The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022
North Lanarkshire Council · 13 October 2022
Back to Planning Committee — 13 October 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☒ Yes ☐ No Ref Date 13/10/22 The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 From Pamela Humphries, Head of Planning and Regeneration E-mail BowdenL@northlan.gov.uk Telephone Lorna Bowden, 07939 280460 Executive Summary The Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022 (“the Regulations”) set out the level of fees required as part of the submission of planning applications and other associated applications. The Regulations for the first time include new sections on discretion to charge fees, waiving or reducing of fees and surcharges on retrospective planning applications. The Regulations require us, as planning authority, to set out what we will charge for these services, when and by how much fees will be reduced, and clarify the level of surcharges applied. This report sets out recommendations in relation to additional fees the Council may wish to consider charging which could deliver additional resources to enhance the service provided and ensure a well-resourced and efficient planning service is maintained. Recommendations It is recommended that the Planning Committee agree to the following: i) the introduction of fees for providing the following: • pre-application discussions / written advice as set out in section 2.7 • considering a request to vary a planning permission under section 64 of the 1997 Act (non-material variations) as set out in section 2.11 • considering a request for written confirmation of compliance with a condition imposed on the grant of planning permission (Conditions Discharge) as set out in section 2.12 ii) the reduction of fees by 50% for the following: • where the application relates to development which, in the opinion of the planning authority, has the primary purpose of contributing to a not-for- profit enterprise or a social enterprise.
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1. Background 1.1 The Regulations set out the level of fees required as part of the submission of planning applications and other associated applications. The Regulations replace the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004. They also introduce some additional categories of payment and enabling the planning authority to charge discretionary fees for some services, to reduce or waive fees in certain cases and to apply a surcharge for retrospective applications. 1.2 The Regulations require us, as planning authority, to set out what we will charge for these services, when and by how much fees will be reduced and clarify the level of surcharges applied. 1.3 The increase in planning fees came into effect on 1st April 2022 and included planning fees for a single house increasing from £401 to £600 and householder application fees increasing from £202 to £300. The most significant increase relates to the category of electricity generation where the maximum fee has been increased from £125,000 to £150,000 albeit some fees for large scale wind turbines up to a maximum of 3 have also been significantly reduced from that previously applicable. 1.4 The Regulations for the first time include new sections on discretion to charge fees, waiving or reducing of fees, and surcharges on retrospective planning applications. The majority of Local Planning Authorities across Scotland have already been charging for preliminary enquiries and non-material variations services. North Lanarkshire has thus iii) the implementation of a surcharge on retrospective applications for the following: • An additional 25% surcharge fee where, on or after 1st November 2022, an application for planning permission is made after the carrying out of the development to which it relates. iv) the additional or amended charges in relation to the following as set out in sections 2.29, 2.30 and 2.33: • Submitting paper applications • Refund charges • Property History Search and Provision of Decision Notice and Plans v) note the deferral until publication of NPF4 on a decision on the reduction of fees for the following: • where the application relates to development which, in the opinion of the planning authority, is likely to contribute to improving the health of residents of the area to which the application relates. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements
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far not charged for such services as outlined in the new discretionary fees section of the regulations. 1.5 This report sets out recommendations in relation to additional fees the Council may wish to consider charging which could increase income to provide additional support to applicants, and ensure a well-resourced and efficient planning service is maintained. 2. Report 2.1 This report is intended to advise on potential options for additional fees to be charged by the planning authority in relation to functions we currently carry out but do not currently charge a fee for in line with both the Regulations and additional fees currently charged by other Local Authority areas. 2.2 Having reviewed various Local Authority areas it is noted that some have been charging additional fees for some services for a considerable period already. Given the current and future budgetary constraints placed upon all Council areas it is considered prudent to consider the potential for any additional revenue streams to help ensure a well- resourced and efficient planning service is maintained going forward. 2.3 It is estimated that the introduction of charging as set out in the report below has the potential to generate an annual income of £50,000. Pre-application Discussions / Written Advice 2.4 The provision of pre-application enquiry advice is fundamental to identify the appropriate supporting information to front load a planning application and assist in reducing determination timescales. Currently the planning authority offers generic pre- application advice for local developments (defined as all development other than national and major developments) and householder developments (works to a residential dwelling and within its curtilage) via the Council’s website which provides useful links to information that can help inform if planning permission is required, clarify the process for applying for a certificate of lawfulness, provide links to the interactive local development plan and supplementary planning guidance notes. The planning authority also offers bespoke pre-application advice for major developments but does not charge for this service. 2.5 The Regulations state that a planning authority may only charge fees for pre-application discussions after the publication of information setting out the following: - i) which services a fee is to be charged for, ii) how fees are to be calculated for those services, and iii) under what circumstances the planning authority may waive or reduce that fee. The planning authority is also required to publish the information on the Council’s website. 2.6 While the introduction of fees for local and householder pre application advice will potentially have resource implications in terms of staff time, it is considered that, on balance, the time invested in providing this pre application advice could be offset against time saved later in the process if less officer time required to secure a compliant planning application.
