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The Town and Country Planning (General Permitted Development) (Scotland) Order 1992
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Status:
This version of this part contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Order applied (with modifications) by S.S.I. 2006/270 art. 11 Sch.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Pt. 2A-2E inserted by S.S.I. 2014/142 art. 2(4) Sch.
- Pt. 6A inserted by S.S.I. 2012/131 art. 2(2)
- Sch. 1 Pt. 6A Class 21E(3)(c)(d)(e) Class 21E(3)(b)(c)(d) renumbered as Class 21E(3)(c)(d)(e) by S.S.I. 2012/285 art. 2(2)(e)(i)
- Sch. 1 Class 10 sub-para. (1) Sch. 1 Class 10 renumbered as Sch. 1 Class 10 sub-para. (1) by S.I. 1997/3060 art. 3(a)
- Sch. 1 Pt. 2A-2E amendment to earlier affecting provision SSI 2014/142 Sch. by S.S.I. 2014/184 art. 2(2)
- Sch. 1 Pt. 21 Class 68(2)(g) inserted by S.S.I. 2001/266 art. 2(3)(c)
- Sch. 1 Pt. 25A inserted by S.S.I. 2007/135 art. 2(2)
- Sch. 1 Pt. 1 Class 6 para. (4)(5) inserted by S.S.I. 2007/209 art. 2(3)(c)(iv)
- Sch. 1 Pt. 21 Class 68 para. (4) inserted by S.S.I. 2007/209 art. 2(4)(d)
- Sch. 1 Pt. 1A inserted by S.S.I. 2009/34 art. 2(2) Sch.
- Sch. 1 Pt. 1A Class 6G 6H inserted by S.S.I. 2010/27 art. 2(2)(a)
- Sch. 1 Pt. 1B inserted by S.S.I. 2011/136 art. 2(2)
- Sch. 1 Pt. 6A Class 21A(4)(aa) inserted by S.S.I. 2012/285 art. 2(2)(a)(ii)
- Sch. 1 Pt. 6A Class 21B(2)(f) and word inserted by S.S.I. 2012/285 art. 2(2)(b)(ii)
- Sch. 1 Pt. 6A Class 21C(2)(aa) inserted by S.S.I. 2012/285 art. 2(2)(c)
- Sch. 1 Pt. 6A Class 21D(3)(bb) inserted by S.S.I. 2012/285 art. 2(2)(d)
- Sch. 1 Pt. 6A Class 21E(3)(f) and word inserted by S.S.I. 2012/285 art. 2(2)(e)(iii)
- Sch. 1 Pt. 6 Class 18(1A) inserted by S.S.I. 2014/142 art. 2(6)(a)
- Sch. 1 Pt. 7 Class 22(1A) inserted by S.S.I. 2014/142 art. 2(7)
- Sch. 1 Pt. 25B inserted by S.S.I. 2015/235 art. 3(4)
- sch. 1 Pt. 6A Class 21AA inserted by S.S.I. 2018/142 art. 5(3)
- sch. 1 Pt. 6A Class 21C(3) inserted by S.S.I. 2018/142 art. 5(4)(b)
- sch. 1 Pt. 6A Class 21E(3A) inserted by S.S.I. 2018/142 art. 5(5)(c)
- sch. 1 Pt. 6A Class 21F(1)(d)-(f) inserted by S.S.I. 2018/142 art. 5(6)
- sch. 1 Pt. 6A Class 21G-21J inserted by S.S.I. 2018/142 art. 5(7)
- sch. 1 Pt. 25C inserted by S.S.I. 2020/129 art. 3
- sch. 1 Pt. 2F inserted by S.S.I. 2020/269 art. 2(2)
- sch. 1 Pt. 1 class 1A(za) inserted by S.S.I. 2020/437 art. 6(a)
- sch. 1 Pt. 1 class 1B(za) inserted by S.S.I. 2020/437 art. 6(b)
- sch. 1 Pt. 1 class 1C(za) inserted by S.S.I. 2020/437 art. 6(c)
- sch. 1 Pt. 1 class 1D(za) inserted by S.S.I. 2020/437 art. 6(d)
- sch. 1 Pt. 1 class 3A(2)(za) inserted by S.S.I. 2020/437 art. 6(e)(i)
- sch. 1 Pt. 1 class 3A(2)(h) and word inserted by S.S.I. 2020/437 art. 6(e)(iii)
- sch. 1 Pt. 1 class 3D(2)(za) inserted by S.S.I. 2020/437 art. 6(f)
- sch. 1 Pt. 1 class 3AA inserted by S.S.I. 2020/437 art. 7
- sch. 1 Pt. 1ZA class 4B inserted by S.S.I. 2020/437 art. 8
- sch. 1 Pt. 2G inserted by S.S.I. 2020/437 art. 9
- sch. 1 Pt. 6 class 18B 18C inserted by S.S.I. 2020/437 art. 11
- sch. 1 Pt. 6 class 20A inserted by S.S.I. 2020/437 art. 12
- sch. 1 Pt. 7 class 22A 22B inserted by S.S.I. 2020/437 art. 15
- sch. 1 Pt. 20 class 67(2)(ga)-(ge) inserted by S.S.I. 2020/437 art. 16(d)
- sch. 1 Pt. 20 class 67(23A)-(23C) inserted by S.S.I. 2020/437 art. 16(k)
- Sch. 1 Pt. 25D inserted by S.S.I. 2021/29 art. 2(3)
- Sch. 1 Pt. 2D Class 9F(2A) inserted by S.S.I. 2023/35 art. 5(b)(iii)
- Sch. 1 Pt. 2D Class 9F(4A) inserted by S.S.I. 2023/35 art. 5(b)(v)
- Sch. 1 Pt. 2H 2I inserted by S.S.I. 2023/35 art. 7(1)
