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

Statutory Instruments

1992 No. 223 (S.17)

TOWN AND COUNTRY PLANNING, SCOTLAND

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

Made

11th February 1992

Laid before Parliament

21st February 1992

Coming into force

13th March 1992

The Secretary of State, in exercise of the powers conferred on him by sections 21 and 273 of the Town and Country Planning (Scotland) Act 1972(1) and paragraph 54(2)(b) of Schedule 4 of the Telecommunications Act 1984(2) and of all other powers enabling him in that behalf, hereby makes the following Order:

Modifications etc. (not altering text)

C1 Order applied (Crown) (with modifications) (12.6.2006) by The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006 (S.S.I. 2006/270), arts. 1(1), 11, sch.

PART 1 S INTRODUCTORY

Application, citation and commencement S

1.—(1) This Order shall apply to all land in Scotland.

(2) If a special development order is made, or has been made before the commencement of this Order, in relation to any land this Order shall apply thereto to such extent only and subject to such modifications as may be specified in the special order.

(3) Nothing in this Order shall apply to any permission which is deemed to be granted by virtue of section 62 of the Act.

(4) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and shall come into force on 13th March 1992.

Commencement Information

I1 Art. 1 in force at 13.3.1992, see art. 1(4)

Interpretation S

2.—(1) In this Order—

“the Act” means the Town and Country Planning (Scotland) Act 1972;

“the 1981 Act” means the Town and Country Planning (Minerals) Act 1981(3);

“the 1960 Act” means the Caravan Sites and Control of Development Act 1960(4);

“aerodrome” means an aerodrome as defined in article 96 of the Air Navigation Order 1985(5) which is—

(a)

licensed under that order;

(b)

a Government aerodrome;

(c)

one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft;

(d)

one used by aircraft engaged in the public transport of passengers or cargo or aerial work; or

(e)

one identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index,

and for the purposes of this definition, the terms “aerial work”, “Government aerod rome” and “public transport” have the meanings given in the aforesaid article 96;

F1 ...

“aqueduct” does not include an underground conduit;

“associated apparatus”, in relation to any sewer, main or pipe, means pumps, machinery or apparatus associated with the relevant sewer, main or pipe;

“building” does not include plant or machinery, and in Schedule 1 to this Order does not include any gate, fence, wall or other means of enclosure;

[F2 “category A listed building”, means a listed building within the meaning of section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 specified as being category A in a list of buildings compiled or approved and amended as the case may be by the Scottish Ministers in accordance with that provision as at the date of the coming into force of this Order;]

“caravan” has the same meaning as for the purposes of Part I of the Caravan Sites and Control of Development Act 1960;

“caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;

“classified road” means a road which is for the time being so classified under section 11 of the Roads (Scotland) Act 1984(6);

“conservation area” means an area of special architectural or historic interest designated as a conservation area under section 262 of the Act(7);

“contravention of previous planning control” means a use of land begun in contravention of Part II of the Town and Country Planning (Scotland) Act 1947(8);

“cubic content” means the cubic content of a structure or building measured externally;

“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;

[F3 “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;]

[F4 “European site”, means–

(a)

a special area of conservation;

(b)

a site of Community importance which has been placed on the list referred to in the third sub paragraph of Article 4(2) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

(c)

a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the said Council Directive 92/43/EEC, during the consultation period or pending a decision of the Council under Article 5(3); or

(d)

an area classified pursuant to Article 4(1) or (2) of Council Directive 79/409/EEC on the conservation of wild birds;]

F1 ...

“existing”, in relation to any building or any plant or machinery [F5 or any use], means (except in the definition of “original”) existing immediately before the carrying out of development described in this Order;

“flat” means a separate and self-contained set of premises whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally;

“floor area” means the total floor space in a building taking each floor into account but excluding, any area where the headroom measures less than 1.5 metres;

[F6 “historic garden or designed landscape”, means a garden or landscape identified in the Inventory of Gardens and Designed Landscapes in Scotland;]

F7 ...

F7 ...

“industrial process” means a process for or incidental to any of the following purposes—

(a)

the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

(b)

the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

(c)

the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;

[F8 “licensed premises ” means premises licensed for the sale of alcoholic liquor pursuant to the provisions of the Licensing (Scotland) Act 1976 or premises licensed pursuant to the provisions of the Betting, Gaming and Lotteries Act 1963;]

“listed building” means a listed building withing the meaning of section 52(7) of the Act;

F9 ...

“local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973(9);

[F10 “microwave” means that part of the radio spectrum above 1,000MHz;]

“microwave antenna” means a satellite antenna or a terrestrial microwave antenna;

“mine” means any site on which mining operations are carried out;

[F11 “minerals” includes coal won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal or confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal, but does not include any other coal;]

“mining operations” means the winning and working of minerals in, on or under land, whether by surface or undergrounding working;

[F12 “National Park”, means an area designated as a National Park under section 6(1) of the National Parks (Scotland) Act 2000;]

[F13 “national scenic area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;]

[F14 “notifiable pipe-line” means a pipe-line, as defined in section 65 of the Pipe-lines Act 1962, which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations, except–

(a)

a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act 1962; or

(b)

a pipe-line which contains or is intended to contain no hazardous substance other than–

(i)

a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; or

(ii)

a liquid or mixture of liquids, as specified in item 4 of Part II of that Schedule;]

“Notification Regulations” means the Notification of Installations Handling Hazardous Substances Regulations 1982(10);

“original” means, in relation to a building existing on 1st July 1948, as existing on that date and, in relation to a building built on or after 1st July 1948, as so built;

“plant or machinery” includes any structure or erection in the nature of plant or machinery;

“private way” means a road or footpath which is not maintainable at the public expense;

[F15 “Procedure Order” means the Town and Country Planning (General Development Procedure) (Scotland) Order 1992;]

“road” has the meaning assigned to it by section 151 of the Roads (Scotland) Act 1984(11);

“satellite antenna” means apparatus designed for transmitting F16 ... radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

[F17 “scheduled monument”, has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;]

[F18 “sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994.]

