Regulation 3(2)
SCHEDULE CALCULATION OF FEES
PART 1General provisions
Tables of fees
schedule paragraph 1 1.—(1) The fee payable under regulation 3 for an appeal in respect of an application relating to a category of development in column 1 of the relevant table contained in Part 3 of this schedule is the fee calculated in accordance with the appropriate entry in column 2 of that table and paragraphs 10 to 13 of Part 2.
(2) The relevant table is—
schedule paragraph 1 2 a (a)table 1 in relation to an appeal in respect of an application for—
schedule paragraph 1 2 a i (i)planning permission, or
schedule paragraph 1 2 a ii (ii)approval, consent or agreement required by a condition imposed on a grant of planning permission in principle,
schedule paragraph 1 2 b (b)table 2 in relation to an appeal in respect of an application for planning permission in principle,
schedule paragraph 1 2 c (c)table 3 in relation to an appeal in respect of an application for a certificate of lawful use or development under section 150 of the Act or for a certificate of proposed use or development under section 151 of the Act,
schedule paragraph 1 2 d (d)table 4 in relation to an appeal in respect of an application for any approval required under the General Permitted Development Order.
Categories of development
schedule paragraph 2 2. In this schedule—
schedule paragraph 2 a (a)any reference to a category of development is a reference to one of the categories of development specified in column 1 of the relevant table, and
schedule paragraph 2 b (b)in the case of an appeal in respect of an application for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle, references to the category of development to which the application relates are to be construed as references to the category of development authorised by the relevant planning permission in principle.
Calculation of area or floor space
schedule paragraph 3 3. Where, in respect of any category of development the fee must be calculated by reference to—
schedule paragraph 3 a (a)the site area—
schedule paragraph 3 a i (i)that area is to be taken as consisting of the area of land to which the application in respect of which the appeal is made relates, and
schedule paragraph 3 a ii (ii)where the area is not an exact multiple of the unit of measurement specified in respect of the relevant category of development, the fraction of a unit remaining after division of the total area by the unit of measurement is to be treated as a complete unit, and
schedule paragraph 3 b (b)the gross floor space—
schedule paragraph 3 b i (i)the area of gross floor space is to be ascertained by external measurement of the floor space, whether or not it is to be bounded wholly or partly by external walls of a building, and
schedule paragraph 3 b ii (ii)where the floor is to be measured by units of 100 square metres any floor space remaining after division of the gross floor space by 100 square metres is to be treated as 100 square metres.
Alternative applications
schedule paragraph 4 4. Where an appeal is made in respect of an application which relates to development which is within more than one of the categories of development—
schedule paragraph 4 a (a)an amount is to be calculated in respect of each category of development, and
schedule paragraph 4 b (b)the highest amount so calculated is the fee payable in respect of the appeal.
Mixed use
schedule paragraph 5 5.—(1) Where this paragraph applies the fee payable for an appeal is calculated and payable in accordance with sub-paragraphs (3) to (6).
(2) This paragraph applies in respect of development which is partly within category 1 and partly within category 4 of table 1.
(3) Subject to sub-paragraphs (4) and (5), the fee payable is the sum of—
schedule paragraph 5 3 a (a)term the non residential floor space the amount calculated and payable for the amount of gross floor space which is to be created by that part of the development which is within category 4 (“the non-residential floor space”), and
schedule paragraph 5 3 b (b)the amount payable in respect of that part of the development which is within category 1.
(4) Where sub-paragraph (5) applies for the purpose of sub-paragraph (3), the amount of non-residential floor space is to be assessed in relation to that building as including such proportion of the common floor space as the amount of non-residential floor space in the building bears to the total amount of gross floor space in the building.
term common floor space (5) This sub-paragraph applies where any of the buildings is to contain floor space for the purposes of providing common access or common services or facilities for persons occupying or using that building for residential purposes, and for persons occupying or using that building for non-residential purposes (“common floor space”).
(6) Where an appeal to which this paragraph applies relates to development which is also within one or more of any other category of table 1, an amount is to be calculated in accordance with each such category and if any of the amounts so calculated exceeds the amount calculated in accordance with sub-paragraph (3) that higher amount is the fee payable in respect of all of the development to which the appeal relates.