- sch. 1 Pt. 1A Class 6HA-6HC inserted by S.S.I. 2024/102 art. 6(e)
- sch. 1 Pt. 1B Class 6N inserted by S.S.I. 2024/102 art. 7(d)
- sch. 1 Pt. 2A Class 9A(2)(h) inserted by S.S.I. 2024/102 art. 9(a)
- sch. 1 Pt. 2B Class 9C(2)(j) inserted by S.S.I. 2024/102 art. 10(a)
- sch. 1 Pt. 2C Class 9D(2)(f) inserted by S.S.I. 2024/102 art. 11(a)
- Sch. 1 Class 54 sub-para. (3)(e) inserted by S.I. 1994/1442 art. 2(b)
- Sch. 1 Pt. 23 inserted by S.I. 1994/3294 art. 9
- Sch. 1 Pt. 24 inserted by S.I. 1994/3294 art. 10
- Sch. 1 Pt. 25 inserted by S.I. 1996/1266 art. 2
- Sch. 1 Class 43A inserted by S.I. 1996/3023 art. 5
- Sch. 1 Class 10 sub-para. (1)(aa) inserted by S.I. 1997/3060 art. 3(b)
- Sch. 1 Class 10 sub-para. (2) inserted by S.I. 1997/3060 art. 3(c)
- Sch. 1 Class 43A sub-para. (1)(b) and word inserted by S.I. 1997/3060 art. 8(a)(ii)
- Sch. 1 Class 67 sub-para. (2)(g)(h) and semicolon inserted by S.I. 1998/1226 art. 2(1)
- Sch. 1 Pt. 11 Class 29 modifed by 2007 asp 19 s. 43(2)(3)
- Sch. 1 Pt. 11 Class 29 modified by 2006 asp 6 s. 73(2)-(4)
- Sch. 1 Pt. 11 Class 29 modified by 2006 asp 7 s. 74(2)-(5)
- Sch. 1 Pt. 11 Class 29 modified by 2007 asp 1 s. 38(2)(3)
- Sch. 1 Pt. 11 Class 29 modified by 2007 asp 16 s. 43(2)(3)
- Sch. 1 Pt. 2 Class 29 modified by S.S.I. 2013/288 Sch. 2 para. 1(1)
- Sch. 1 Pt. 2 Class 35 modified by S.S.I. 2013/288 Sch. 2 para. 1(2)
- Sch. 1 Pt. 2 Class 29 modified by S.S.I. 2014/224 Sch. para. 1(1)
- Sch. 1 Pt. 2 Class 35 modified by S.S.I. 2014/224 Sch. para. 1(2)
- Sch. 1 Pt. 20 Class 67(2)(h) omitted by S.S.I. 2014/142 art. 2(13)(e)
- sch. 1 Pt. 6A Class 21A(5) omitted by S.S.I. 2018/142 art. 5(2)(d)
- sch. 1 Pt. 6A Class 21C(2)(a)(aa) omitted by S.S.I. 2018/142 art. 5(4)(a)(ii)
- sch. 1 Pt. 6A Class 21E(3)(f) omitted by S.S.I. 2018/142 art. 5(5)(b)(ii)
- sch. 1 Pt. 6A Class 21E(4) omitted by S.S.I. 2018/142 art. 5(5)(d)
- Sch. 1 Pt. 2D Class 9E(3) omitted by S.S.I. 2023/35 art. 5(a)(ii)
- Sch. 1 Pt. 2D Class 9E(4) omitted by S.S.I. 2023/35 art. 5(a)(ii)
- Sch. 1 Pt. 2D Class 9F(3) omitted by S.S.I. 2023/35 art. 5(b)(iv)
- Sch. 1 Pt. 2D Class 9F(4) omitted by S.S.I. 2023/35 art. 5(b)(iv)
- sch. 1 Pt. 1A Class 6H(4) omitted by S.S.I. 2024/102 art. 6(d)(ii)
- sch. 1 Pt. 1B Class 6I(4) omitted by S.S.I. 2024/102 art. 7(b)(ii)
- sch. 1 Pt. 1B Class 6I(6) omitted by S.S.I. 2024/102 art. 7(b)(ii)
- Sch. 1 Class 18 sub-para. (5)(d)(ii) omitted by S.I. 1997/3060 art. 7
- Sch. 1 Class 61 revoked by S.I. 1994/1442 art. 3(2)
- Sch. 1 Class 32 revoked by S.I. 1996/3023 art. 4
- Sch. 1 Pt. 12 Class 31 substituted by S.S.I. 1999/1 reg. 47(6)
- Sch. 1 Pt. 20 Class 67 substituted by S.S.I. 2001/266 art. 2(2)
- Sch. 1 Pt. 1 Class 6 para. (2) substituted by S.S.I. 2007/209 art. 2(3)(c)(ii)
- Sch. 1 Pt. 1 Class 6 para. (3) substituted by S.S.I. 2007/209 art. 2(3)(c)(iii)
- Sch. 1 Pt. 21 Class 68 para. (1) substituted by S.S.I. 2007/209 art. 2(4)(a)
- Sch. 1 Pt. 21 Class 68 para. (2) substituted by S.S.I. 2007/209 art. 2(4)(b)
- Sch. 1 Pt. 6A Class 21A(3)(a) substituted by S.S.I. 2012/285 art. 2(2)(a)(i)
- Sch. 1 Pt. 8 Class 25 substituted by S.S.I. 2014/142 art. 2(8)
- Sch. 1 Pt. 12 Class 30 substituted by S.S.I. 2014/142 art. 2(10)
- Sch. 1 Pt. 20 Class 67(2)(a)(iii) substituted by S.S.I. 2014/142 art. 2(13)(b)(iv)
- Sch. 1 Pt. 20 Class 67(2)(c) substituted by S.S.I. 2014/142 art. 2(13)(c)
- Sch. 1 Pt. 20 Class 67(2)(q) substituted by S.S.I. 2014/142 art. 2(13)(g)
- Sch. 1 Pt. 20 Class 67(2)(r) substituted by S.S.I. 2014/142 art. 2(13)(h)
- Sch. 1 Pt. 1A Class 6H substituted by S.S.I. 2016/126 art. 3(2)