“site of archeological interest” means land which is included in the schedule of monuments compiled by the Secretary of State under section 1 of the Ancient Monuments and Archeological Areas Act 1979(12) or is within an area of land which is designated as an area of archeological importance under section 33 of that Act or is within a site which has been included in a Sites and Monuments Record held by any local authority before the coming into force of this Order;

“site of special scientific interest” means land in respect of which notification procedure has been carried out in accordance with section 28(1) of the Wildlife and Countryside Act 1981(13);

“statutory undertaker” includes, in addition to any person mentioned in section 275(1) of the Act, [F19 a universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of that Act)], the Civil Aviation Authority, [F20 public gas transporters] within the meaning of section 7 of the Gas Act 1986(14) and licence holders within the meaning of section 64(1) of the Electricity Act 1989(15);

[F21 “terrestrial antenna” means apparatus designed for transmitting or receiving terrestrial radio energy between two fixed points;]

F9 ...

“trunk road” means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984(16);

[F22 “Use Classes Order” means the Town and Country Planning (Use Classes) (Scotland) Order 1997.]

(2) (a) Any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and

(b) for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

F23 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any reference in this Order to a numbered article or Schedule is a reference to the article or as the case may be the Schedule bearing that number in this Order and a reference to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph having that number in the article or paragraph in the Schedule in which the reference appears.

[F24 (5) In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically–

(a) the expression “address” includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address; and

(b) references to documents, forms, maps, plans, drawings, certificates or other documents or to copies of such things, include references to such documents or copies of them in electronic form.

(6) Paragraphs (7) to (12) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order to give or send any application, notice or other document to any other person (“the recipient”).

(7) The requirement shall (except in a case referred to in paragraph (8)) be deemed to be fulfilled where the application, notice, or other document transmitted by the electronic communication is–

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference.

(8) The cases are–

(a) making a direction under article 4; and

(b) giving notice of a direction under article 5.

(9) In paragraph (7) “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(10) Where the electronic communication is received by the recipient–

(a) at any time before the end of a day which is a working day, it shall be deemed to have been received on that day; or

(b) at any time during a day which is not a working day, it shall be deemed to have been received on the next working day,

and for these purposes, “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, a day appointed for public thanksgiving or mourning, or any other day which is a local or public holiday in an area in which the electronic communication is received.

(11) A requirement in this Order that any application, plan, notice, form or other document should be in writing is fulfilled where the document meets the criteria in paragraph (7) and “written” and cognate expressions are to be construed accordingly.

(12) In a case to which this paragraph applies, and except where a contrary intention appears, a person making an application, or giving or serving a notice using electronic communications shall be deemed to have agreed–

(a) to the use of such communications for all purposes relating to the application or notice, as the case may be, which are capable of being carried out electronically;

(b) that the address for that purpose is the address incorporated into, or otherwise logically associated with, the application; and

(c) that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in writing that the person wishes to revoke the agreement, and such withdrawal or revocation shall be final, and shall take effect on a date specified by the person in the notice, being a date occurring after the period of seven days, beginning with the date on which the notice is given.]

Textual Amendments

F1 Words in art. 2 omitted (1.8.1999) by virtue of The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(3)

F2 Words in art. 2(1) inserted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(1)(c)(i)

F3 Words in art. 2(1) inserted (28.7.2004) by The Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), art. 1(1), sch. 6 para. 1

F4 Words in art. 2(1) inserted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(1)(c)(ii)

F5 Words in art. 2(1) inserted (25.9.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1992 (S.I. 1992/2084), arts. 1, 2(a)(i)

F6 Words in art. 2(1) inserted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(1)(c)(iii)

F7 Words in art. 2(1) revoked (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 2(a)

F8 Words in art. 2(1) inserted (1.6.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1992 (S.I. 1992/1078), arts. 1, 2(a)

F9 Words in art. 2(1) omitted (23.7.2001) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(1)(a)

F10 Words in art. 2(1) inserted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(2)

F11 Words in art. 2(1) substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 2

F12 Words in art. 2(1) inserted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(1)(c)(iv)

F13 Words in art. 2(1) substituted (17.12.2010) by The National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 (S.S.I. 2010/460), arts. 1, 5

F14 Words in art. 2(1) inserted (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 2(b)

F15 Words in art. 2 inserted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 2

F16 Word in art. 2(1) omitted (23.7.2001) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(1)(b)

F17 Words in art. 2(1) inserted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(1)(c)(v)

F18 Words in art. 2 inserted (25.12.1996) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1996 (S.I. 1996/3023), arts. 1(1), 2

F19 Words in art. 2(1) substituted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 1 para. 95(2)

F20 Words in art. 2(1) substituted (1.3.1996) by The Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996 (S.I. 1996/252), art. 1, Sch.