Glasshouses and polytunnels
term glasshouse and polytunnel schedule paragraph 6 6. In table 1 “glasshouse and polytunnel” means a building which—
schedule paragraph 6 a (a)has not less than three-quarters of its total external area comprised of glass or other translucent material,
schedule paragraph 6 b (b)is designed for the production of flowers, fruit, vegetables, herb or other horticultural produce, and
schedule paragraph 6 c (c)is used, or is to be used, solely for the purposes of agriculture.
Planning permission in principle granted before 1 April 2022
schedule paragraph 7 7. Where the appeal is made in respect of an application for the approval, consent, or agreement required by a condition imposed on a grant of permission in principle and—
schedule paragraph 7 a (a)the planning permission in principle was granted before 1 April 2022, and
schedule paragraph 7 b (b)the application relates to development within categories 1, 4, 17, or 21 of table 1,
the fee payable under regulation 3 is subject to a maximum of £50,000.
Planning permission in principle granted before 12 December 2024
schedule paragraph 8 8. Where the appeal is made in respect of an application for the approval, consent, or agreement required by a condition imposed on a grant of permission in principle and—
schedule paragraph 8 a (a)the planning permission in principle was granted on or after 1 April 2022 and before 12 December 2024, and
schedule paragraph 8 b (b)the application relates to development within categories 1, 4, 17, or 21 of table 1,
the fee payable under regulation 3 is subject to a maximum of £60,000.
Planning permission in principle granted before 9 June 2025
schedule paragraph 9 9. Where the appeal is made in respect of an application for the approval, consent, or agreement required by a condition imposed on a grant of permission in principle and—
schedule paragraph 9 a (a)the planning permission in principle was granted on or after 12 December 2024 and before 9 June 2025, and
schedule paragraph 9 b (b)the application relates to development within categories 1, 4, 17, or 21 of table 1,
the fee payable under regulation 3 is subject to a maximum of £69,142.
PART 2Modified fees
Appeals by community councils
schedule paragraph 10 10. Where the appeal is made by a community council established under section 51 of the Local Government (Scotland) Act 1973(1), the amount of the fee payable in respect of the appeal is reduced by one half.
Appeals in respect of applications in conservation areas
schedule paragraph 11 11.—(1) Where all the conditions in sub-paragraph (2) are satisfied, the amount of fee payable in respect of an appeal is reduced by one quarter.
(2) The conditions are—
schedule paragraph 11 2 a (a)the application in respect of which the appeal is made relates solely to—
schedule paragraph 11 2 a i (i)the carrying out of operations for the alteration of a dwellinghouse (but not including the extension of or the erection of a dwellinghouse), or
schedule paragraph 11 2 a ii (ii)other operations within the curtilage of a dwellinghouse (but not including the extension of or the erection of a dwellinghouse),
schedule paragraph 11 2 b (b)the dwellinghouse is in a conservation area,
schedule paragraph 11 2 c (c)the application in respect of which the appeal is made relates solely to development within one or more of the classes specified in schedule 1 of the General Permitted Development Order, and
schedule paragraph 11 2 d (d)the only reason planning permission is not granted by article 3(1) of the General Permitted Development Order is that the development would be in a conservation area.
Appeals in respect of applications for the provision of facilities for sport or recreation
schedule paragraph 12 12.—(1) Where an appeal is made by or for a club, society, trust or other organisation which is not established or conducted for profit and whose objects or purposes, as the case may be, are the provision of facilities for sport or recreation, and the conditions specified in sub-paragraph (2) are satisfied, the fee payable is £286.
(2) The conditions are—
schedule paragraph 12 2 a (a)that the application in respect of which the appeal is made relates to—
schedule paragraph 12 2 a i (i)the making of a material change in the use of land to use the land as a playing field, or
schedule paragraph 12 2 a ii (ii)the carrying out of operations other than the erection of a building containing floor space, for purposes ancillary to the use of the land as a playing field,
and to no other development, and
schedule paragraph 12 2 b (b)that the Scottish Ministers are satisfied that the development is to be carried out on land which is, or is intended to be used wholly or mainly for the carrying out of the objects or purposes, as the case may be, of the club, society, trust or organisation.
Appeals in respect of applications for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle
schedule paragraph 13 13. Where—
schedule paragraph 13 a (a)term the current application an appeal is made in respect of an application for approval, consent or agreement in respect of one or more matters requiring such approval, consent or agreement in terms of a condition imposed on a grant of planning permission in principle (“the current application”), and
schedule paragraph 13 b (b)the fee payable to the planning authority in respect of the current application was the fee payable in terms of paragraph 10(3) of schedule 1 of the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022(2),
the fee payable for the appeal in respect of the current application is £238.