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2.7 Notwithstanding the recent changes in legislation it should be noted that a number of other Local Authorities have been charging for pre-application advice for a considerable period of time. Having reviewed some of the services and charges that they provide, and taking into account likely resources involved, the suggested fees for pre-application advice are set out below: - Listed Building Pre-Application Proposals £65 Householder Pre-Application Proposals £65 Single House Pre-Application Proposals £200 Commercial Developments and Change of Use £200 Pre-Application Proposals (Maximum Floor Space 500m²) Local Pre-Application Proposals £500 (Other than Householder Developments, Single Houses and Commercial Developments and Changes of Use up to Max 500m²) Major Pre-Application Proposals £1000 2.8 Should the fees be agreed the Council will need to provide detail on the content and advice that will be provided by the paid for service for pre application advice. A draft of the proposed content of the written advice (for consideration) is provided in the attached Annex - (Draft Pre-Application Service Guidance Document) to this report. 2.9 It should be noted that any paid pre-application service would not preclude applicants from utilising the current means for obtaining pre-application advice in terms of:- i) The use of the Council’s website which includes useful links to information that can help inform if planning permission is required, process for applying for a certificate of lawfulness, links to the interactive local development plan and supplementary planning guidance notes. ii) Use of an architect or planning consultant who should be familiar with local policies and procedures as well as national planning guidance. iii) Use of the duty officer enquiry system – for general and non-specific advice only for which there is no charge for the service – enquiries of a specific nature would be directed to the paid for pre-application advice service. Request to Vary a Planning Permission Under Section 64 of the 1997 Act (Non-material Variations) 2.10 The request to vary a planning permission under section 64 of the 1997 Act (Non- material Variations) currently attracts no fee. The Regulations set out a flat fee of £200 for each request and it is proposed to charge this fee for all development types in line with the level set out in the Regulations. 2.11 It should be noted that if the recommendation for the £200 charge is agreed it would only apply to applications made on or after 1st April 2022 and non-material variation requests made after the date of Committee approval of these fee charges.