F21 Words in art. 2(1) inserted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(1)(c)(vi)

F22 Words in art. 2(1) substituted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 2

F23 Art. 2(3) omitted (25.9.1992) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1992 (S.I. 1992/2084), arts. 1, 2(a)(ii)

F24 Art. 2(5)-(12) inserted (28.7.2004) by The Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), art. 1(1), sch. 6 para. 2

Commencement Information

I2 Art. 2 in force at 13.3.1992, see art. 1(4)

PART 2 S PERMITTED DEVELOPMENT

Permitted development S

3.—(1) Subject to the provisions of this Order [F25 and regulations 60 to 63 of the Conservation (Natural Habitats, & c.) Regulations 1994], 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

F26 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F27 (4A) The permission granted by Schedule 1 shall not apply if —

(a) in the case of a permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;

(b) in the case of permission granted in connection with an existing use, that use is unlawful.]

(5) The permission granted by Schedule 1 shall not authorise the following—

(a) any development other than development permitted by [F28 Parts 9, 11 and 24 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;

[F29 (b) the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a [F30 public gas transporter] in accordance with Class 39 of Schedule 1] [F31 ; or

(c) any development, other than development permitted by Part 23 of Schedule 1, which requires or involves the demolition of a building but in this paragraph “building” does not include part of a building.]

F32 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F33 [F34 (8) Subject to paragraph (10), Schedule 1 development or Schedule 2 development within the meaning of the Environmental Impact Assessment (Scotland) Regulations 1999 (“the EIA Regulations”) is not permitted by this Order unless–

(a) the planning authority have adopted a screening opinion under regulation 5 of those Regulations that the development is not EIA development;

(b) the Scottish Ministers have made a screening direction under regulation 4(7) or 6(4) of those Regulations that the development is not EIA development; or

(c) the Scottish Ministers have given a direction under regulation 4(4) of those Regulations that the development is exempted from the application of these Regulations.

(9) Where–

(a) the planning authority have adopted a screening opinion pursuant to regulation 5 of the EIA Regulations that development is EIA development and the Scottish Ministers have in relation to that development neither made a screening direction to the contrary under regulation 4(7) or 6(4) of those Regulations nor directed under regulation 4(4) of those Regulations that the development is exempted from the application of those Regulations; or

(b) the Scottish Ministers have directed that development is EIA development,

that development shall be treated, for the purposes of paragraph (8), as development which is not permitted by this Order.]

(10) Paragraph (8) does not apply to–

F35 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) development which consists of the carrying out of drainage works to which Part [F36 IV of the Environmental Impact Assessment (Scotland) Regulations 1999] applies;

F37 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) development for which permission is granted by Part 7, Class 26 of Part 8, Part 11, Class 39(1)(a) of Part 13, Class 58 of Part 17 or Class 64 of Part 18 of Schedule 1;

(e) development for which permission is granted by Class 54 of Part 15, Class 59 or 60 of Part 17 or Class 63 of Part 18 of Schedule 1 provided that the development is to be carried out–

(i) in the case of Class 54 of Part 5 on the same land or, as the case may be, on land adjoining that land;

(ii) in the case of Class 59 or 60 of Part 17, on the same authorised site;

(iii) in the case of Class 63 of Part 18, on the same premises or, as the case may be, the same ancillary mining land,

as that on which development of any description permitted by the same Class has been carried out before [F38 1st August 1999];

(f) the completion of any development begun before [F38 1st August 1999].]

F39 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in art. 3(1) inserted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 3(a)

F26 Art. 3(2)(b) revoked (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 3(a)

F27 Art. 3(4A) inserted (25.9.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1992 (S.I. 1992/2084), arts. 1, 2(b)

F28 Words in art. 3(5)(a) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 3(b)

F29 Art. 3(5)(b) substituted for art. 3(5)(b)(c) (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 3(b)

F30 Words in art. 3(5)(b) substituted (1.3.1996) by The Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996 (S.I. 1996/252), art. 1, Sch.

F31 Art. 3(5)(c) and word inserted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 3(c)

F32 Art. 3(6) revoked (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 3(c)

F33 Art. 3(8)(9) substituted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(4)

F34 Art. 3(8)-(10) inserted (1.9.1997) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1997 (S.I. 1997/1871), arts. 1(1), 3(a)

F35 Art. 3(10)(a) omitted (1.8.1999) by virtue of The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(5)(a), Sch. 7

F36 Words in art. 3(10)(b) substituted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(5)(b)

F37 Art. 3(10)(c) omitted (1.8.1999) by virtue of The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(5)(a), Sch. 7

F38 Words in art. 3(10)(e)(f) substituted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(5)(c)

F39 Art. 3(8) revoked (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 3(c)

Modifications etc. (not altering text)

C2 Art. 3 modified (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 73(2)(3) (with s. 75)

C3 Art. 3 modified (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 74(2)(3) (with ss. 76, 84)

C4 Art. 3 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 38(2)(3) (with s. 50)

C5 Art. 3 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 43(2)(3) (with ss. 52, 60)

C6 Art. 3 modifed (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 43(2)(3) (with s. 59)

Commencement Information

I3 Art. 3 in force at 13.3.1992, see art. 1(4)

Directions restricting permitted development S

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 [F40 (including any Act of the Scottish Parliament)] passed after 1st July 1948 or by any Order requiring the approval of both Houses of Parliament [F41 or of the Scottish 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).

Textual Amendments

F40 Words in art. 4(2) inserted (27.7.2000) by The Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), art. 1(1), Sch. para. 22(2)(a) (with art. 3)

F41 Words in art. 4(2) inserted (27.7.2000) by The Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), art. 1(1), Sch. para. 22(2)(b) (with art. 3)

Commencement Information

I4 Art. 4 in force at 13.3.1992, see art. 1(4)

Notice and service of article 4 directions S

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

I5 Art. 5 in force at 13.3.1992, see art. 1(4)

Cancellation of article 4 directions S

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

I6 Art. 6 in force at 13.3.1992, see art. 1(4)

Directions restricting development in respect of minerals under class 54 or 66 S

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(17) 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(18) as at the date of coming into force of the Order.