- sch. 1 Pt. 6A Class 21A(3) substituted by S.S.I. 2018/142 art. 5(2)(c)
- sch. 1 Pt. 6A Class 21E(2) substituted by S.S.I. 2018/142 art. 5(5)(a)
- sch. 1 Pt. 20 class 67(2)(b) substituted by S.S.I. 2020/437 art. 16(b)
- sch. 1 Pt. 20 class 67(4)(a) substituted by S.S.I. 2020/437 art. 16(f)
- sch. 1 Pt. 20 class 67(13) and cross-heading substituted by S.S.I. 2020/437 art. 16(i)
- Sch. 1 Pt. 2D Class 9E(5)(b) substituted by S.S.I. 2023/35 art. 5(a)(iii)
- Sch. 1 Pt. 2D Class 9F(1) substituted by S.S.I. 2023/35 art. 5(b)(i)
- Sch. 1 Pt. 2D Class 9F(5)(b) substituted by S.S.I. 2023/35 art. 5(b)(vi)
- sch. 1 Pt. 1A Class 6G substituted by S.S.I. 2024/102 art. 6(c)
- sch. 1 Pt. 1B Class 6I(1) substituted by S.S.I. 2024/102 art. 7(b)(i)
- sch. 1 Pt. 1B Class 6J substituted by S.S.I. 2024/102 art. 7(c)
- sch. 1 Pt. 2I Class 9M substituted by S.S.I. 2024/102 art. 14
- Sch. 1 Class 58 substituted by S.I. 1994/1442 art. 3(1)
- Sch. 1 Class 58 substituted by S.I. 1994/2586 art. 4(b)
- Sch. 1 Class 1 sub-para. (2)(a)(i) substituted by S.I. 1994/3294 art. 4(1)
- Sch. 1 Class 3 sub-para. (2)(b) substituted by S.I. 1994/3294 art. 4(2)(a)
- Sch. 1 Class 3 sub-para. (2)(c) substituted by S.I. 1994/3294 art. 4(2)(b)
- Sch. 1 Class 18 sub-para. (4)(a)(i) substituted by S.I. 1994/3294 art. 5(a)
- Sch. 1 Class 18 sub-para. (5)(a) substituted by S.I. 1994/3294 art. 5(b)
- Sch. 1 Class 22 sub-para. (3)(a)(i) substituted by S.I. 1994/3294 art. 6
- Sch. 1 Class 39 sub-para. (3)(c) substituted by S.I. 1994/3294 art. 7(2)
- Sch. 1 Class 40 sub-para. (3)(d) substituted by S.I. 1994/3294 art. 7(3)
- Sch. 1 Class 52 substituted by S.I. 1994/3294 art. 8
- Sch. 1 Pt. 1 1ZA substituted for Sch. 1 Pt. 1 by S.S.I. 2011/357 art. 2(4) Sch.
- Sch. 1 Pt. 21 Class 68 para. (3)(b)(c) substituted for Sch. 1 Pt. 21 Class 68 para. (3)(b) by S.S.I. 2007/209 art. 2(4)(c)
- Sch. 1 Pt. 2D Class 9F(2)(a)(aa) substituted for Sch. 1 Pt. 2D Class 9F(2)(a) by S.S.I. 2023/35 art. 5(b)(ii)
- sch. 1 Pt. 6 class 18(2)(d)(da) substituted for sch. 1 Pt. 6 class 18(2)(d) by S.S.I. 2020/437 art. 10
- sch. 1 Pt. 6A Class 21A(1)(a)(aa) substituted for sch. 1 Pt. 6A Class 21A(1)(a) by S.S.I. 2018/142 art. 5(2)(a)
- Sch. 1 class 2B(2)(f) word inserted by S.S.I. 2017/189 art. 6(a)
- Sch. 1 class 4A(2)(h) word inserted by S.S.I. 2017/189 art. 6(b)
- sch. 1 Pt. 6 class 18B 18C word inserted by S.S.I. 2020/437, art. 11 (as inserted) by S.S.I. 2021/29 art. 4(3)(a)
- sch. 1 Pt. 7 class 22A 22B word inserted by S.S.I. 2020/437, art. 15 (as inserted) by S.S.I. 2021/29 art. 4(4)(a)
- sch. 1 Pt. 2G word inserted by S.S.I. 2020/437, art. 9 (as inserted) by S.S.I. 2021/29 art. 4(2)
- Sch. 1 Pt. 21 Class 68 word omitted by S.S.I. 2001/266 art. 2(3)(a)
- Sch. 1 Pt. 6A Class 21B(2)(d) word omitted by S.S.I. 2012/285 art. 2(2)(b)(i)
- Sch. 1 Pt. 6A Class 21E(3) word omitted by S.S.I. 2012/285 art. 2(2)(e)(ii)
- Sch. 1 Pt. 20 Class 67(2)(a) word omitted by S.S.I. 2014/142 art. 2(13)(b)(iii)
- sch. 1 Pt. 6A Class 21F(1)(b) word omitted by S.S.I. 2018/142 art. 5(6)
- sch. 1 Pt. 1 class 3A(2) word omitted by S.S.I. 2020/437 art. 6(e)(ii)
- sch. 1 Pt. 2A Class 9A(2)(f) word omitted by S.S.I. 2024/102 art. 9(a)
- sch. 1 Pt. 2B Class 9C(2)(h) word omitted by S.S.I. 2024/102 art. 10(a)
- sch. 1 Pt. 2C Class 9D(2)(d) word omitted by S.S.I. 2024/102 art. 11(a)
- Sch. 1 Pt. 25A word substituted by S.S.I. 2008/74 art. 2(2)(b)
- Sch. 1 Pt. 12 Class 33(a) word substituted by S.S.I. 2014/142 art. 2(11)(b)
- Sch. 1 Pt. 12 Class 33(c) word substituted by S.S.I. 2014/142 art. 2(11)(c)
- sch. 1 Pt. 6A Class 21A(2) word substituted by S.S.I. 2018/142 art. 5(2)(b)(ii)