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Request for Written Confirmation of Compliance with a Condition Imposed on the Grant of Planning Permission (Conditions Discharge) 2.12 The written confirmation of compliance with a condition and discharge of a Planning condition (Conditions Discharge) currently attracts no fee. The Regulations outline that ”where a request is made to a planning authority for written confirmation of compliance with a condition imposed on the grant of planning permission the fee payable to that planning authority is £100 for each request”. It is therefore recommended that this discretionary fee is applied to each separate request made if approved. It should be noted that whilst the ability to charge is discretionary the fee level of £100 is set by the legislation. For clarity the fee charges are in relation to a formal request for discharge submitted by the applicant/agent and would not be applicable to general enquiries on the status of compliance/discharge of planning conditions from interested third parties such as neighbours. 2.13 The fee would apply to each request made and could cover more than one planning condition on the same planning consent. Each separate request will attract a new fee. In terms of applications where the fee is waived under Regulation 7 (means of access, etc. for disabled persons for example) it is proposed to waive fees relating to discharge and compliance with condition fees. 2.14 It should be noted that if the recommendation for the £100 charge is agreed it would only apply to applications made on or after 1st April 2022 and condition discharge requests made after the date of Committee approval of these fee charges. Waiving or Reduction of Fees 2.15 Currently there are no fees payable for works or alterations to improve access, safety, health or comfort for a disabled person in terms of householder developments in circumstances where a health professional has provided written confirmation that the works will positively impact the health or comfort of the applicant. 2.16 The Regulations allow a planning authority to waive or reduce a fee following the publication of a charter setting out the circumstances in which the planning authority will consider waiving or reducing a fee payable to them. The charter must include but is not limited to the circumstances: - i) where the application relates to development which, in the opinion of the planning authority, has the primary purpose of contributing to a not-for-profit enterprise or a social enterprise, and ii) where the application relates to development which, in the opinion of the planning authority, is likely to contribute to improving the health of residents of the area to which the application relates. 2.17 Section 252(1F) of the 1997 Town and Country Planning (Scotland) Act 1997 as amended (“The 1997 Act”) defines “not for profit enterprise” and “social enterprise” as follows: - i) “not for profit enterprise” means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society, ii) “social enterprise” means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which— a) generates most of its income through business or trade,
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b) reinvests most of its profits in its social objects, c) is independent of any public authority, and d) is owned, controlled and managed in a way that is consistent with its social objects 2.18 In waiving or reducing any fee payable, the planning authority must state the reasons for doing so on any decision notice and the charter produced by the planning authority as noted in paragraph 2.16 above must also be published on the Council’s website. 2.19 On the basis of the revised guidance the Council can waive or reduce planning fees for applications that are considered to fall within the categories and definitions contained within paragraphs 2.16 and 2.17 above. 2.20 At this stage it is recommended that we offer a 50% fee reduction for developments considered to have the primary purpose of contributing to a not-for-profit enterprise or a social enterprise as defined by the 1997 Act as outlined in 2.16 above. It should be noted that it would be for the applicant to show how they fall within the category defined when seeking the fee reduction and the planning authority would take a view on such a submission on a case-by-case basis. 2.21 In terms of development which, in the opinion of the planning authority, is likely to contribute to improving the health of residents of the area to which the application relates. Due to the lack of clarity on the implications of this it is not recommended that a fee reduction is provided at this stage, and this will be reviewed after the publication of the finalised National Planning Framework (NPF4) later this year or early next year, at which time the Council can fully consider the implications of introducing such a fee reduction. A Surcharge on Retrospective Applications 2.22 Currently there are no additional fees payable for an application for planning permission which is made retrospectively. The Regulations allow a planning authority to impose a surcharge for such applications and for this to be an amount calculated by the planning authority but not exceeding one quarter of the level of the fee that would be payable if the application were for planning permission to carry out that development. 2.23 A planning authority may only impose a surcharge following the publication of information on its website which includes: - a) how the surcharge is calculated, and b) under what circumstances the planning authority may impose a surcharge 2.24 It is recommended therefore that in line with the Regulations a surcharge of 25% of the application fee is applied to all retrospective applications. It should be noted that many retrospective applications are made once all the development is complete and others when the development has been started but not completed. In circumstances where work has started but not completed and may include a revised design these planning applications shall also attract a surcharge of 25%. The introduction of a surcharge is hoped to reduce the number of unauthorised developments that are carried out without the necessary planning permission in place and is considered commensurate with the additional officer time and resources that can be expended with such applications given their sometimes more challenging nature. 2.25 It is envisaged that the fee will be applied at the time of validation for retrospective applications or (at the discretion of the planning service) before the application is