PART 3Tables of Fees
TABLE 1
FEES FOR APPEALS IN RESPECT OF APPLICATIONS FOR PLANNING PERMISSION AND APPLICATIONS FOR APPROVAL, CONSENT OR AGREEMENT REQUIRED BY A CONDITION IMPOSED ON A GRANT OF PLANNING PERMISSION IN PRINCIPLE
| Category of development | Fee payable |
|---|---|
| RESIDENTIAL DEVELOPMENT | (a) Where the number of dwellinghouses to be created by the development does not exceed 10, £286 for each dwellinghouse, (b) Where the number of dwellinghouses to be created by the development is fewer than 50, £286 for each of the first 10 dwellinghouses, and £214 for each dwellinghouse thereafter, (c) Where the number of dwellinghouses to be created by the development is 50 or more, £286 for each of the first 10 dwellinghouses, £214 for each dwellinghouse in excess of 10 up to 49 dwellinghouses, and £119 for each dwellinghouse in excess of 50, subject to a maximum total of £71,424 . |
| New dwellings | |
| 1. Construction of buildings, structures or erections for use as residential accommodation (other than development within categories 2 to 6). | |
| Existing dwellings | Where the application relates to— |
| 2. The carrying out of operations which will result in the enlargement, improvement or other alteration of an existing dwelling. | (a) one dwelling, £143, (b) 2 or more dwellings, £286. |
| 3. | |
| (a) The carrying out of operations, including the erection of a building within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or | £143. |
| (b) the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse. | £143. |
| NON-RESIDENTIAL BUILDINGS | |
| 4. The construction of buildings, structures or erections including extensions (other than construction within categories 1, 5, and 6). | (a) Where no floor area is created or the gross floor space created does not exceed 50 square metres, £143, (b) Where the gross floor space created exceeds 50 square metres, £286 in respect of any gross floor space up to 100 square metres, (c) Where the gross floor space exceeds 100 square metres, £286 plus £286 per 100 square metres in respect of any gross floor space exceeding 100 square metres and up to 4,000 square metres, (d) Where the gross floor space exceeds 4,000 square metres, £11,440 plus £143 per 100 square metres in respect of any gross floor space exceeding 4,000 square metres, subject to a maximum of £71,424, (e) Where no buildings are to be created, £286 per 0.1 hectare of site area, subject to a maximum of £71,424. |
| Agricultural buildings | |
| 5. The erection, on land used for the purposes of agriculture, of buildings to be used for agricultural purposes (other than buildings in category 6). | (a) Where the ground area to be covered by the development does not exceed 500 square metres, £238, (b) Where the ground area to be covered by the development exceeds 500 square metres, £238 plus £238 for each 100 square metres in excess of 500 square metres, subject to a maximum of £11,904. |
| Glasshouses and polytunnels | |
| 6. The erection of glasshouses or polytunnels to be used for agricultural purposes. | £48 for each 100 square metres of ground area to be covered by the development subject to a maximum of £2,381. |
| ENERGY GENERATION | |
| 7. The erection of wind turbines and the carrying out of other operations in connection with the construction of the generating station, including the construction or installation of any means of access to the generating station, pipes or other conduits, and overhead lines. | (a) Where the number of turbines does not exceed 3— |
| (i) where none of the turbines have a ground to hub height exceeding 15 metres, £595, (ii) where one or more of the turbines has a ground to hub height exceeding 15 metres, but not exceeding 50 metres, £1,190, (iii) where one or more of the turbines has a ground to hub height exceeding 50 metres, £2,380. | |
| (b) Where the number of turbines does exceed 3, £238 for each 0.1 hectare of site area, subject to a maximum of £71,424. | |
| 8. The construction of a hydro-electric generating station and the carrying out of any other operations in connection with the construction of the generating station, including the construction or installation of any means of access to the generating station, pipes or other conduits, and overhead lines. | £238 for each 0.1 hectare of site area, subject to a maximum of £11,904. |
| 9. The construction of a solar electric generating station and the carrying out of any other operations in connection with the construction of the generating station, including the construction or installation of any means of access to the generating station, pipes or other conduits, and overhead lines. | £238 for each 0.1 hectare of site area, subject to a maximum of £11,904. |
