Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Sections 19, 153, 158, 169 and 263.

SCHEDULE 6 S Development not Constituting New Development

Part I S Development not Ranking for Compensation under s. 158

1 The carrying out of any of the following works, that is to say—

(a) the rebuilding, as often as the person having the right to rebuild may desire, of any building which was in existence on the appointed day, or of any building which was in existence before that day but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;

(b) the rebuilding, as often as the person having the right to rebuild may desire, of any building erected after the appointed day which was in existence at a material date;

(c) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building, or which do not materially affect the external appearance of the building and (in either case) are works for making good war damage,

so long as (in the case of works falling within any of the preceding sub-paragraphs) the cubic content of the original building is not exceeded—

(i) in the case of a dwellinghouse, by more than one-tenth or 1,750 cubic feet, whichever is the greater; and

(ii) in any other case, by more than one-tenth.

2 The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.

Part II S Development Ranking for Compensation under s. 158

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F1 3

Textual Amendments

F1 Sch. 6 para. 3 repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12, para. 32(a), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1991/2092, art.3

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F2 4

Textual Amendments

F2 Sch. 6, para. 4, repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12, para. 32(a), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1991/2092, art.3

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F3 5

Textual Amendments

F3 Sch. 6, para. 5, repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12, para. 32(a), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1991/2092, art.3

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F4 6

Textual Amendments

F4 Sch. 6, para. 6, repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12, para. 32(a), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1991/2092, art.3

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F5 7

Textual Amendments

F5 Sch. 6 para. 7 repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12, para. 32(a), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1991/2092, art.3

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F6 8

Textual Amendments

F6 Sch. 6 para. 8 repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12 para. 32(a), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1991/2092, art.3

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F7 9

Textual Amendments

F7 Sch. 6 para. 9 repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12, para. 32(a), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1991/2092, art.3

Part III S Supplementary Provisions

10 Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement.

11 Where, after the appointed day, any buildings or works have been erected or constructed, or any use of land has been instituted, and any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation thereto, this Schedule shall not operate except as respects the period specified in that condition.

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F8 12

Textual Amendments

F8 Sch. 6 para. 12 repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12 para. 32(a), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1991/2092, art.3

13 In this Schedule “at a material date” means at either of the following dates, that is to say—

(a) the appointed day; and

(b) the date by reference to which this Schedule falls to be applied in the particular case in question;

Provided that sub-paragraph (b) of this paragraph shall not apply in relation to any buildings, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.

14 (1) In relation to a building erected after the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of this Schedule, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.

[F9 (2) This paragraph does not apply for the purposes of sections 157 and 169 of this Act.]

Textual Amendments

F9 Sch. 6, para. 14(2) substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 32(b) (with s. 84(5)); S.I. 1991/2092, art.3