The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

Prospective

PART 7 S FORESTRY BUILDINGS AND OPERATIONS

Class S

22.—(1) The carrying out on land used for the purposes of forestry, including afforestation, or in the case of sub-paragraph (c) land held or occupied with that land, of development reasonably necessary for those purposes consisting of—

(a) works for the erection, extension or alteration of a building;

(b) the formation, alteration or maintenance of private ways;

(c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways;

(d) other operations (not including engineering or mining operations).

(2) Subject to sub-paragraph (3), development is not permitted by this class if—

(a) it would consist of or include the provision or alteration of a dwelling;

(b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; or

(c) any part of the development would be within 25 metres of the metalled portion of a trunk or classified road.

(3) (a) Development consisting of the erection of a building or the significant extension or significant alteration of a building or the formation or alteration of a private way is permitted by this class subject to the following conditions:—

(i) the developer shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;

(ii) the application shall be accompanied by a written description of the proposed develop ment, the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii) the development shall not be begun before the occurrrence of one of the following:—

(aa) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

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

(cc) the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

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

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details submitted with the application;

(v) the development shall be carried out—

(aa) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb) in any case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (a)(ii);

(b) development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building.

Commencement Information

I1 Sch. 1 para. 22 in force at 13.3.1992, see art. 1(4)

Interpretation of Part 7 S

For the purposes of this Part—

• “significant extension” and “significant alteration” mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building.