PART 4Appeals under the Planning (Hazardous Substances) (Scotland) Act 1997

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

term the 2015 regulations + regulation 10 + 10.—(1) Subject to paragraph (3), the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015(1) (“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.

(5) 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(2) made on or after 9 June 2025.