- sch. 1 Pt. 6A class 21A(2)(a) word substituted by S.S.I. 2020/437 art. 14(a)
- sch. 1 Pt. 6A class 21A(2)(b) word substituted by S.S.I. 2020/437 art. 14(b)
- sch. 1 Pt. 6A class 21A(3)(b)(i) word substituted by S.S.I. 2020/437 art. 14(d)
- sch. 1 Pt. 20 class 67(3)(a) word substituted by S.S.I. 2020/437 art. 16(e)
- sch. 1 Pt. 20 class 67(11)(a)(i) word substituted by S.S.I. 2020/437 art. 16(g)(ii)(aa)
- sch. 1 Pt. 20 class 67(11)(a)(ii)(aa)(bb) word substituted by S.S.I. 2020/437 art. 16(g)(ii)(aa)
- sch. 1 Pt. 20 class 67(11)(a)(i) word substituted by S.S.I. 2020/437 art. 16(g)(ii)(bb)
- sch. 1 Pt. 20 class 67(11)(a)(ii)(aa)(bb) word substituted by S.S.I. 2020/437 art. 16(g)(ii)(bb)
- sch. 1 Pt. 20 class 67(11)(b)(i)(ii) word substituted by S.S.I. 2020/437 art. 16(g)(iii)
- Sch. 1 Class 3 sub-para. (2)(c) word substituted by S.I. 1992/1078 art. 2(d)
- Sch. 1 Class 34 sub-para. (1) word substituted by S.I. 1994/3294 art. 7(1)
- sch. 1 Pt. 6 class 18B 18C word substituted by S.S.I. 2020/437, art. 11 (as substituted) by S.S.I. 2021/29 art. 4(3)(b)
- sch. 1 Pt. 7 class 22A 22B word substituted by S.S.I. 2020/437, art. 15 (as substituted) by S.S.I. 2021/29 art. 4(4)(b)
- Sch. 1 Class 68 sub-para. (2)(f) words added by S.I. 1992/1078 art. 2(g)
- Sch. 1 Class 43A sub-para. (1)(a) words in Sch. 1 Class 43A sub-para. (1) renumbered as Sch. 1 Class 43A sub-para. (1)(a) by S.I. 1997/3060 art. 8(a)(i)
- Sch. 1 Pt. 6 Class 18A words inserted by S.S.I. 2011/209 Sch. 11 para. 2(b)
- Sch. 1 Pt. 1B words inserted by S.S.I. 2011/357 art. 2(6)
- Sch. 1 Pt. 23 words inserted by S.S.I. 2011/357 art. 2(12)(a)
- Sch. 1 Pt. 23 words inserted by S.S.I. 2011/357 art. 2(12)(d)
- Sch. 1 Pt. 6 Class 18(2) words inserted by S.S.I. 2014/142 art. 2(6)(b)
- Sch. 1 Pt. 12 Class 33 words inserted by S.S.I. 2014/142 art. 2(11)(d)
- Sch. 1 Pt. 20 Class 67(2)(a) words inserted by S.S.I. 2014/142 art. 2(13)(b)(i)
- Sch. 1 Pt. 20 Class 67(2)(n) words inserted by S.S.I. 2014/142 art. 2(13)(f)
- Sch. 1 Pt. 6 Class 18 words inserted by S.S.I. 2014/300 art. 3(2)
- Sch. 1 Pt. 7 Class 22 words inserted by S.S.I. 2014/300 art. 3(3)
- sch. 1 Pt. 6A Class 21A(2) words inserted by S.S.I. 2018/142 art. 5(2)(b)(i)
- sch. 1 Pt. 6A Class 21C(2) words inserted by S.S.I. 2018/142 art. 5(4)(a)(i)
- sch. 1 Pt. 6A Class 21E(3) words inserted by S.S.I. 2018/142 art. 5(5)(b)(i)
- sch. 1 Pt. 6A words inserted by S.S.I. 2018/142 art. 5(8)(a)(i)
- sch. 1 Pt. 6A words inserted by S.S.I. 2018/142 art. 5(8)(a)(ii)
- sch. 1 Pt. 6A words inserted by S.S.I. 2018/142 art. 5(8)(b)
- sch. 1 Pt. 20 class 67(2)(a) words inserted by S.S.I. 2020/437 art. 16(a)
- Sch. 1 Pt. 2D words inserted by S.S.I. 2023/35 art. 5(c)(ii)
- sch. 1 Pt. 1A Class 6D words inserted by S.S.I. 2024/102 art. 6(a)
- sch. 1 Pt. 1A Class 6E words inserted by S.S.I. 2024/102 art. 6(b)
- sch. 1 Pt. 1A Class 6H(3)(c) words inserted by S.S.I. 2024/102 art. 6(d)(i)
- sch. 1 Pt. 1A words inserted by S.S.I. 2024/102 art. 6(f)(i)
- sch. 1 Pt. 1B heading words inserted by S.S.I. 2024/102 art. 7(a)
- sch. 1 Pt. 1B words inserted by S.S.I. 2024/102 art. 7(e)(i)
- sch. 1 Pt. 1B words inserted by S.S.I. 2024/102 art. 7(e)(ii)
- Sch. 1 Class 5 sub-para. (1) words inserted by S.I. 1996/3023 art. 3
- Sch. 1 Class 11 words inserted by S.I. 1997/3060 art. 4
- Sch. 1 Class 43A sub-para. (2) words inserted by S.I. 1997/3060 art. 8(b)
- Sch. 1 Class 29(1)(a) words inserted by S.I. 2000/2040 Sch. para. 22(3)(a)
- Sch. 1 Class 29(1)(b) words inserted by S.I. 2000/2040 Sch. para. 22(3)(b)
- Sch. 1 Pt. 6 Class 18A words omitted by S.S.I. 2011/209 Sch. 11 para. 2(a)
