Planning circular 3/2024: The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2024

6. Discretionary fees

The Regulations extends the range of services for which an authority may introduce charges for. Some of these charges are up to the authority to set out and others are as prescribed in the regulations.

6.1 Pre-application discussions

6.1.1 Planning authorities may only charge fees for pre-application discussions if it has first published information which sets out:

(a) the services for which a fee is to be charged (this may, for example, specify who is to be involved in discussions, how feedback is to be provided to prospective applicants and relevant timescales);

(b) how the fees for each level of service have been calculated; and

(c) under what circumstances the authority may waive or reduce the fee.

6.1.2 This information must be published on the authority's website.

6.2 Processing Agreements

6.2.1 Planning authorities may only charge fees for the preparation of a processing agreement if it has first published information which sets out:

(a) how the fee is to be calculated,

(b) under what circumstances the planning authority may waive or reduce the fee, and

(c) when any fee is to be paid.

6.2.2 This information must be published on the authority's website.

6.3 Masterplan Consent Areas

6.3.1 Planning authorities may charge fees in order to recover their costs in preparing and delivering a Masterplan Consent Area Scheme. The regulations provide that the costs for the preparation of a MCA can be recovered through requiring the payment of a charge from a person making an application for approval, consent or agreement required by a condition specified in the masterplan consent area scheme. The fees charged may only relate to the recovery by the planning authority of the cost of preparing and making or altering a MCA scheme and requires that the authority, as soon as is practicable after all costs have been recovered, are to publish a statement declaring that their costs have been recovered. Planning authorities may also introduce fees in respect of an application for approval, consent or agreement required by a condition specified in the masterplan consent area scheme in order to recover their ongoing costs in processing applications for the approval, consent or agreement required by a condition specified in the masterplan consent area. Masterplan Consent Area Guidance provides more information.

6.3.2 Planning authorities may only charge fees in relation to Masterplan Consent Areas if it has first published information which sets out:

(a) how the fee or charge, as the case may be, is to be calculated,

(b) under what circumstances the planning authority may waive or reduce the fee or charge, and

(c) in the case of a charge payable under paragraph 2(a) of regulation 4A when the charge is to be paid.

6.4 Non-material variations

6.4.1 The Regulations provide that an authority may introduce a charge of £230 for each request for a non-material variation to a planning permission under Section 64 of the Town and Country Planning (Scotland) Act 1997.

6.5 Conditions (excludes AMSC applications relating to planning permission in principle)

6.5.1 An authority may introduce a fee of £115 to provide written confirmation that a condition has been complied with. Similarly an applicant may wish seek written confirmation of compliance with a more than one condition within each request which will result in a single fee of £115 being payable.

6.6 Retrospective applications

6.6.1 Authorities may introduce a surcharge for applications for planning permission where the application relates to development carried out without permission (section 33 of the 1997 act). The fee is that which would be charged if the application were for planning permission for that development plus a surcharge of up to 25%. Planning authorities are required to set out the circumstances whereby the surcharge shall be applied or not applied.