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

6. Collection of fees

6.1 Payment

6.1.1 Payment for applications to planning authorities should accompany the application when it is lodged. The planning authority should not reject an application on the grounds that the correct fee has not been paid. However the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 provides that the 2 month statutory period within which the planning authority must notify the applicant of its decision does not begin to run until the appropriate fee has been paid. Therefore, when an otherwise correct application is received without the appropriate fee, the authority should send the applicant a request for the correct fee or balance and inform them that the 2 month statutory period for decision will begin on receipt of the fee or the amount outstanding and not before, and that a decision will not be notified to them before the correct fee has been paid.

6.2 Checking, refunds and adjustments

6.2.1 Planning authorities should confine their checking of fees submitted, to the minimum; consistent with good management practice. Where an application for planning permission is made which in the opinion of the authority is not required for what is being proposed (for instance because of Schedule 1 to the GPDO, or the definition of development), the authority should return the application with the fee to the applicant, with an explanation. In those circumstances a fee ought not to have been paid.

6.2.2 The Regulations do not provide for the refund of correct fees paid for valid applications once these are accepted, but refunds of any sums not required by the Regulations can be made at any stage. The fee is always determined on the basis of the application as made. Even if permission is granted for a development of a different size, or if the application is adjusted by agreement in the course of discussion with the applicant, or if an application for planning permission in principle needs to be supplemented by details before it will be determined, no adjustment is made to the fee payable, either in the form of refunds or additional charges.

6.3 Disputes

6.3.1 If there is a disagreement between the applicant and the authority about the amount of the fee payable, the authority should seek to resolve the dispute with the applicant with as little delay to the processing of the application as possible. There is no formal disputes procedure laid down in the Regulations and the ultimate recourse is to the courts.