- Sch. 1 Pt. 1A words omitted by S.S.I. 2011/357 art. 2(5)(a)
- Sch. 1 Pt. 1A words omitted by S.S.I. 2011/357 art. 2(5)(b)
- Sch. 1 Pt. 23 words omitted by S.S.I. 2011/357 art. 2(12)(b)
- Sch. 1 Pt. 23 words omitted by S.S.I. 2011/357 art. 2(12)(c)
- Sch. 1 Pt. 6A words omitted by S.S.I. 2012/285 art. 2(2)(f)
- Sch. 1 Pt. 4 Class 15 words omitted by S.S.I. 2014/142 art. 2(5)
- sch. 1 Pt. 6A Class 21C(2)(b)(ii) words omitted by S.S.I. 2018/142 art. 5(4)(a)(iii)
- sch. 1 Pt. 1 class 3A(2)(g) words omitted by S.S.I. 2020/437 art. 6(e)(ii)
- sch. 1 Pt. 20(24) words omitted by S.S.I. 2020/437 art. 16(l)(i)
- Sch. 1 Pt. 2D words omitted by S.S.I. 2023/35 art. 5(c)(i)
- sch. 1 Pt. 1ZA Class 4B(3) words omitted by S.S.I. 2024/102 art. 5(b)
- sch. 1 Pt. 1A words omitted by S.S.I. 2024/102 art. 6(f)(ii)
- sch. 1 Pt. 2A Class 9A(5) words omitted by S.S.I. 2024/102 art. 9(b)
- sch. 1 Pt. 2B Class 9C(4)(b) words omitted by S.S.I. 2024/102 art. 10(b)
- sch. 1 Pt. 2C Class 9D(4)(b) words omitted by S.S.I. 2024/102 art. 11(b)
- sch. 1 Pt. 2F Class 9H(4) words omitted by S.S.I. 2024/102 art. 12
- sch. 1 Pt. 2G words omitted by S.S.I. 2024/102 art. 13
- Sch. 1 Class 1 sub-para. (3)(c)(ii) words revoked by S.I. 1992/1078 art. 2(c)
- Sch. 1 Class 18 sub-para. (4)(a) words revoked by S.I. 1992/1078 art. 2(e)
- Sch. 1 Class 22 sub-para. (3)(a) words revoked by S.I. 1992/1078 art. 2(f)
- Sch. 1 Class 54 sub-para. (1) words revoked by S.I. 1994/1442 art. 2(a)
- Sch. 1 Pt. 21 Class 68 words substituted by S.S.I. 2001/266 art. 2(3)(a)
- Sch. 1 Pt. 21 Class 68(2)(f) words substituted by S.S.I. 2001/266 art. 2(3)(b)
- Sch. 1 Pt. 1 Class 1 para. (2)(f) words substituted by S.S.I. 2007/209 art. 2(3)(a)
- Sch. 1 Pt. 1 Class 3 para. (2)(a) words substituted by S.S.I. 2007/209 art. 2(3)(b)
- Sch. 1 Pt. 1 Class 6 para. (1) words substituted by S.S.I. 2007/209 art. 2(3)(c)(i)
- Sch. 1 Pt. 25A words substituted by S.S.I. 2008/74 art. 2(2)(a)
- Sch. 1 Pt. 12 Class 33 words substituted by S.S.I. 2014/142 art. 2(11)(a)
- Sch. 1 Pt. 20 Class 67(1)(b) words substituted by S.S.I. 2014/142 art. 2(13)(a)
- Sch. 1 Pt. 20 Class 67(2)(a)(ii) words substituted by S.S.I. 2014/142 art. 2(13)(b)(ii)
- Sch. 1 Class 67(2)(f) words substituted by S.S.I. 2014/142 art. 2(13)(d)
- Sch. 1 Pt. 20 Class 67(2)(g)(i) words substituted by S.S.I. 2014/142 art. 2(13)(d)
- Sch. 1 class 6H(2)(d) words substituted by S.S.I. 2017/189 art. 6(c)
- sch. 1 Pt. 6A words substituted by S.S.I. 2018/142 art. 5(8)(c)
- sch. 1 Pt. 25C Class 72C words substituted by S.S.I. 2020/366 art. 2(2)
- sch. 1 Pt. 6A class 21A(3)(a) words substituted by S.S.I. 2020/437 art. 14(c)
- sch. 1 Pt. 20 class 67(2)(c) words substituted by S.S.I. 2020/437 art. 16(c)
- sch. 1 Pt. 20 class 67(11) words substituted by S.S.I. 2020/437 art. 16(g)(i)
- sch. 1 Pt. 20 class 67(12) words substituted by S.S.I. 2020/437 art. 16(h)
- sch. 1 Pt. 20 class 67(15)(a) words substituted by S.S.I. 2020/437 art. 16(j)
- sch. 1 Pt. 20(24) words substituted by S.S.I. 2020/437 art. 16(l)(ii)
- Sch. 1 Pt. 25C class 72C para. (3)(b) words substituted by S.S.I. 2021/29 art. 2(2)
- Sch. 1 Pt. 2A Class 9A(5) words substituted by S.S.I. 2023/35 art. 4(a)
- Sch. 1 Pt. 2A Class 9B(5) words substituted by S.S.I. 2023/35 art. 4(b)
- Sch. 1 Pt. 2D Class 9E(1) words substituted by S.S.I. 2023/35 art. 5(a)(i)
- Sch. 1 Pt. 2F Class 9H(4) words substituted by S.S.I. 2023/35 art. 6
- sch. 1 Pt. 1ZA Class 4A(2)(h) words substituted by S.S.I. 2024/102 art. 5(a)
- Sch. 1 Class 57(2) words substituted by S.I. 1994/2586 art. 3
- Sch. 1 Class 59 words substituted by S.I. 1994/2586 art. 4(c)(i)
