PART 3Applications where no fee is payable

Means of access etc. for disabled persons

regulation 5 + 5.—(1) No fee is payable under regulation 3 where the local review body is satisfied as to the matters specified in paragraphs (2)(a) or (b).

(2) The matters are that the application relates solely to the carrying out of operations for—

regulation 5 2 a + (a)the alteration or extension of a dwellinghouse (but not including the erection of a dwellinghouse) or other operations within the curtilage of a dwellinghouse for the purpose of—

regulation 5 2 a i + (i)providing means of access to or within the dwellinghouse for a disabled person who resides or proposes to reside in that dwellinghouse, or

regulation 5 2 a ii + (ii)providing facilities designed to secure that person’s greater safety, health or comfort,

regulation 5 2 b + (b)the purpose of providing means of access for disabled persons to or within a building or premises to which members of the public are admitted.

term disabled person + (3) In this regulation, “disabled person” has the meaning given by section 6 of the Equality Act 2010(1).

Restrictions on permitted development rights

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

(2) The matters are that—

regulation 6 2 a + (a)the review 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 review 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 a review which relates to development which is within one or more of the classes specified in schedule 1 of the General Permitted Development Order includes a review 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.

Use specified in the Town and Country Planning (Use Classes) (Scotland) Order 1997

regulation 7 + 7.  No fee is payable under regulation 3 for a review in respect of an application for planning permission where the local review body is satisfied that—

regulation 7 a + (a)the application in respect of which the review is made relates solely to the use of a building or other land for a purpose of any class specified in the schedule of the Town and Country Planning (Use Classes) (Scotland) Order 1997(2),

regulation 7 b + (b)the existing use of that building or other land is for another purpose of the same class, and

regulation 7 c + (c)the review is in respect of an application for planning permission for the use to which it relates which is necessary because of a condition imposed on a permission granted under Part 3 of the Act.

Winning and working of minerals

regulation 8 + 8.  No fee is payable under regulation 3 in relation to a review in respect of an application for permission to carry out development consisting of the winning and working of minerals where the application—

regulation 8 a + (a)is for a permission which consolidates two or more subsisting permissions, or

regulation 8 b + (b)does not seek permission for development which is not authorised by a subsisting permission.