Commencement Information

I7 Art. 7 in force at 13.3.1992, see art. 1(4)

PART 3 S REVOCATIONS

Revocations and savings S

8.—(1) The statutory instruments specified in columns (1) and (2) of Schedule 4 are hereby revoked to the extent specified in column (3).

(2) (a) Without prejudice to sub-paragraph (b), any direction in force immediately before the coming into force of this Order by virtue of the Town and Country Planning (General Development) (Scotland) Orders 1950 to 1970(19), the Town and Country Planning (General Development) (Scotland) Order 1975(20) and the Town and Country Planning (General Development) (Scotland) Order 1981(21) shall continue in force and have effect as if given under the corresponding provisions of this Order;

[F42 (b) any direction under article 4 of the Town and Country Planning (General Development) (Scotland) Order 1950, article 4 of the Town and Country Planning (General Development) (Scotland) Order 1975 and article 4 of the Town and Country Planning (General Development) (Scotland) Order 1981 which was in force immediately before 13th March 1992 shall in so far as it relates to development permitted by this Order have effect as if it were a direction given under article 4 of this Order of which notice has been published or served, as the case may be.]

Textual Amendments

F42 Art. 8(2)(b) substituted (1.6.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1992 (S.I. 1992/1078), arts. 1, 2(b)

Commencement Information

I8 Art. 8 in force at 13.3.1992, see art. 1(4)

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

11th February 1992

Article 3

SCHEDULE 1 S CLASSES OF PERMITTED DEVELOPMENT

PART 1 S DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Commencement Information

I9 Sch. 1 Pt. 1 in force at 13.3.1992, see art. 1(4)

Class 1.—(1) The enlargement, improvement or other alteration of a dwellinghouse.

(2) Development is not permitted by this class if—

(a) the floor area of the resulting building would exceed the floor area of the original dwellinghouse—

[F43 (i) in the case of a terrace house or of a dwellinghouse in a conservation area or within the curtilage of a listed building by more than 16 square metres or 10%, whichever is the greater;]

(ii) in any other case, by more than 24 square metres or 20%, whichever is the greater;

(iii) in any case by more than 30 square metres;

(b) the height of the resulting building would exceed the height of the highest part of the roof of the original dwellinghouse;

(c) (i) in the case of a dwellinghouse within a conservation area any part of that development would extend beyond the building line of the original dwellinghouse on any side of the house where its curtilage is bounded by a road;

(ii) in any other case any part of that development would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;

(d) any part of the development which would be within 2 metres of the boundary of the curtilage of the dwellinghouse—

(i) would be increased in height as a result of the development; and

(ii) would exceed 4 metres in height;

(e) the total area of ground covered by buildings within the curtilage (other than the original dwellinghouse) would exceed 30% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(f) it would consist of or include the installation, alteration or replacement of a [F44 microwave antenna];

(g) it would consist of or include the erection of a building within the curtilage of a listed building;

(h) it would consist of or include any alteration to the roof of the original dwellinghouse; or

(i) in the case of a dwellinghouse in a conservation area the development would consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles or any other material.

(3) For the purposes of this class—

(a) the erection within the curtilage of a dwellinghouse of any building with a floor area greater than 4 square metres and within 5 metres of any part of the dwellinghouse shall be treated as the enlargement of the dwellinghouse for all purposes;

(b) where any part of the dwellinghouse would be within 5 metres of an existing building within the same curtilage, that building shall be treated as forming part of the resulting building for the purpose of calculating the floor area;

(c) “resulting building” means the dwellinghouse as enlarged, improved or altered, taking into account any previous enlargement, improvement or alteration to the original dwellinghouse, whether permitted by classes 1 to 6 or not;

• “terrace house” means a dwellinghouse—

  (i)

  situated in a row of three or more buildings used, or designed for use, as single dwellingh ouses; and

  (ii)

  having a mutual wall with, or having a main wall adjoining the main wall of, the dwelling house (or building designed for use as a dwellinghouse) on either side of it F45 ...,

  but includes the dwellinghouses at each end of such a row of buildings as is referred to.

Textual Amendments

F43 Sch. 1 Pt. 1 Class 1(2)(a)(i) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 4(1)

F44 Words in Sch. 1 Pt. 1 Class 1(2)(f)substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(3)(a)

F45 Words in Sch. 1 Pt. 1 Class 1(3)(c)(ii) revoked (1.6.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1992 (S.I. 1992/1078), arts. 1, 2(c)

Class 2.—(1) Any alteration to the roof of a dwellinghouse including the enlargement of a dwellinghouse by way of an addition or alteration to its roof.

(2) Development is not permitted by this class if—

(a) any part of the dwellinghouse would as a result of the works, exceed the height of the highest part of the existing roof;

(b) any part of the dwellinghouse would, as a result of the works, extend 10 centimetres beyond the plane of any existing roof slope;

(c) the roof area of the enlargement exceeds 10% of the roof area of the dwelling house before development;

(d) any roofing material used would materially affect the external appearance of the dwellinghouse;

(e) the dwelling house is in a conservation area.

Class 3.—(1) The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration of such a building or enclosure.

