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Climate Change (Scotland) Act 2009
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- Acts of the Scottish Parliament
- 2009 asp 12
- Part 5
- Chapter 3
- Permitted development rights
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Changes over time for: Cross Heading: Permitted development rights
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Climate Change (Scotland) Act 2009, Cross Heading: Permitted development rights is up to date with all changes known to be in force on or before 22 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Part 5 Chapter 3 Crossheading Permitted-development-rights:
- s. 78A and cross-heading inserted by 2024 asp 13 s. 9(2)
- s. 84(8) inserted by 2024 asp 13 s. 10(3)
- s. 87A and cross-heading inserted by 2024 asp 13 s. 10(4)
- s. 97(1)(c) inserted by 2024 asp 13 s. 10(8)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 78A and cross-heading inserted by 2024 asp 13 s. 9(2)
- s. 84(8) inserted by 2024 asp 13 s. 10(3)
- s. 87A and cross-heading inserted by 2024 asp 13 s. 10(4)
- s. 97(1)(c) inserted by 2024 asp 13 s. 10(8)(b)
Permitted development rightsS
70Air source heat pumps and micro wind turbines in domestic propertiesS
(1)The Scottish Ministers must exercise their functions under sections 30 and 31 of the Town and Country Planning (Scotland) Act 1997 (c. 8) so as to make provision specifying the circumstances in which development of the class mentioned in subsection (2) is granted planning permission by virtue of an order under section 30 of that Act.
(2)That class is the installation, alteration or replacement, within the curtilage of a dwellinghouse or building containing one or more flats, of—
(a)air source heat pump microgeneration equipment; or
(b)wind turbine microgeneration equipment.
(3)The Scottish Ministers must comply with subsection (1) no later than 6 months after the day on which this section comes into force.
(4)Before complying with subsection (1), the Scottish Ministers must consult—
(a)such persons appearing to them to represent the producers and suppliers of the equipment mentioned in paragraphs (a) and (b) of subsection (2); and
(b)such other persons as the Scottish Ministers consider appropriate.
(5)In this section, “microgeneration” has the meaning given in section 82(6) of the Energy Act 2004 (c. 20).
71Microgeneration in non-domestic buildingsS
(1)The Scottish Ministers must exercise their functions under sections 30 and 31 of the Town and Country Planning (Scotland) Act 1997 (c. 8) so as to make provision specifying the circumstances in which development of the class mentioned in subsection (2) is granted planning permission by virtue of an order under section 30 of that Act.
(2)That class is the installation, alteration or replacement, within the curtilage of a non-domestic building, of microgeneration equipment.
(3)The Scottish Ministers must comply with subsection (1) no later than 12 months after the day on which this section comes into force.
(4)Before complying with subsection (1), the Scottish Ministers must consult—
(a)such persons appearing to them to represent the producers and suppliers of the equipment mentioned in subsection (2); and
(b)such other persons as the Scottish Ministers consider appropriate.
(5)In this section—
“microgeneration” has the same meaning as in section 70(5);
“non-domestic building” has the same meaning as in section 63(7).
Commencement Information
I1S. 71 in force at 1.4.2010 by S.S.I. 2009/341, art. 2(3)
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