PART 3Applications where no fee is payable

Restrictions on permitted development rights

regulation 6 + 6.—(1) No fee is payable under regulation 3 where the Scottish Ministers are satisfied as to the matters specified in paragraph (2).

(2) The matters are that—

regulation 6 2 a + (a)the appeal relates solely to development within one or more of the classes specified in schedule 1 of the General Permitted Development Order, and

regulation 6 2 b + (b)the permission granted by article 3 of that Order does not apply in respect of that development by reason of—

regulation 6 2 b i + (i)a direction made under article 4 of that Order which is in force on the date when the application to which the appeal relates was made, or

regulation 6 2 b ii + (ii)the requirements of a condition imposed on a permission granted under Part 3 of the Act otherwise than by that Order.

(3) The reference in paragraph (2)(a) to an appeal which relates to development which is within one or more of the classes specified in schedule 1 of the General Permitted Development Order includes an appeal in respect of an application for planning permission for the continuance of a use of land, or the retention of buildings or works, without compliance with a condition subject to which a previous planning permission has been granted, and which prohibits or limits the carrying out of any development which is within one or more of those classes.