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determined in cases whereby it only becomes clear during the assessment process that the application is in fact retrospective. 2.26 It should be noted that if the recommendation for the 25% fee surcharge is agreed this can only take effect from the 1st of November 2022. Additional Options for Charges 2.27 It is noted that other Local Authorities also charge fees for submitting paper applications and refunds of planning fees. Submitting Paper Applications 2.28 Currently there are no additional fees payable for the submission of paper applications. An additional fee for the submission of paper applications would help towards providing additional revenue to off-set the additional time and resources required when processing paper applications. Notwithstanding the environmental benefits for further incentivising the submission of applications electronically it is envisaged that such a charge is a reasonable cost in relation to the additional time and resource spent scanning and processing such submissions. 2.29 It is recommended that the following fees would be commensurate with the time and resource spent on such submissions: - Non-Householder / Local £80 Major Applications £180 Refund Charge 2.30 Currently we do not charge a fee for processing a refund and it is recommended that a fee of £10 is deducted to refund requests and the charges will cover the time and costs associated with such requests. Increase in Fees for Property History Search, Decision Notice and Plans 2.31 Currently the Council charges an initial fee for a history search (first two hours) at £26.50 and thereafter, each hour £19. A copy of the Decision Notice is charged at £14.10 in addition to the history search fee. The provision of copies of plans (charge applies for both paper and electronic copies) is as follows: - A4 £0.10 A3 £0.15 A2 £0.60 A1 £0.95 A0 £1.88 In addition to £3.20 per 15 minutes of officer time. 2.32 Should requests be received for a planning history search, a certified copy of the Decision Notice and/or plans associated with it, then it is recommended that a fee representing the time and resource spent on providing such a service is reflected in the overall charge. It is noted that other planning services charge higher fees for such services already.
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2.33 It is recommended that the following fees would be commensurate with the time and resource spent on such provision: - Planning Application History for a Single Property £150 Certified Copy of Decision Notice £50 Certified Copy of Decision Notice including Plans £100 (Householder, Local and Advert Applications) Certified Copy of Decision Notice including Plans £200 (Major Applications) 2.34 It should be noted that the decision notice and approved plans for applications received for at least the last decade are also available to view on the Council’s Planning Portal for no charge. 3. Measures of success 3.1 The proposed additional discretionary planning fees being charged offer additional resources to give additional financial support to the planning authority and ensure a well-resourced and efficient planning service is maintained. 4. Supporting documentation 4.1 A draft of the likely content of the written advice to be included within the pre-application response is provided in the attached Annex - (Draft Pre-Application Service Guidance Document) to this report. Pamela Humphries Head of Planning and Regeneration
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ During the passage of the Planning (Scotland) Bill, draft assessments (EQIA and CRWIA) were published by the Scottish Government in advance of Stage 3 (June 2019). These assessments did not provide any direct evidence on matters pertaining to performance or fees The consultation undertaken between December 2019 and February 2020 indicated that the Scottish Government considered that an EQIA, CRWIA, SEA, Fairer Scotland Duty or an Islands Impact Assessment were not required. If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? The proposed report outlines how the Planning Service can potentially recoup additional resources by introducing discretionary charges for functions that it currently carries out for free. The proposed charges represent a reasonable estimation of costs in relation to officer time and resource in processing these requests. It is anticipated that the introduction of charging as set out in the report below has the potential to generate an annual income of £50,000. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact?
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5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed?
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Pre-Application Enquiry Guidance Document North Lanarkshire Council Planning Service provide a chargeable pre-application advice service. The benefits of seeking pre-application advice can be summarised as follows: - • The advice will identify the relevant local development plan policies and supplementary planning guidance where relevant and offer the context on how the policies and guidance will be applied to your proposals. • May allow the identification at an early stage of the need for specialist input in terms of Transportation requirements, Ground Conditions (SI and CMRA), Drainage, Flooding, Protected Species etc. (we will not be undertaking consultations – see point 3 below) • It may flag up unacceptable proposals at an early stage or ones that require significant changes to be acceptable thus saving the cost of submitting a formal application unlikely to receive a favourable recommendation. • Early pre-application engagement may reduce the timescales for determination of the application – provided that all matters raised are included within the subsequent planning application submission. • The service is confidential, and no information will appear on the public planning portal. Submission Requirements SUBMISSION REQUIREMENTS (minimum information required for an assessment to be made) All dimensions / scales to be shown in metric. An ordinance survey-based location plan (scale 1;1250, 1;2500 or suitable scale to outline the application site) that outlines the pre-application site in red and any additional land ownership outside of the application site in blue. Details of the means of access to the site. SUBMISSION REQUIREMENTS (additional information to offer the best possible advice) Site Layout / Block Plan Existing / Proposed Elevations Existing / Proposed Floor Plans Site Photographs Topographical Plans / Site levels (where site levels are a potential issue) Design Statement / Design and Access Statement It should be noted that the more detailed the information you provide with the pre-application submission the better and more detailed site-specific pre-application advice it will allow the Planning Authority to provide.