| 10. The carrying out of any operations connected with the exploratory drilling for oil or natural gas. | (a) Where the site area does not exceed 0.1 hectares, £476, (b) Where the site area exceeds 0.1 hectares, £476 in respect of the first 0.1 hectares of site area, plus £238 for each 0.1 hectare of site area in excess of 0.1 hectares, subject to a maximum of £71,424. |
| FISH AND SHELLFISH FARMING | |
| 11. The placing or assembly of equipment in any part of any marine waters for the purposes of fish farming. | £95 for each 0.1 hectare of the surface area of the marine waters to be used in relation to the placement or assembly of any equipment for the purposes of fish farming and £36 for each 0.1 hectare of the sea bed to be used in relation to such development, subject to a maximum of £11,904. |
| 12. The placing or assembly of equipment in any part of any marine waters for the purposes of shellfish farming. | £52 for each 0.1 hectare of the surface area of the marine waters to be used in relation to the placement or assembly of any equipment for the purposes of shellfish farming, subject to a maximum of £11,904. |
| 13. The erection, alteration or replacement of plant or machinery. | (a) Where the site area does not exceed 5 hectares, £238 for each 0.1 hectare of site area, (b) Where the site area exceeds 5 hectares, £11,900 plus £119 for each 0.1 hectare of the site area in excess of 5 hectares, subject to a maximum of £71,424. |
| 14. The construction of car parks, service roads and other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land. | £238 |
| 15. Operations for the winning and working of minerals (not including peat). | (a) Where the site area does not exceed 0.1 hectare, £476, (b) Where the site area exceeds 0.1 hectare, but does not exceed 15 hectares, £476 plus £238 for each 0.1 hectare of the site area in excess of 0.1 hectare, (c) Where the site area exceeds 15 hectares, £35,938, plus £119 for each 0.1 hectare of site area in excess of 15 hectares, subject to a maximum of £71,424. |
| 16. Operations for the extraction of peat. | (a) £238 for each 0.1 hectare of site area, subject to a maximum of £2,857. |
| 17. The carrying out of any operations not coming within any of the above categories. | (a) Where the site area does not exceed 0.1 hectare, £476, (b) Where the site area exceeds 0.1 hectare, but does not exceed 15 hectares, £476 plus £238 for each 1 hectare of the site area in excess of 0.1 hectare, (c) Where the site area exceeds 15 hectares, £4,046 plus £119 for each 0.1 hectare of the site area in excess of 15 hectares, subject to a maximum of £71,424. |
| USE OF LAND | |
| 18. The use of land for the disposal of refuse or waste materials or for the deposit of material remaining after minerals have been extracted from land. | (a) Where the site area does not exceed 0.1 hectare, £476, (b) Where the site area exceeds 0.1 hectare, but does not exceed 15 hectares, £476 plus £238 for each 0.1 hectare of the site area in excess of 0.1 hectare, (c) Where the site area exceeds 15 hectares, £35,938 plus £119 for each 0.1 hectare of the site area in excess of 15 hectares, subject to a maximum of £71,424. |
| 19. The use of land for the storage of minerals in the open. | (a) Where the site area does not exceed 0.1 hectare, £476, (b) Where the site area exceeds 0.1 hectare, but does not exceed 15 hectares, £476 plus £238 for each 0.1 hectare of the site area in excess of 0.1 hectare, (c) Where the site area exceeds 15 hectares, £35,938 plus £119 for each 0.1 hectare of the site area in excess of 15 hectares, subject to a maximum of £71,424. |
| CHANGE OF USE OF BUILDINGS OR LAND | |
| 20. The change of use of a building to use as one or more dwellinghouses. | (a) Where the number of dwellinghouses to be created by the development does not exceed 10, £286 for each dwellinghouse, (b) Where the number of dwellinghouses to be created by the development is fewer than 50, £286 for each of the first 10 dwellinghouses, £214 for each dwellinghouse thereafter, (c) Where the number of dwellinghouses to be created by the development is 50 or more, £286 for each of the first 10 dwellinghouses, £214 for each dwellinghouse in excess of 10 up to 49 dwellinghouses, and £119 for each dwellinghouse in excess of 50, subject to a maximum of £71, 424. |
| 21. A material change in the use of a building (other than a change of use referred to in category 20). | (a) Where the gross floor space does not exceed 100 square metres, £286, (b) Where the gross floor space exceeds 100 square metres, £286 plus £286 per 100 square metres up to 4,000 square metres, (c) Where the gross floor space exceeds 4,000 square metres, £11,440 plus £143 per 100 square metres in respect of any gross floor space exceeding 4,000 square metres, subject to a maximum of £71,424. |