(2) Development is not permitted by this class if—

(a) it consists of a dwelling or a [F46 microwave antenna];

[F47 (b) it consists of the provision, improvement or other alteration of a building or enclosure where as a result any part of such building or enclosure which is to be provided, improved or otherwise altered would be both less than 20 metres from any road which bounds the curtilage and nearer to the road than the part of the original dwellinghouse nearest to it;]

[F48 (c) it consists of the provision, improvement or other alteration of a building where the building to be provided, improved or otherwise altered would have a floor area greater than 4 square metres and any part of it would be within 5 metres of any part of the dwellinghouse;]

(d) the height of that building or enclosure would exceed—

(i) 4 metres, in the case of a building with a ridged roof; or

(ii) 3 metres, in any other case;

(e) the total area of ground covered by buildings or enclosures within the curtilage (other than the original dwellinghouse) would exceed 30% of the total area of the curtilage (excluding the ground area of the original dwellinghouse); or

(f) in the case of any land in a conservation area or land within the curtilage of a listed building, it would consist of the provision, alteration or improvement of a building with a floor area greater than 4 square metres.

(3) For the purposes of this class “purpose incidental to the enjoyment of the dwellinghouse” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

Textual Amendments

F46 Words in Sch. 1 Pt. 1 Class 3(2)(a) substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(3)(b)

F47 Sch. 1 Pt. 1 Class 3(2)(b) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 4(2)(a)

F48 Sch. 1 Pt. 1 Class 3(2)(c) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 4(2)(b)

Class 4.—(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse.

(2) Development is not permitted by this class within a conservation area or within the curtilage of a listed building.

Class 5.—(1) The erection or provision within the curtilage of a dwellinghouse of a container for the storage of oil [F49 or liquified petroleum gas].

(2) Development is not permitted by this class if—

(a) it would be within a conservation area or within the curtilage of a listed building;

(b) the capacity of the container would exceed 3500 litres;

(c) any part of the container would be more than 3 metres above ground level;

(d) any part of the container would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;

(e) it would result in more than one container within the curtilage of a dwellinghouse.

Textual Amendments

F49 Words in Sch. 1 Pt. 1 Class 5(1) inserted (25.12.1996) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1996 (S.I. 1996/3023), arts. 1(1), 3

Class 6.—(1) The installation, alteration or replacement of a [F50 microwave antenna] on a dwellinghouse or within the curtilage of a dwellinghouse.

[F51 (2) Development is not permitted by this class if–

(a) it would result in the presence on a dwellinghouse, or within the curtilage of a dwellinghouse of–

(i) more than two microwave antennas;

(ii) a single microwave antenna exceeding 100 centimetres in length;

(iii) two microwave antennas which do not meet the relevant size criteria;

(iv) a microwave antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(v) a microwave antenna installed on a chimney, where the antenna would protrude above the chimney;

(vi) a microwave antenna with a cubic capacity in excess of 35 litres;

(b) in the case of a microwave antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(c) in the case of a microwave antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

(d) in a designated area it would consist of the installation of a microwave antenna on a chimney, wall or roof slope which faces onto, and is visible from, a road.]

[F52 (3) Development is permitted by this class subject to the following conditions–

(a) the microwave antenna shall, as far as practicable, be sited so as to minimise its effect on the external appearance of the building on which it is installed; and

(b) a microwave antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable.]

[F53 (4) The length of a microwave antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.

(5) For the purposes of this class–

“designated area” means a national scenic area, National Park, conservation area, historic garden or designed landscape, or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument; and

“relevant size criteria” means that–

(i)

only one of the microwave antennas may exceed 60 centimetres in length; and

(ii)

any microwave antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.]

Textual Amendments

F50 Words in Sch. 1 Pt. 1 Class 6(1) substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(3)(c)(i)

F51 Sch. 1 Pt. 1 Class 6(2) substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(3)(c)(ii)

F52 Sch. 1 Pt. 1 Class 6(3) substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(3)(c)(iii)

F53 Sch. 1 Pt. 1 Class 6(4)(5) inserted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(3)(c)(iv)

[F54 PART 1A S INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT

Textual Amendments

F54 Sch. 1 Pt. 1A inserted (12.3.2009) by The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009 (S.S.I. 2009/34), arts. 1, 2(2), sch.

Class 6A.— (1) The installation, alteration or replacement of solar PV or solar thermal equipment on–

(a) a dwellinghouse or a building containing a flat; or

(b) a building within the curtilage of a dwellinghouse.

(2) Development is not permitted by this class, in the case of solar PV or solar thermal equipment installed on a wall or pitched roof of a dwellinghouse, if:

(a) any part of the solar PV or solar thermal equipment would protrude more than 200mm beyond the external surface of the wall or the plane of the roof; or

(b) any part of the solar PV or solar thermal equipment would project higher than the highest point of the roof (excluding any chimney) on which the equipment is fixed.

(3) Development is not permitted by this class, in the case of a building containing a flat, if–

(a) the solar PV or solar thermal equipment would be installed on any part of the external walls of the building; or

(b) in the case of solar PV or solar thermal equipment installed on a pitched roof, if the solar PV or solar thermal equipment would–

(i) protrude more than 200mm beyond the plane of the roof; or

(ii) project higher than the highest point of the roof (excluding any chimney) on which the equipment is fixed.

(4) Development is not permitted by this class, in the case of solar PV or solar thermal equipment installed on a flat roof of a dwellinghouse or building containing a flat, if the solar PV or solar thermal equipment would–

(a) be situated within 1 metre from the edge of the roof; or

(b) protrude more than 1 metre above the plane of the roof.

(5) Development is not permitted by this class, in the case of land within a conservation area or World Heritage Site, if the solar PV or solar thermal equipment would be installed on a wall or part of a roof which–

(a) forms the principal elevation of the dwellinghouse or the building containing the flat; and

(b) is visible from a road.