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Cost The fee for this service is based on the pre-application type as follows: Pre-Application Type Cost Listed Building Pre-Application Proposals £65 Householder Pre-Application Proposals £65 Single Residential Dwelling Pre-Application Proposal £200 Commercial Developments and Change of Use Pre-Application Proposals (Maximum Floor Space 500m² £200 Local Development Pre-Application Proposals (Other than Householder Developments, Single Houses and Commercial Developments and Change of Use up to a Max 500m² £500 Major Development Pre-Application Proposals £1000 Timescales The standard timescale we would expect to deal with your pre-application enquiry would be as follows: Pre-Application Type Timescale Listed Building Pre-Application Proposals 20 Working Days Householder Pre-Application Proposals 20 Working Days Single Residential Dwelling Pre-Application Proposal 20 Working Days Commercial Developments and Change of Use Pre-Application Proposals (Maximum Floor Space 500m² 20 Working Days Local Development Pre-Application Proposals (Other than Householder Developments, Single Houses and Commercial Developments and Change of Use up to a Max 500m² 30 Working Days Major Development Pre-Application Proposals 40 Working Days It should be noted that some of the more complex cases may take longer to consider and in such circumstances the case officer will contact you and explain the reasons for delay and try to give an indication of the likely timescales for our response. Pre-Application Response In response to a completed pre-application submission including the required fee the Planning Service will provide the following within its response: - 1. An assessment of the planning merits of the proposals in terms of the development plan and in particular the relevant North Lanarkshire Local Development Plan Policies and Supplementary Planning Guidance where relevant. 2. Detail the submission requirements by identifying where possible the relevant material considerations to be taken account of in terms of but not limited to: - • Roads Infrastructure Requirements, Access and Parking; • Ground conditions (SI and CMRA); • Drainage and Flooding;
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• Protected Species; • Design (Materials, Layout, Landscaping, Topography, Open Space/Play Provision); • Impacts on surrounding Residential Amenity in terms of Daylight/Sunlight (overshadowing), Overlooking (privacy), Scale and Massing (overdevelopment) • Other such matters that are considered relevant to the determination of the proposals. 3. Offer general design and layout advice but will not include consultation with internal or external stakeholders – Advice will be limited to existing Council Design Guidance, Constraints Mapping and outline requirements such as parking standards, open space and play provision etc. 4. Highlight any other specific matters of note in relation to the proposals such as EIA screening/scoping requirements and PAC/PAN requirements if applicable. 5. The advice will not offer definitive view of the likely outcome as a formal planning application is still required before a full assessment can be made. Please note that the planning process includes consulting with internal and external consultees, a site visit, neighbour notification and advertisement procedures which may result in representations on material planning considerations not available at the pre-application stage and requires the taking account of any other material considerations that may arise during the planning assessment process. 6. The pre-application service does not include provision of a meeting. Meetings may be offered but only in specific circumstances when the Planning Service considered it necessary to inform the content of the pre-application response. It should be noted while we will make every effort to ensure that any pre-application advice is as accurate and comprehensive as possible, any advice given by officers in response to a pre- application advice request does not constitute a formal decision of North Lanarkshire Council as Planning Authority and is given without prejudice to the determination of a planning application and any views expressed are not binding and are not intended to prejudice North Lanarkshire Council’s formal determination of any subsequent planning application.