PART 2Payment of fees

Payment of fees

regulation 3 + 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 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—

regulation 3 4 a + (a)a decision to grant planning permission subject to conditions,

regulation 3 4 b + (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—

regulation 3 5 a + (a)accompany the appeal, and

regulation 3 5 b + (b)be refunded if the appeal is rejected as invalidly made.

(6) For the purposes of paragraph (3)—

regulation 3 6 a + (a)term site + “site” has the meaning given in regulation 2 of the 1984 Regulations, but

regulation 3 6 b + (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

regulation 4 + 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—

regulation 4 3 a + (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

regulation 4 3 b + (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(1).