The carrying out of operations which will result in the enlargement, improvement or other alteration of an existing dwelling.(a)one dwelling, £357,(b)2 or more dwellings, £714.3.(a)The carrying out of operations, including the erection of a building within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or£357.(b)the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse.£357.NON-RESIDENTIAL BUILDINGS4. The construction of buildings, structures or erections including extensions (other than construction within categories 1, 5, and 6).(a)Where no floor area is created or the gross floor space created does not exceed 50 square metres, £357,(b)Where the gross floor space created exceeds 50 square metres, £714 in respect of any gross floor space up to 100 square metres,(c)Where the gross floor space exceeds 100 square metres, £714 plus £714 per 100 square metres in respect of any gross floor space exceeding 100 square metres and up to 4,000 square metres,(d)Where the gross floor space exceeds 4,000 square metres, £28,560 plus £357 per 100 square metres in respect of any gross floor space exceeding 4,000 square metres, subject to a maximum of £178,560,(e)Where no buildings are to be created, £714 per 0.1 hectare of site area, subject to a maximum of £178,560.Agricultural buildings5. The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 6).(a)Where the ground area to be covered by the development does not exceed 500 square metres, £595,(b)Where the ground area to be covered by the development exceeds 500 square metres, £595 plus £595 for each 100 square metres in excess of 500 square metres, subject to a maximum of £29,760.Glasshouses and polytunnels6. The erection of glasshouses or polytunnels to be used for agricultural purposes.£119 for each 100 square metres of ground area to be covered by the development subject to a maximum of £5,952.ENERGY GENERATION7. 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.(a)Where the number of turbines does not exceed 3—(i)where none of the turbines have a ground to hub height exceeding 15 metres, £1,488,(ii)where one or more of the turbines has a ground to hub height exceeding 15 metres, but not exceeding 50 metres, £2,976,(iii)where one or more of the turbines has a ground to hub height exceeding 50 metres, £5,952,(b)Where the number of turbines does exceed 3, £595 for each 0.1 hectare of site area, subject to a maximum of £178,560.8. The construction of a hydro-electric generating station and the carrying out of any 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.£595 for each 0.1 hectare of site area, subject to a maximum of £29,760.9. The construction of a solar electric generating station and the carrying out of any 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.£595 for each 0.1 hectare of site area, subject to a maximum of £29,760.10. The carrying out of any operations connected with the exploratory drilling for oil or natural gas.(a)Where the site area does not exceed 0.1 hectares, £1,190,(b)Where the site area exceeds 0.1 hectares, £1,190 in respect of the first 0.1 hectares of site area, plus £595 for each 0.1 hectare of site area in excess of 0.1 hectares, subject to a maximum of £178,560.FISH AND SHELLFISH FARMING11. The placing or assembly of equipment in any part of any marine waters for the purposes of fish farming.£238 for each 0.1 hectare of the surface area of the marine waters to be used in relation to the placement or assembly of any equipment for the purposes of fish farming and £89 for each 0.1 hectare of the sea bed to be used in relation to such development, subject to a maximum of £29,760.12. The placing or assembly of equipment in any part of any marine waters for the purposes of shellfish farming.£129 for each 0.1 hectare of the surface area of the marine waters to be used in relation to the placement or assembly of any equipment for the purposes of shellfish farming, subject to a maximum of £29,760.13. The erection, alteration or replacement of plant or machinery.(a)Where the site area does not exceed 5 hectares, £595 for each 0.1 hectare of site area,(b)Where the site area exceeds 5 hectares, £29,750 plus £298 for each 0.1 hectare of the site area in excess of 5 hectares, subject to a maximum of £178,560.14. The construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.£595.15. Operations for the winning and working of minerals (not including peat).(a)Where the site area does not exceed 0.1 hectare, £1,190,(b)Where the site area exceeds 0.1 hectare, but does not exceed 15 hectares, £1,190 plus £595 for each 0.1 hectare of the site area in excess of 0.1 hectare,(c)Where the site area exceeds 15 hectares, £89,845, plus £298 for each 0.1 hectare of site area in excess of 15 hectares, subject to a maximum of £178,560.16. Operations for the extraction of peat.£595 for each 0.1 hectare of site area, subject to a maximum of £7,142.17. The carrying out of any operations not coming within any of the above categories.(a)Where the site area does not exceed 0.1 hectare, £1,190,(b)Where the site area exceeds 0.1 hectare, but does not exceed 15 hectares, £1,190 plus £595 for each 1 hectare of the site area in excess of 0.1 hectare,(c)Where the site area exceeds 15 hectares, £10,115 plus £298 for each 0.1 hectare of the site area in excess of 15 hectares, subject to a maximum of £178,560.USE OF LAND18. The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land.(a)Where the site area does not exceed 0.1 hectare, £1,190,(b)Where the site area exceeds 0.1 hectare, but does not exceed 15 hectares, £1,190 plus £595 for each 0.1 hectare of the site area in excess of 0.1 hectare,(c)Where the site area exceeds 15 hectares, £89,845 plus £298 for each 0.1 hectare of the site area in excess of 15 hectares, subject to a maximum of £178,56019. The use of land for the storage of minerals in the open.(a)Where the site area does not exceed 0.1 hectare, £1,190,(b)Where the site area exceeds 0.1 hectare, but does not exceed 15 hectares, £1,190 plus £595 for each 0.1 hectare of the site area in excess of 0.1 hectare,(c)Where the site area exceeds 15 hectares, £89,845 plus £298 for each 0.1 hectare of the site area in excess of 15 hectares, subject to a maximum of £178,560.CHANGE OF USE OF BUILDINGS OR LAND20. The change of use of a building to use as one or more dwellinghouses.(a)Where the number of dwellinghouses to be created by the development does not exceed 10, £714 for each dwellinghouse,(b)Where the number of dwellinghouses to be created by the development is fewer than 50, £714 for each of the first 10 dwellinghouses, and £536 for each dwellinghouses thereafter,(c)Where the number of dwellinghouses to be created by the development is 50 or more, £714 for each of the first 10 dwellinghouses, £536 for each dwellinghouse in excess of 10 up to 49 dwellinghouses, and £298 for each dwellinghouse in excess of 50, subject to a maximum total of £178,560.21. A material change in the use of a building (other than a change of use referred to in category 20).(a)Where the gross floor space does not exceed 100 square metres, £714,(b)Where the gross floor space exceeds 100 square metres, £714 plus £714 per 100 square metres up to 4,000 square metres,(c)Where the gross floor space exceeds 4,000 square metres, £28,560 plus £357 per 100 square metres in respect of any gross floor space exceeding 4,000 square metres, subject to a maximum of £178,560.22. A material change in the use of land (other than—£595 per 0.1 hectare of site area subject to a maximum of £5,952.(a)a change of use within category 21, or(b)a change of use within categories 18 or 19, or(c)a change in the use of equipment placed or assembled in marine waters for the purposes of fish farming or shellfish farming).