(6) Development is permitted by this class, subject to the following conditions–

(a) solar PV or solar thermal equipment must, so far as reasonably practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) solar PV or solar thermal equipment no longer needed for or capable of domestic microgeneration must be removed as soon as reasonably practicable.

Class 6B.— (1) The installation, alteration or replacement of a free-standing solar within the curtilage of a dwellinghouse.

(2) Development is not permitted by this class if–

(a) it would result in the presence within the curtilage of a dwellinghouse of more than one free-standing solar;

(b) the surface area of the solar panels forming part of the free-standing solar would exceed 9 square metres;

(c) any part of the free-standing solar would exceed 4 metres in height; or

(d) the distance from the boundary of the curtilage of the dwellinghouse to the free standing solar would be less than the height of the free-standing solar.

(3) Development is not permitted by this class in the case of land within a conservation area or World Heritage Site, if the free-standing solar would be visible from a road.

(4) Development is not permitted by this class if the free standing solar would be within the curtilage of a listed building.

(5) Development is permitted by this class, subject to the following conditions–

(a) the free-standing solar must, so far as reasonably practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) a free-standing solar no longer needed for or capable of domestic microgeneration must be removed as soon as reasonably practicable.

Class 6C.— (1) The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse or building containing a flat.

(2) Development is not permitted by this class if–

(a) the height of the flue would protrude more than one metre above the highest part of the roof (excluding any chimney) on which the flue is fixed;

(b) in the case of land within a conservation area or a World Heritage Site, the flue would be installed on the principal elevation of the dwellinghouse or building containing a flat; or

(c) the flue would be within an Air Quality Management Area.

Class 6D.  The installation, alteration or replacement of a ground source heat pump within the curtilage of a dwellinghouse or building containing a flat.

Class 6E.  The installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse or building containing a flat.

Class 6F.— (1) The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse or building containing a flat.

(2) Development is not permitted by this class if–

(a) the height of the flue would protrude more than 1 metre above the highest part of the roof (excluding any chimney) on which the flue is fixed;

(b) in the case of land within a conservation area or World Heritage Site, the flue would be installed on the principal elevation of the dwellinghouse, or building containing a flat; or

(c) in the case of a combined heat and power system fuelled by biomass sources, the flue would be within an Air Quality Management Area.

[F55 Class 6G.— (1) The installation, alteration or replacement of a free standing wind turbine within the curtilage of a dwelling.

(2) Development is not permitted by this class if—

(a) it would result in the presence within the curtilage of a dwelling of more than one free standing wind turbine; or

(b) the wind turbine would be situated less than 100 metres from the curtilage of another dwelling.

(3) Development is not permitted by this class in the case of land within—

(a) a conservation area;

(b) a World Heritage Site;

(c) a site of special scientific interest; or

(d) a site of archaeological interest.

(4) Development is not permitted by this class if the wind turbine would be within the curtilage of a listed building.

(5) Development is permitted by this class subject to the following conditions—

(a) the developer must before beginning the development apply to the planning authority for—

(i) the approval of the authority in respect of the design and size of the proposed wind turbine; and

(ii) a determination as to whether the prior approval of the authority will be required in respect of the siting and external appearance of the proposed wind turbine;

(b) the application is to be accompanied by—

(i) a written description of the proposed development, including details of the design and size of the proposed wind turbine; and

(ii) a plan indicating the site;

(c) the development is not to be commenced before—

(i) the applicant has received written approval from the planning authority in respect of the size and design of the wind turbine; and

(ii) the occurrence of one of the following—

(aa) the receipt by the applicant from the planning authority of a written notice of their determination that prior approval in respect of the siting and external appearance of the proposed wind turbine is not required;

(bb) the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice of their determination that such approval is required; or

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

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

(i) to the extent to which prior approval is required, in accordance with the details approved;

(ii) to the extent to which prior approval is not required, in accordance with the details submitted with the application;

(e) the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

(6) Development is permitted by this class subject to the conditions that a free standing wind turbine—

(a) must, so far as reasonably practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) is used only for the purposes of domestic microgeneration; and

(c) that is no longer needed for or capable of domestic microgeneration must be removed as soon as reasonably practicable.

Textual Amendments

F55 Sch. 1 Pt. 1A Classes 6G, 6H inserted (8.3.2010) by The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010 (S.S.I. 2010/27), arts. 1, 2(2)(a)

Class 6H.— (1) The installation, alteration or replacement of an air source heat pump within the curtilage of a dwelling.

(2) Development is not permitted by this class if—

(a) it would result in the presence within the curtilage of a dwelling of more than one air source heat pump; or

(b) the air source heat pump would be situated less than 100 metres from the curtilage of another dwelling.

(3) Development is not permitted by this class in the case of land within a conservation area if the air source heat pump would be visible from a road.

(4) Development is not permitted by this class if the air source heat pump would be within—

(a) a World Heritage Site; or

(b) the curtilage of a listed building.

(5) Development is permitted by this class subject to the following conditions—

(a) the developer must 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 and external appearance of the air source heat pump;

(b) the application is to be accompanied by a written description of the proposed development and a plan indicating the site;

(c) the development is not to be commenced before the occurrence of one of the following—

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

(ii) the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice of their determination that such approval is required; or

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

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

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

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

(e) the development is to be carried out—

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

(ii) in any other case, within a period of three years from the date on which the application under paragraph (a) above was made.

(6) Development is permitted by this class subject to the conditions that an air source heat pump—

(a) must, so far as reasonably practicable, be sited so as to minimise its effect on the amenity of the area;

(b) is used only for the purposes of domestic microgeneration; and

(c) that is no longer needed for or capable of domestic microgeneration must be removed as soon as reasonably practicable.]