- Sch. 1 Class 60 words substituted by S.I. 1994/2586 art. 4(c)(i)
- Sch. 1 Class 59 words substituted by S.I. 1994/2586 art. 4(c)(ii)
- Sch. 1 Class 60 words substituted by S.I. 1994/2586 art. 4(c)(ii)
- Sch. 1 Class 62 words substituted by S.I. 1994/2586 art. 4(d)
- Sch. 1 Class 64(1) words substituted by S.I. 1994/2586 art. 5(a)
- Sch. 1 Pt. 13 Class 39 words substituted by S.I. 1996/252 Sch.
- Sch. 1 Class 12 words substituted by S.I. 1997/3060 art. 5
- Sch. 1 Class 13 words substituted by S.I. 1997/3060 art. 5
- Sch. 1 Class 68 sub-para. (2)(d) words substituted by S.I. 1998/1226 art. 3
- Sch. 1 Pt. 13 Class 40 words substituted by S.I. 2003/2155 Sch. 1 para. 31(2)(a)(b)
- Sch. 1 Pt. 20 Class 67 words substituted by S.I. 2003/2155 Sch. 1 para. 31(3)(a)-(d)
- reg. 2(1) words inserted by S.I. 2017/524 Sch. 5 para. 71
- art. 2(4A) inserted by S.I. 1992/2084 art. 2(b)
- art. 2(5)-(12) inserted by S.S.I. 2004/332 Sch. 6 para. 2
- art.3(4A) added by S.I. 1992/2094 art.2(b)
- art. 3(4A)(c) inserted by S.S.I. 2018/142 art. 4(a)
- art. 3(4B)-(4D) inserted by S.S.I. 2018/142 art. 4(b)
- art. 3(8)-(10) inserted by S.I. 1997/1871 art. 3(a)
- art. 3(8)(9) substituted by S.S.I. 1999/1 reg. 47(4)
- art. 3(8)(a) words inserted by S.S.I. 2011/139 reg. 47(2)(b)
- art. 3(8)(a) words substituted by S.S.I. 2017/102 reg. 56(3)
- art. 3(8)(b) words inserted by S.S.I. 2011/139 reg. 47(2)(b)
- art. 3(8)(b) words substituted by S.S.I. 2017/102 reg. 56(4)
- art. 3(8)(c) words substituted by S.S.I. 2017/102 reg. 56(5)
- art. 3(8A)-(8C) inserted by S.S.I. 2011/139 reg. 47(4)
- art. 3(8A) words substituted by S.S.I. 2017/102 reg. 56(3)
- art. 3(8A)(b)(i) words substituted by S.S.I. 2017/102 reg. 56(4)
- art. 3(8B) words substituted by S.S.I. 2017/102 reg. 56(3)
- art. 3(8B)(b) words substituted by S.S.I. 2017/102 reg. 56(4)
- art. 3(8C) words substituted by S.S.I. 2017/102 reg. 56(3)
- art. 3(9) words substituted by S.S.I. 2011/139 reg. 47(3)(a)
- art. 3(9) words substituted by S.S.I. 2011/139 reg. 47(3)(b)
- art. 3(9) words substituted by S.S.I. 2011/139 reg. 47(3)(c)
- art. 3(9)(a) words substituted by S.S.I. 2017/102 reg. 56(3)
- art. 3(9)(a) words substituted by S.S.I. 2017/102 reg. 56(4)
- art. 3(9)(a) words substituted by S.S.I. 2017/102 reg. 56(5)
- art. 3(9)(b) words inserted by S.S.I. 2014/142 art. 2(3)
- art. 3(9)(b) words substituted by S.S.I. 2017/102 reg. 56(6)
- art. 3(10) words substituted by S.S.I. 2011/139 reg. 47(5)
- art. 3(10)(a) omitted by S.S.I. 1999/1 reg. 47(5)(a)
- art. 3(10)(a) revoked by S.S.I. 1999/1 Sch. 7
- art. 3(10)(b) words substituted by S.S.I. 1999/1 reg. 47(5)(b)
- art. 3(10)(b) words substituted by S.S.I. 2017/114 reg. 52
- art. 3(10)(c) omitted by S.S.I. 1999/1 reg. 47(5)(a)
- art. 3(10)(c) revoked by S.S.I. 1999/1 Sch. 7
- art. 3(10)(d) words omitted by S.S.I. 2010/60 reg. 3(1)(a)
- art. 3(10)(e) words omitted by S.S.I. 2010/60 reg. 3(1)(b)
- art. 3(10)(e)(f) words substituted by S.S.I. 1999/1 reg. 47(5)(c)
- art. 4(6)(ab) inserted by S.S.I. 2020/437 art. 5(b)
- art. 4(6A) inserted by S.S.I. 2020/437 art. 5(c)
- art. 7A inserted by S.S.I. 2011/357 art. 2(3)
- art. 7ZA-7ZE inserted by S.S.I. 2017/189 art. 5
- art. 67 words revoked by S.I. 2003/2155 Sch. 2 Table 2
Prospective
PART 2SPERMITTED DEVELOPMENT
Permitted developmentS
3.—(1) Subject to the provisions of this Order, planning permission is hereby granted for the development or class of development specified and printed in heavy type in sub-paragraph (1) of any paragraph of Schedule 1 or where any such paragraph is not divided into subparagraphs in that paragraph.
