The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2015

Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

3.—(1) The Town and Country Planning (General Permitted Development) (Scotland) Order 1992(1) is amended in accordance with paragraphs (2) to (4).

(2) In article 2 (interpretation) for the definition of “category A listed building” substitute—

““category A listed building” means a listed building specified as being category A in a list of buildings compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(2) (listing of buildings of special architectural or historic interest);”.

(3) Omit article 7(7).

(4) In Schedule 1 (classes of permitted development) after Part 25A (temporary protection of poultry and other captive birds) insert—

“PART 25B ANCIENT MONUMENTS

Class 72B— (1) The carrying out by or on behalf of the Scottish Ministers of development—

(a) consisting of the maintenance, repair or reinstatement of any ancient monument; or

(b) in exercise of their functions under the Ancient Monuments and Archaeological Areas Act 1979(3).

(2) Development is not permitted by Class 72B(1)(b) if the works involve the provision of facilities or services under section 20 of the Ancient Monuments and Archaeological Areas Act 1979(4) (provision of facilities for the public in connection with ancient monument).

(3) For the purposes of this class—

(a) development is not to be treated as being carried out by or on behalf of the Scottish Ministers where it is carried out by—

(i) Historic Environment Scotland; or

(ii) any person prescribed under section 3 of the Historic Environment Scotland Act 2014(5),

in the exercise of any function delegated to Historic Environment Scotland or such person, as the case may be, by the Scottish Ministers under that section; and

(b) “ancient monument” has the same meaning as in section 61 of the Ancient Monuments and Archaeological Areas Act 1979.”.

(1)

S.I. 1992/223; relevantly amended by S.S.I. 2001/266.

(2)

1997 c.9. Section 1 is amended by paragraph 2 of Schedule 3 to the Historic Environment Scotland Act 2014 (asp 19).

(3)

1979 c.46.

(4)

Section 20 is amended by section 8 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).

(5)

2014 asp 19.