Textual Amendments

F55 Sch. 1 Pt. 1A Classes 6G, 6H inserted (8.3.2010) by The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010 (S.S.I. 2010/27), arts. 1, 2(2)(a)

Interpretation of Part 1A S

For the purposes of Part 1A–

• “Air Quality Management Area”, has the meaning given in section 83(1) of the Environment Act 1995;

• [F56 “dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building;]

• “free-standing solar” means solar photovoltaics or solar thermal equipment which is not installed on a building;

• [F57 “free standing wind turbine” means a wind turbine which is not installed on a building;]

• “microgeneration” has the meaning given in section 82(6) of the Energy Act 2004 and “domestic microgeneration” means the production of electricity or heat for domestic consumption using microgeneration equipment;

• “solar PV” means solar photovoltaics; and

• “World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.]

Textual Amendments

F56 Words in Sch. 1 Pt. 1A inserted (8.3.2010) by The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010 (S.S.I. 2010/27), arts. 1, 2(2)(b)(i)

F57 Words in Sch. 1 Pt. 1A inserted (8.3.2010) by The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010 (S.S.I. 2010/27), arts. 1, 2(2)(b)(ii)

[F58 PART 1B S INSTALLATION OF NON-DOMESTIC MICROGENERATION EQUIPMENT

Textual Amendments

F58 Sch. 1 Pt. 1B inserted (18.3.2011) by The Town and Country Planning (General Permitted Development) (Non-Domestic Microgeneration) (Scotland) Amendment Order 2011 (S.S.I. 2011/136), arts. 1, 2(2)

Class 6I.— (1) The installation, alteration or replacement of underground pipes within the curtilage of a non-domestic building required in connection with either or both—

(a) a ground source heat pump;

(b) a water source heat pump.

(2) Development is not permitted by this class if the surface area of land under which the installation, alteration or replacement of any underground pipes (together with any other such pipes) is to be carried out would exceed 0.5 hectares.

(3) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) within the curtilage of a listed building;

(c) a World Heritage Site; or

(d) a historic garden or designed landscape.

(4) Development is not permitted by this class if the total heat output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed 45 kilowatts thermal.

(5) Development is permitted by this class subject to the condition that the surface of the land on which any works have been carried out to install, alter or replace the underground pipes required in connection with either or both—

(a) a ground source heat pump;

(b) a water source heat pump;

must as soon as practicable after the development is completed be restored.

(6) In this class “World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.

Class 6J.— (1) The installation, alteration or replacement of solar PV or solar thermal equipment on a non-domestic building.

(2) Development is not permitted by this class, in the case of solar PV or solar thermal equipment installed on a pitched roof of a non-domestic building, if—

(a) any part of the solar PV or solar thermal equipment would protrude more than 200 millimetres beyond the roof plane;

(b) any part of the solar PV or solar thermal equipment would project higher than the roof ridge on which the equipment is fixed; or

(c) any part of the solar PV or solar thermal equipment would protrude outwith any of the edges of the roof on which the equipment is fixed.

(3) Development is not permitted by this class, in the case of solar PV or solar thermal equipment installed on a flat roof of a non-domestic building, if—

(a) the flat roof does not have a parapet wall;

(b) where the flat roof does have a parapet wall—

(i) any part of the solar PV or solar thermal equipment would exceed the height of such parapet wall; or

(ii) any part of the solar PV or solar thermal equipment would protrude outwith any of the edges of the roof on which the equipment is fixed.

(4) Development is not permitted by this class, in the case of solar PV or solar thermal equipment installed on an external wall of a non-domestic building, if—

(a) any part of the solar PV or solar thermal equipment would protrude 200 millimetres beyond the outer surface of that wall;

(b) any part of the solar PV or solar thermal equipment would extend beyond the boundaries of the curtilage of the non-domestic building; or

(c) any part of the solar PV or solar thermal equipment would be situated within 200 millimetres of any edge of the wall.

(5) Development within 3 kilometres of the perimeter of an aerodrome or technical site is not permitted by this class.

(6) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) the curtilage of a listed building;

(c) a National Scenic Area;

(d) a historic garden or designed landscape;

(e) a conservation area; or

(f) a National Park.

(7) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed—

(a) in relation to the generation of electricity, 50 kilowatts; or

(b) in relation to the production of heat, 45 kilowatts thermal.

Class 6K.— (1) The carrying out on agricultural land comprised in an agricultural unit of works for the erection, extension or alteration of a non-domestic building or structure for the purpose of—

(a) the generation (including cogeneration) of energy from burning biomass;

(b) the generation (including cogeneration) of energy from anaerobic digestion of biomass; or

(c) the storing of biomass,

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

(2) Development is not permitted by this class if—

(a) the development would be carried out on agricultural land less than 0.4 hectares in area;

(b) the ground area to be covered by any building or structure erected or any building or structure as extended or altered, would exceed 465 square metres;

(c) the height of any part of the building, structure or flue within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(d) the height of any part of the building, structure or flue outwith 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(e) any part of the development would be within 25 metres of a classified road; or

(f) any part of the development would be situated within 400 metres of the curtilage of a protected building.

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed—

(a) in relation to the generation of electricity, 50 kilowatts; or

(b) in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of generating energy from burning biomass is not permitted by this class in the case of land within an air quality management area.

