The Town and Country Planning (Use Classes) (Scotland) Order 1989

Use classes

3.—(1) Subject to the provisions of this Order, where a building or other land is used for a purpose in any class specified in the Schedule to this Order, the use of that building or that other land for any other purpose in the same class shall not be taken to involve development of the land.

(2) References in paragraph (1) to a building include references to land occupied with the building and used for the same purposes.

(3) A use included in and ordinarily incidental to any use in a class shall not be precluded from that use by virtue of being specified in another class.

(4) Where land on a single site or on adjacent sites used as parts of a single undertaking comprises uses within any two or more of classes 4 to 10 (business and industrial groups), those uses may be treated as if they were in a single class in considering the use of that land for the purposes of this Order, provided that the area used for a purpose falling either within class 5 (general industrial) or within classes 6 to 10 (special industrial groups) shall not be substantially increased as a result.

(5) Nothing in any class shall include any use—

(a) as a theatre;

(b) as an amusement arcade or centre, or funfair;

(c) for the sale of fuel for motor vehicles;

(d) for the sale or display for sale of motor vehicles;

(e) for a taxi business or for the hire of motor vehicles;

(f) as a scrapyard, or a yard for the breaking of motor vehicles;

(g) for the storage or distribution of minerals;

(h) as a public house; or

(i) of a building or other land involving the manufacturing, processing, keeping or use of a hazardous substance which will cause there to be at any one time a notifiable quantity of that substance in, on, over or under that building or land or any site of which that building or land forms part.