TABLE 2

FEES FOR APPLICATIONS FOR PLANNING PERMISSION IN PRINCIPLE

Category of developmentFee payableRESIDENTIAL DEVELOPMENTNew dwellings1. Construction of buildings, structures or erections for use as residential accommodation.(a)Where only one dwellinghouse is to be created, £714,(b)Where more than one dwellinghouse is to be created and the site area does not exceed 2.5 hectares, £714 for each 0.1 hectare of the site area,(c)Where more than one dwellinghouse is to be created and site area exceeds 2.5 hectares, £714 for each 0.1 hectare up to 2.5 hectares of the site area, and then £357 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum of £89,280.NON-RESIDENTIAL BUILDINGS2. The construction of buildings, structures or erections including extensions.£714 for each 0.1 hectare up to 2.5 hectares of the site area, and then £357 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum of £89,280.

TABLE 3

FEES FOR APPLICATIONS FOR A CERTIFICATE OF LAWFUL USE OR DEVELOPMENT UNDER SECTION 150 OR A CERTIFICATE OF PROPOSED USE OR DEVELOPMENT UNDER SECTION 151 OF THE 1997 ACT

Category of developmentFee payableCERTIFICATES OF LAWFULNESS OF EXISTING USE OR DEVELOPMENT1. An application under section 150(1)(a) or (b) of the 1997 Act (or both as the case may be).The amount that would be payable 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).2. An application under section 150(1)(c) of the 1997 Act.£357.CERTIFICATES OF LAWFULNESS FOR PROPOSED USE OR DEVELOPMENT3. An application under section 151(1) of the 1997 Act (apart from one within category 4).Half the amount that would be payable 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).4. An application under section 151(1)(a) where the use specified is use as one or more separate dwellinghouses.£714 for each dwellinghouse, subject to a maximum of £178,560.