| 22. A material change in the use of land (other than— (a) a change of use within category 21, or (b) a change of use within categories 18 or 19, or (c) a change in the use of equipment placed or assembled in marine waters for the purposes of fish farming or shellfish farming). | £238 per 0.1 hectare of site area subject to a maximum of £2,381. |
TABLE 2
FEES FOR APPEALS IN RESPECT OF APPLICATIONS FOR PLANNING PERMISSION IN PRINCIPLE
| Category of development | Fee payable |
|---|---|
| RESIDENTIAL DEVELOPMENT | |
| New dwellings | |
| 1. Construction of buildings, structures or erections for use as residential accommodation. | (a) Where only one dwellinghouse is to be created, £286, (b) Where more than one dwellinghouse is to be created and the site area does not exceed 2.5 hectares, £286 for each 0.1 hectare of the site area, (c) Where more than one dwellinghouse is to be created and site area exceeds 2.5 hectares, £286 for each 0.1 hectare up to 2.5 hectares of the site area, and then £143 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum of £35,712. |
| NON-RESIDENTIAL BUILDINGS | |
| 2. The construction of buildings, structures or erections including extensions. | £286 for each 0.1 hectare up to 2.5 hectares of the site area, and then £143 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum of £35,712. |
TABLE 3
FEES FOR APPEALS IN RESPECT OF APPLICATIONS FOR A CERTIFICATE OF LAWFUL USE OR DEVELOPMENT UNDER SECTION 150 OR A CERTIFICATE OF PROPOSED USE OR DEVELOPMENT UNDER SECTION 151 OF THE ACT
| Category of development | Fee payable |
|---|---|
| CERTIFICATES OF LAWFULNESS OF EXISTING USE OR DEVELOPMENT | |
| 1. An appeal in respect of an application under section 150(1)(a) or (b) of the Act (or both as the case may be). | The amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be). |
| 2. An appeal in respect of an application under section 150(1)(c) of the Act. | £143. |
| CERTIFICATES OF LAWFULNESS FOR PROPOSED USE OR DEVELOPMENT | |
| 3. An appeal in respect of an application under section 151(1) of the Act (apart from one within category 4). | Half the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both, as the case may be). |
| 4. An appeal in respect of an application under section 151(1)(a) where the use specified is use as one or more separate dwellinghouses. | £286 for each dwellinghouse, subject to a maximum of £71,424. |
TABLE 4
FEES IN RELATION TO APPLICATIONS FOR APPROVAL UNDER THE GENERAL PERMITTED DEVELOPMENT ORDER
| Category of development | Fee payable |
|---|---|
| 1. An appeal in respect of an application made for approval of the planning authority required in relation to development under schedule 1 of the General Permitted Development Order (other than one within categories 2 to 9). | £83. |
| 2. An appeal in respect of an application made by virtue of paragraph (4A) of Class 18 of Part 6 (agricultural buildings and operations) of schedule 1 of the General Permitted Development Order. | No fee. |
| 3. An appeal in respect of an application made by virtue of paragraph (4) of Class 18B of Part 6 (agricultural buildings and operations) of schedule 1 of the General Permitted Development Order. | £248. |
| 4. An appeal in respect of an application made by virtue of paragraph (5) of Class 18C of Part 6 (agricultural buildings and operations) of schedule 1 of the General Permitted Development Order. | £248. |
| 5. An appeal in respect of an application made by virtue of paragraph (4) of Class 21A of Part 6A (fish farming) of schedule 1 of the General Permitted Development Order. | £310. |
| 6. An appeal in respect of an application made by virtue of paragraph (4) of Class 22A of Part 7 (forestry buildings and operations) of schedule 1 of the General Permitted Development Order. | £248. |
| 7. An appeal in respect of an application made by virtue of paragraph (4) of Class 22 of Part 7 (forestry buildings and operations) of schedule 1 of the General Permitted Development Order. | No fee. |
| 8. An appeal in respect of an application made by virtue of paragraph (5) of Class 22B of Part 7 (forestry buildings and operations) of schedule 1 of the General Permitted Development Order. | £248. |
| 9. An appeal in respect of an application made by virtue of sub-paragraph (23) of Class 67 of Part 20 (development by electronic communications code operators) of schedule 1 of the General Permitted Development Order. | £310. |
1973 c. 65. Section 51 was amended by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180 and schedule 14.