The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024

Amendment of Part 1A of schedule 1

6.  In Part 1A (installation of domestic microgeneration equipment)—

(a) in class 6D (the installation, alteration or replacement of a ground source heat pump within the curtilage of a dwellinghouse or building containing a flat), after “pump” insert “and any associated pipes or apparatus”,

(b) in class 6E (the installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse or building containing a flat), after “pump” insert “and any associated pipes or apparatus”,

(c) for class 6G (the installation, alteration or replacement of a free standing wind turbine within the curtilage of a dwelling) substitute—

“Class 6G

(1) The installation, alteration or replacement of a free standing wind turbine within the curtilage of a dwelling.

(2) Development is not permitted by this class—

(a) if it would result in the presence within the curtilage of a dwelling of more than one free standing wind turbine,

(b) if the wind turbine would be situated a distance which is less than 110% of the blade tip height of the turbine from the curtilage of another dwelling,

(c) if the blade tip height of the wind turbine would exceed 15 metres,

(d) if the lowest part of the wind turbine blade tip would be less than 5 metres from ground level,

(e) within—

(i) a conservation area,

(ii) the curtilage of a listed building,

(iii) a World Heritage Site,

(iv) a site of special scientific interest,

(v) a site of archaeological interest.

(3) Development is permitted by this class subject to the following conditions—

(a) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the siting, design, size and external appearance of the proposed wind turbine,

(b) the application is to be accompanied by—

(i) a written description of the proposed development, including details of the siting, design, size and external appearance of the proposed wind turbine, and

(ii) a plan indicating the site,

(c) the development is not to be commenced before the occurrence of one of the following—

(i) the receipt by the applicant from the planning authority of a written notice of their determination that prior approval in respect of the siting, design, size and external appearance of the proposed wind turbine is not required,

(ii) the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice of their determination that such approval is required, or

(iii) where the planning authority gives the applicant notice within a period of 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,

(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i) to the extent to which prior approval is required, in accordance with the details approved,

(ii) to the extent to which prior approval is not required, in accordance with the details submitted with the application,

(e) the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given,

(f) the wind turbine must comply with MCS Planning Standards for wind turbines or equivalent standards,

(g) the wind turbine (including the blades) must be constructed and maintained in a uniform external finish and colour and be free from external rust, staining or discolouration,

(h) if the wind turbine is no longer needed for, or capable of, the generation of electricity it must be removed as soon as reasonably practicable.”,

(d) in Class 6H—

(i) in paragraph (3)(c) after “Standards” insert “for air source heat pumps”,

(ii) omit paragraph (4),

(e) after Class 6H insert—

“Class 6HA

(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a dwelling.

(2) Development is not permitted by this class if—

(a) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwelling,

(b) the dwelling is situated in a conservation area and the solar PV or solar thermal equipment would be located on—

(i) the principal elevation, or

(ii) a side elevation where that elevation fronts a road,

(c) the dwelling is —

(i) a listed building or is within the curtilage of a listed building,

(ii) within a World Heritage Site.

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

Class 6HB

(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a building situated within the curtilage of a dwelling.

(2) Development is not permitted by this class if—

(a) it would protrude more than 500 millimetres from the outer surface of an external wall, roof plane, roof ridge or chimney of the building,

(b) the building is situated in the front curtilage of the dwelling,

(c) the building is—

(i) a listed building or within the curtilage of a listed building,

(ii) within a World Heritage Site,

(d) it would be development described in class 6HA(1).

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

(4) In this class “front curtilage” means that part of the curtilage of the dwelling forward of the principal elevation of the dwelling.

Class 6HC

(1) The installation, alteration or replacement of a wind turbine on a detached dwellinghouse.

(2) Development is not permitted by this class—

(a) if it would result in the presence on the same dwellinghouse of more than one wind turbine,

(b) if any part of the wind turbine would protrude more than 3 metres above the highest part of the roof (excluding any chimney) of the dwellinghouse,

(c) if any part of the wind turbine would be less than 5 metres from ground level,

(d) if the swept area of the turbine would be more than 4 square metres,

(e) if any part of the wind turbine would be less than 5 metres from the boundary of the curtilage of the dwellinghouse,

(f) in the case of a dwellinghouse—

(i) in a conservation area,

(ii) in a World Heritage Site,

(iii) in a site of special scientific interest,

(iv) which is a listed building or is in the curtilage of a listed building.

(3) Development is permitted by this class subject to the following conditions—

(a) the wind turbine must comply with MCS Planning Standards for wind turbines or equivalent standards,

(b) the wind turbine must be constructed and maintained in a uniform external finish and colour and be free from advertisements, external rust, staining or discolouration, and

(c) if the wind turbine is no longer needed for, or capable of, generating electricity it must be removed as soon as reasonably practicable.”,

(f) in the interpretation section of Part 1A—

(i) after the definition of “microgeneration” insert—

““principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,

“rear elevation” means the elevation of the building that is opposite its principal elevation,

“side elevation” means the elevation of the building linking the principal elevation with the rear elevation,

“solar PV” means solar photovoltaics,”,

(ii) omit the definition of “World Heritage Site”.