Planning Fees in Edinburgh

Following the national fee changes in April 2022, there are two further important changes to planning fees specific to Edinburgh. This approach has also been taken in Perth and Kinross.

“To reflect these changes, we have created a Planning Fees Charter which is now available on our website.

  • From 1 October 2022 retrospective planning applications will be subject to a 25% surcharge
  • Reduced fees: some fees for not for profit or social enterprises can now receive a 25% discount

Below is a summary of the changes:

Retrospective Applications

A retrospective application is an application for planning permission for a development which has already commenced or has been completed without planning permission.

Retrospective applications often result from Enforcement enquiries but can also be the result of other factors. A surcharge on retrospective applications is being introduced to provide a means of recovering some of the costs of carrying out enforcement investigations.

From 1 October 2022, Edinburgh Council will be imposing the maximum 25% surcharge allowed by the regulations.

As an example, an average householder application for a summerhouse in retrospect, would mean the normal application fee of £300 plus a further 25% (£75).

If you are submitting a retrospective application, it is important that you highlight this at the time of submission.

The surcharge will not be calculated when an application is submitted on e-planning.scot. This is because e-planning is a national service which does not consider individual charges by local authorities. This will mean that the extra fee will be requested when your application is registered. If the required surcharge is not paid, your application will not be progressed to determination.

Reduced Fees

Starting immediately, Edinburgh Council will reduce the fee by 25% for applications which relates to development which

  • has the primary purpose of contributing to a not for profit or social enterprise
  • relates to development which is likely to contribute to improving the health of residents in the area to which the application relates.

Applications must meet both the above criteria to be considered for an exemption.

The amount levied will depend on the type of application. For example, a £300 fee would be reduced to £225.

The full statutory fee should be paid when the application is submitted. The Council will make a decision on receipt of an application as to whether a 25% reduction is applicable and will refund the applicant accordingly.

Prospective applicants should make clear in their supporting information if they are seeking a reduction in the application fee.

Clear justification should be given for why the applicant believes that a reduction in the fee is applicable.

For full details, see our revised Planning Fees Charter.”

Licensing and Planning – Will You Need Planning Permission?

Part of the licensing order for Short-Term Let Licensing includes provision for local authorities to ask for evidence of planning permission. Different local authorities are taking a different approach to this.

Will planning stop me getting a licence? It may do and not only if you are in a planning control area. Councils can exercise their right to preliminary refusal if there is no planning in place or applied for. Applicants will have three months to exhibit proof of planning consent or certificate of lawfulness (COL), or that they have applied for planning or a COL.

Perth & Kinross have published a checklist to identify if you need planning permission.

Other local authorities are taking a more pragmatic approach and only requiring evidence of planning in Planning Control Areas.

We will know more once applications go live in the coming weeks.

Short-Term Let PQs

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government what the consequences will be for any local authority that does not have its short-term lets licensing scheme established by 1 October 2022. S6W-10437

Shona Robison: I have recently written to local authority Housing Conveners and Chief Executives to remind them of their duty to establish short-term let licensing schemes by 1 October 2022, and we continue to work with local authorities on implementation matters as they prepare to open licence schemes in their areas by this date.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government whether any local authority has requested an extension to the deadline for establishing a short-term lets licensing scheme by 1 October 2022, and what consideration has been given to any such request. S6W-10436

Shona Robison: No local authority has submitted a request seeking an extension to the deadline of 1 October for establishing short-term let licensing schemes in their area. Officials remain in regular dialogue with local authorities in the lead up to schemes opening.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government which minister signed off the Island Communities Impact Assessment carried out as part of its consultation on proposals for the regulation of short-term lets, published on 10 December 2020. S6W-10498

Shona Robison: The Island Communities Impact Assessment did not require ministerial sign off however, it formed part of the 2020 Short-term Let Consultation Report which was signed off by Kevin Stewart who was the Minister for Local Government, Housing and Planning.

S6W-10955: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 08/09/2022

To ask the Scottish Government, further to the First Minister’s statement to the Parliament on the Programme for Government, on 6 September 2022, that a proposed Housing Bill would “implement key policies on short-term lets”, whether this refers to enacted or new regulations on the matter.

Answered by Shona Robison: This refers to the level of fines for some short-term let licensing offences. When we were developing the short-term let licensing legislation in 2020 we consulted on the maximum level of fines for operating without a licence; breaching a licence condition; and for providing false information. Provisions for this will be included in a forthcoming Housing Bill.

S6W-11302: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 04/10/2022

To ask the Scottish Government, further to the answers to questions S6W-10436 and S6W-10437 by Shona Robison on 21 September 2022, and in light of Aberdeenshire Council’s short-term lets licensing consultation ending on 7 October 2022, after the deadline for establishing local schemes, what discussions have been held with Aberdeenshire Council regarding the timeline for implementation of such licensing; and what the repercussions are for any local authority that did not have its short-term lets licensing scheme established by 1 October 2022.
Current Status: Expected Answer date 01/11/2022

S6W-11301: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 04/10/2022

To ask the Scottish Government, further to the answers to questions S6W-10436 and S6W-10437 by Shona Robison on 21 September 2022, how many local authorities have indicated that they were not in a position to establish their short-term lets licensing scheme by 1 October 2022.
Current Status: Expected Answer date 01/11/2022

S6W-11303: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 04/10/2022

To ask the Scottish Government, further to the answers to questions S6W-10436 and S6W-10437 by Shona Robison on 21 September 2022, and in light of the Report to Aberdeenshire Council’s Business Services’ Licensing Sub-Committee of 2 September 2022 under item six, paragraph 3.8.1, whether it can confirm that licensing officers from Aberdeenshire Council told the Scottish Government that it would not be possible to establish the short-term lets licensing scheme by 1 October 2022; and what its response is to the comment in the report regarding this deadline that “other Scottish Licensing Authorities are in the same position as Aberdeenshire Council”.
Current Status: Expected Answer date 01/11/2022