(2) Any development or class of development permitted under paragraph (1) above is subject to—
(a)any limitation or condition specified in the sub-paragraphs subsequent to subparagraph (1) in each paragraph in Schedule 1; and
(b)the condition that no building erected or extended, no plant or machinery installed or provided (other than a mains, pipe or other apparatus belonging to a public gas supplier) and no works on land within any site shall be used for a hazardous activity.
(3) References in this Order to permission granted by Schedule 1 or by any Part, class, paragraph or sub-paragraph of that Schedule is a reference to the permission granted by this article in relation to development specified in that Schedule or in that provision of that Schedule.
(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.
(5) The permission granted by Schedule 1 shall not authorise the following—
(a)any development other than development permitted by Parts 9 and 11 and class 31 of Schedule 1, which requires or involves the formation, laying out or material widening of a means of access to an existing road which is a trunk road or a classified road or creates an obstruction to the view of persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons;
(b)the laying or construction of a notifiable pipeline; or
(c)development which involves or is likely to involve a hazardous activity, except in the cases specified in paragraph (6) below.
(6) The cases specified in this paragraph are—
(a)where the development is to be carried out in, on, over or under land comprised in a notified site and the carrying out of the development is not likely to result in the presence in, on, over or under the land of a quantity of the hazardous substance notified which exceeds three times the quantity last notified;
(b)where—
(i)an exemption certificate under the Notification Regulations applies to the development;
(ii)there is, immediately before the development is carried out, a notifiable quantity of a hazardous substance present in, on, over or under that land; and
(iii)the carrying out of the development is not likely to result in the presence in, on, over or under that land of a quantity of the substance which exceeds three times the quantity present immediately before development began;
(c)where the development is to be carried out by a public gas supplier and consists of the laying of mains, pipes or other apparatus; and
(d)where the development is for the purpose of inspecting, repairing or renewing mains, pipes or other apparatus.
(7) Any development falling within Part 11 of Schedule 1 authorised by an Act or order subject to the grant of any consent or approval shall not be treated for the purpose of this Order as authorised unless and until that consent or approval is obtained, except where the Act was passed or the order made after 1st July 1948 and it contains provision to the contrary.
(8) For the purposes of this article—
“notified site” means a site in respect of which notification has been given to the Health and Safety Executive in pursuance of the requirements of the Notification Regulations; and
“site” means the whole of the area of land within a single unit of occupation.
Commencement Information
I1Art. 3 in force at 13.3.1992, see art. 1(4)
Directions restricting permitted developmentS
4.—(1) If in relation to any area the Secretary of State or, in relation to the district of a general planning authority, that general planning authority, or in relation to the district of a district planning authority, that district planning authority is satisfied that it is expedient that all or any development of all or any of the classes of Schedule 1 other than Classes 54 and 66 should not be carried out in that area or, as the case may be, that district or any particular part thereof, or that any particular development of any of those classes should not be carried out in such area or district or part, unless permission is granted on an application in that behalf, the Secretary of State or the planning authority concerned may direct that the permission granted by article 3 shall not apply to—
(a)all or any development of all or any of those classes in any particular area specified in the direction; or
(b)any particular development, specified in the direction, falling within any of these classes.
(2) In the case of development falling within Part 11 of Schedule 1 no such direction shall have effect in relation to development authorised by any Act passed after 1st July 1948 or by any Order requiring the approval of both Houses of Parliament approved after that date.
(3) Subject to paragraph (5), a direction by a planning authority under this article shall require the approval of the Secretary of State, and the Secretary of State may approve the direction, with or without modifications.
(4) When a planning authority submits a direction to the Secretary of State for approval, it shall also send—
(a)two additional copies together with a plan of the area in respect of which the direction applies, unless the direction includes such a plan; and
(b)a statement of its reasons for making the direction.
(5) The approval of the Secretary of State is not required in the case of a direction which does not affect the carrying out of such development by a statutory undertaker as is referred to in paragraph (6)(b) and which relates only to either or both of the following:—
(a)a building which is included in a list compiled or approved under section 52 of the Act or in respect of which the Secretary of State has given notice in writing to the authority making the direction that it is a building of special architectural or historic interest;
(b)development within the curtilage of a listed building.