TABLE 4

FEES FOR A DETERMINATION AS TO WHETHER THE PLANNING AUTHORITY’S PRIOR APPROVAL IS REQUIRED IN RELATION TO DEVELOPMENT UNDER SCHEDULE 1 OF THE GENERAL PERMITTED DEVELOPMENT ORDER

Category of developmentFee payable1. An application made for determination as to whether the prior approval of the planning authority is required in relation to development under schedule 1 of the General Permitted Development Order (other than one within categories 2 to 9).£207.2. An application made by virtue of paragraph (4A) of Class 18 of Part 6 (agricultural buildings and operations) of schedule 1 of the General Permitted Development Order.No fee.3. An application made by virtue of paragraph (4) of Class 18B of Part 6 (agricultural buildings and operations) of schedule 1 of the General Permitted Development Order.£620.4. An application made by virtue of paragraph (5) of Class 18C of Part 6 (agricultural buildings and operations) of schedule 1 of the General Permitted Development Order.£620.5. An application made by virtue of paragraph (4) of Class 21A of Part 6A (fish farming) of schedule 1 of the General Permitted Development Order.£775.6. An application made by virtue of paragraph (4) of Class 22A of Part 7 (forestry buildings and operations) of schedule 1 of the General Permitted Development Order.£620.7. An application made by virtue of paragraph (5) of Class 22B of Part 7 (forestry buildings and operations) of schedule 1 of the General Permitted Development Order.£620.8. An application made by virtue of paragraph (4) of Class 22 of Part 7 (forestry buildings and operations) of schedule 1 of the General Permitted Development Order.No fee.9. An application made by virtue of sub-paragraph (23) of Class 67 of Part 20 (development by electronic communications code operators) of schedule 1 of the General Permitted Development Order.£775.”.

Amendment of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 and saving provision

6.—(1) Subject to paragraph (3), the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015(4 (\"#f00004\")) (“the 2015 Regulations”) are amended in accordance with paragraph (2).

(2) In regulation 55(1)(5 (\"#f00005\")) (fees for applications)—

(a)in sub-paragraph (a) for “£1,383” substitute “£1,429”, and

(b)in sub-paragraph (b) for “£691” substitute “£714”.

(3) The amendments made by this regulation apply only to applications made on or after 9 June 2025 under—

(a)regulation 6 (applications for hazardous substances consent),

(b)regulation 7 (applications for removal of conditions) and

(c)regulation 8 (applications for continuation of hazardous substances consent where there has been a change in the person in control of part of the land),

of the 2015 Regulations and the 2015 Regulations continue to apply in respect of any application made before 9 June 2025 as they did immediately before that date.

IVAN MCKEE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th April 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 (“the Fees Regulations”) and the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.

Regulation 3 amends regulation 3 of the Fees Regulations to increase the planning application fees for the consent for the display for advertisements under regulation 15 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 and for an application to develop land without complying with previous conditions.

Regulation 4 amends regulation 4(3) and (4) of the Fees Regulations to increase the planning application fees for varying a planning permission under section 64 of the Town and Country Planning (Scotland) Act 1997 and for written confirmation of compliance with a condition imposed on the grant of planning permission respectively.

Regulation 5(a) inserts a new paragraph 6B into Part 1 of schedule 1 of the Fees Regulations to set a maximum fee for certain applications for planning permission in principle granted on or after 12 December 2024 and before 9 June 2025.

Regulation 5(b) amends Part 2 of schedule 1 of the Fees Regulations to increase the planning application fees for applications for the provision of facilities for sport or recreation and applications for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle.

Regulation 5(c) also makes changes to planning application fees. It substitutes new tables for those in Part 3 of schedule 1 of the Fees Regulations.

Regulation 6 amends the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 to increase fees for applications made under those Regulations.

(1)

1997 c. 8 (\"http://www.legislation.gov.uk/id/ukpga/1997/8\"). Section 252 was relevantly amended by section 31 of the Planning etc. (Scotland) Act 2006 (asp 17) (\"http://www.legislation.gov.uk/id/asp/2006/17\"), section 55 of the Regulatory Reform (Scotland) Act 2014 (asp 3) (\"http://www.legislation.gov.uk/id/asp/2014/3\"), and section 41 of the Planning (Scotland) Act 2019 (asp 13) (\"http://www.legislation.gov.uk/id/asp/2019/13\"). The functions of the Secretary of State in so far as they are within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46) (\"http://www.legislation.gov.uk/id/ukpga/1998/46\").

(2)

S.S.I. 2022/50 (\"http://www.legislation.gov.uk/id/ssi/2022/50\") as amended by S.S.I. 2022/190 (\"http://www.legislation.gov.uk/id/ssi/2022/190\") and S.S.I. 2024/292 (\"http://www.legislation.gov.uk/id/ssi/2024/292\").

(3)

Table 1 of Part 3 of schedule 1 was relevantly amended by S.S.I. 2024/292 (\"http://www.legislation.gov.uk/id/ssi/2024/292\").

(4)

S.S.I. 2015/181 (\"http://www.legislation.gov.uk/id/ssi/2015/181\").

(5)

Regulation 55(1) was relevantly amended by S.S.I. 2024/292 (\"http://www.legislation.gov.uk/id/ssi/2024/292\").