New Regulations: Scottish Appeals Fees Aim to Boost Planning System Resources

Starting 2025, new regulations in Scotland will introduce fees for appealing planning decisions, aiming to ensure the planning system is adequately funded. Known as the Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025, these rules will allow Scottish Ministers to charge fees for planning appeals, a move designed to share the financial burden with appellants rather than relying solely on taxpayers.

Why the Change?

The Scottish Government recognizes the vital role its Planning and Environmental Appeals Division (DPEA) plays in reviewing planning decisions. Currently, the cost of running this system is largely shouldered by the public. By introducing fees, the Government aims to ensure that appellants contribute to the costs of their appeals, creating a more balanced and sustainable funding model.

Consultation Insights

This policy shift follows extensive public consultations conducted in 2017, 2019, and 2024. While there is support for the change—highlighting improved application quality and reduced taxpayer burden—opponents argue it could hinder access to justice and create disparities based on financial capability. Nonetheless, the Government believes it's crucial for the planning system to be well-resourced and that applicants should help cover appeal costs.

Compatibility and Impact

The regulations have been deemed compatible with the UN Convention on the Rights of the Child, ensuring no adverse effects on children's rights. Additionally, various impact assessments, including those for equality and environmental considerations, have been evaluated, with most screened out after thorough consultation.

Financial Impact

The introduction of appeal fees is expected to only affect a small percentage of planning cases, as over 92% of applications are approved annually. A Business and Regulatory Impact Assessment has been completed to outline potential financial implications for businesses and individuals involved in appeals.

Conclusion

These changes represent a significant shift in how planning appeals are funded in Scotland, aiming to create a fairer, more sustainable system. As the regulations come into effect, stakeholders will be watching closely to see how the introduction of fees influences the planning landscape.