(6) No direction given or having effect under this article shall have effect in relation to—
(a)the carrying out of any development specified in Part 20 of Schedule 1 unless the direction specifically so provides; or
(b)the carrying out of development comprising any of the following operations by a statutory undertaker, unless the direction specifically so provides:—
(i)maintenance of bridges, buildings and railway stations;
(ii)alteration and maintenance of railway track, and provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;
(iii)maintenance of docks, harbours, quays, wharves, canals and towing paths;
(iv)provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, quay, harbour, bank, wharf or basin;
(v)any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;
(vi)maintenance of buildings, runways, taxiways, or aprons at an aerodrome;
(vii)provision, alteration and maintenance of equipment, apparatus and works at an aerodrome, required in connection with the movement of traffic by air but excepting buildings, the construction, erection, reconstruction or alteration of which is permitted by Class 44 of Schedule 1.
(7) A direction shall come into force on the date on which notice thereof is first published under article 5(1) or in a case where notice is served in accordance with article 5(4) when such notice is served on the occupier or if there is no occupier on the owner.
(8) A direction by a planning authority shall be in the form set out at Schedule 3 (or in a form substantially to the like effect).
Commencement Information
I2Art. 4 in force at 13.3.1992, see art. 1(4)
Notice and service of article 4 directionsS
5.—(1) Notice of any direction made or approved by the Secretary of State and of any such direction as is referred to in paragraph (5) of article 4 specifying any particular area given under paragraph (1)(a) of that article shall be published by the planning authority concerned in one or more newspapers, circulating in the locality in which the area is situated, and on the same or a subsequent date in the Edinburgh Gazette.
(2) Such a notice shall contain a concise statement of the effect of the direction and name a place or places where a copy thereof and of a map defining the area to which it relates may be seen at all reasonable hours.
(3) Where the Secretary of State thinks fit he may publish notice in accordance with paragraph (1) above of any direction given under paragraph (1)(a) of article 4 in which case the planning authority shall not require to publish such notice.
(4) Notice of any direction specifying any particular development given under paragraph (1)(b) of article 4 shall be served by the planning authority concerned on the owner and occupier of the land affected.
(5) Where the Secretary of State thinks fit he may serve notice in accordance with paragraph (4) above of any direction given under paragraph (1)(b) of article 4 in which case the planning authority shall not require to serve notice.
(6) A district planning authority shall notify the regional planning authority of their region, on submitting to the Secretary of State a direction under article 4 above and shall send to them a copy of any notice published or served by them in accordance with paragraph (1) or (4) above.
Commencement Information
I3Art. 5 in force at 13.3.1992, see art. 1(4)
Cancellation of article 4 directionsS
6.—(1) (a) Any direction made by the Secretary of State under article 4 may be cancelled by a subsequent direction made by the Secretary of State;
(b)any direction made by a planning authority in accordance with article 4 may be cancelled by a subsequent direction made by that authority or by a direction made by the Secretary of State. A direction given by a planning authority which contains only provisions cancelling a previous direction, shall not require the approval of the Secretary of State.
(2) Article 5 shall apply to the making of any cancelling direction in the same way as it would apply to the making of the direction being revoked.
Commencement Information
I4Art. 6 in force at 13.3.1992, see art. 1(4)
Directions restricting development in respect of minerals under class 54 or 66S
7.—(1) If, on receipt of a notification from any person that he proposes to carry out development within class 54 or 66 in Schedule 1 to this Order, a planning authority are satisfied as mentioned in paragraph (2) below they may, within 21 days beginning with receipt of the notification, direct that the permission granted by article 3 of this Order shall not apply to the development, or to such part of the development as is specified in the direction.
(2) The planning authority may make a direction under this article if they are satisfied that it is expedient that the development, or any part of the development, should not be carried out unless permission for the development is granted on an application because—
(a)the land on which the development is to be carried out is within—
(i)a national scenic area;
(ii)a site of archaeological interest;
(iii)a site of special scientific interest;
(b)the development, either taken by itself or taken in conjunction with other develop ment which is already being carried out in the area or in respect of which notification has been given in pursuance of the provisions of Class 54 or 66 of Schedule 1 to this order, would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a category A listed building;
(c)the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or
(d)the development would endanger aircraft using a nearby aerodrome.
(3) A direction made under this article shall contain a statement as to the day on which, if it is not disallowed under paragraph (5) below, it will come into force, which shall be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4) below.
(4) As soon as is reasonably practicable a copy of a direction under this article shall be sent by the planning authority to the Secretary of State and to the person who gave notice of the proposal to carry out development.
(5) The Secretary of State may, at any time within a period of 28 days beginning on the day on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Secretary of State that he has disallowed the direction, the planning authority shall give notice in writing to the person who gave notice of the proposal that he is authorised to proceed with the development.
(6) Any direction made by a planning authority in accordance with this article may be cancelled by a subsequent direction made by the planning authority and the foregoing article shall apply to the making of such cancelling direction in the same way as it would apply to the making of the direction being revoked.
(7) For the purposes of this article “category A listed building” means a listed building within the meaning of section 52(7) of the Act(1) specified as being category A in a list of buildings compiled or approved and amended as the case may be by the Secretary of State in accordance with that provision(2) as at the date of coming into force of the Order.
Commencement Information
I5Art. 7 in force at 13.3.1992, see art. 1(4)
(1)
Section 52(7) of the Act was amended by the Housing and Planning Act 1986 (c. 63), Schedule 9, paragraph 13(1).
(2)
These lists are held at the Offices of Historic Scotland, 20 Brandon Street, Edinburgh EH3 5RA and also within the offices of a general planning authority or district planning authority in respect of their district, where they may be inspected by the public.
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