New Planning Regulation Introduces Fees for Local Reviews in Scotland

Starting in 2025, applicants seeking a local review of certain planning decisions in Scotland will need to pay a fee. This change is part of the Town and Country Planning (Fees for Local Reviews) (Scotland) Regulations 2025, aiming to ensure the planning system is better funded.

What’s Changing?

Currently, if your application for planning permission is refused, granted with conditions, or not decided within the expected timeframe, you can request a local review for free. However, under the new regulations, a fee will be introduced for reviews of refused applications. This aligns with the fees for appeals to Scottish Ministers, although separate regulations govern those.

Why Introduce Fees?

The Scottish Government believes that the planning system needs adequate resources and that applicants should contribute to the costs. The fees are expected to cover administrative costs, encourage better quality applications, and foster collaboration with planning authorities.

Public Opinion and Consultation

The fee introduction has been a topic of discussion in multiple public consultations since 2017. While some respondents fear it could impede access to justice and create a wealth-based divide, others argue it will improve the system's efficiency and resource allocation.

Financial Impact

A Business and Regulatory Impact Assessment suggests the fees will only affect a small number of cases, as over 92% of planning applications are approved annually. The fees aim to support ongoing performance improvements, benefiting both authorities and applicants.

Compatibility and Alignment

The regulations are deemed compatible with the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. They are not related to Scotland's EU alignment policies.

This is a significant shift in how planning reviews are funded, signifying a move towards a more self-sustained planning system in Scotland. The changes will come into effect on 28 April 2025.