(5) Development for the purposes of generating energy from burning biomass is not permitted by this class if—

(a) it would require more than one flue to be connected to the biomass equipment;

(b) the flue forming part of the biomass equipment would be either—

(i) greater than 500 millimetres in diameter; or

(ii) in the case of an alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(6) Development consisting of the erection of a building, structure or flue or the significant extension or significant alteration of a building, structure or flue is permitted by this class subject to the following conditions—

(a) the developer must, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the siting, design and external appearance of the proposed building, structure or flue;

(b) the application is to be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;

(c) the development is not to be commenced before the occurrence of one of the following—

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

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

(iii) 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;

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

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

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

(e) the development is to be carried out—

(i) where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given;

(ii) in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in sub-paragraph (6)(b).

(7) For the purposes of this class—

(a) the area of 0.4 hectares referred to in sub-paragraph (2)(a) shall comprise one piece of land except within the areas of the following planning authorities, namely Argyll and Bute Council, Highland Council, Orkney Islands Council, Shetland Islands Council and Comhairle nan Eilean Siar, where the area of 0.4 hectares may be calculated by adding together the areas of separate parcels of land;

(b) the ground area referred to in sub-paragraph (2)(b) is the sum of—

(i) the ground area which would be covered by the proposed development; and

(ii) the ground area of any building (other than a dwelling), or any structure, works, plant or machinery within the same unit which is being erected or has been erected within the preceding two years and any part of which would be within 90 metres of the proposed development; and

(c) the 400 metres measurement referred to in sub-paragraph (2)(f) is to be measured along the ground.

(8) In this class—

“agricultural land” means land which, before development permitted under this Order is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden or any land used for the purposes of fish farming;

“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture other than fish farming, but includes—

(a)

any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit; or

(b)

any dwelling on that land occupied by a farmworker;

“fish farming” means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for transfer to other waters;

“the purposes of agriculture” includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used; and

“protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

(a)

a building within the agricultural unit; or

(b)

a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

Class 6L.— (1) The carrying out on land used for the purposes of forestry, including afforestation works for the erection, extension or alteration of a non-domestic building or structure for the purpose of—

(a) the generation (including cogeneration) of energy from burning biomass;

(b) the generation (including cogeneration) of energy from anaerobic digestion of biomass; or

(c) the storing of biomass

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

(2) Development is not permitted by this class if—

(a) the height of any building, structure or flue within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height;

(b) any part of the development would be within 25 metres of a classified road; or

(c) any part of the development would be situated within 400 metres of the curtilage of a protected building.

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed—

(a) in relation to the generation of electricity, 50 kilowatts; or

(b) in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of the generation of energy from burning biomass is not permitted by this class—

(a) in the case of land within an air quality management area;

(b) if it would require more than one flue to be connected to biomass equipment;

(c) if the flue forming part of the biomass equipment would be either—

(i) greater than 500 millimetres in diameter; or

(ii) in the case of the alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(5) Development is permitted by this class subject to the following conditions—

(a) the developer must, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the siting, design and external appearance of the proposed building, structure or flue;

(b) the application is to be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;

(c) the development is not to be commenced before the occurrence of one of the following—

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

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

(iii) 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;

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

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

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

(e) the development is to be carried out—

(i) where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given;

(ii) in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in sub-paragraph (5)(b).

(6) For the purposes of this class, “protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include a building on land used for the purposes of forestry including afforestation.

Class 6M.— (1) The extension or alteration of an industrial building or a warehouse for the purpose of either or both—

(a) the generation (including cogeneration) of energy from burning biomass;

(b) the storage of biomass

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

(2) Development is not permitted by this class if—

(a) the height of the building, structure or flue as extended or altered would exceed the height of the original building, structure or flue;

(b) the floor area of the original building would be exceeded by more than 25% or 1,000 square metres whichever is the greater;

(c) the external appearance of the premises of the undertaking concerned would be materially affected;

(d) any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(e) the development would lead to a reduction in the space available for the parking or turning of vehicles.

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of an industrial warehouse or building would exceed—

(a) in relation to the generation of electricity, 50 kilowatts; or

(b) in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of the generation of energy from burning biomass is not permitted by this class—

(a) in the case of land within an air quality management area;

(b) if it would require more than one flue to be connected to the biomass equipment;

(c) if the flue forming part of the biomass equipment would be either—

(i) greater than 500 millimetres in diameter; or

(ii) in the case of the alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(5) Development is permitted by this class subject to the condition that where any building, structure or flue is extended or altered the extension or alteration must only be used to house equipment required in connection with the generation of energy from burning biomass.

(6) For the purposes of this class—

(a) the erection of any additional building within the curtilage of another building, whether by virtue of this class or otherwise, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(c) “industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking but does not include a building on land in or adjacent to and occupied together with a mine; and

(d) “warehouse” means a building used as a wholesale warehouse, or repository for any purpose and does not include a building on land in or adjacent to and occupied together with a mine.

Interpretation of Part 1B S

For the purposes of Part 1B—

“air quality management area” has the meaning given in section 83(1) of the Environment Act 1995;

“cogeneration” means the simultaneous generation in one process of thermal energy and electrical and/or mechanical energy;

“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building;

“microgeneration” has the meaning given in section 82(6) of the Energy Act 2004;

“non-domestic building” means a building other than a dwelling or a building containing a dwelling;

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

“technical site” means—

(a)

any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 for the provision of air traffic services, particulars of which have been furnished by the Scottish Ministers or the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated; or

(b)

any area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated.]

PART 2 S SUNDRY MINOR OPERATIONS

Commencement Information

I10 Sch. 1 Pt. 2 in force at 13.3.1992, see art. 1(4)

Class 7.—(1) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

(2) Development is not permitted by this class if—

(a) the height of any gate, fence, wall or other means of enclosure to be erected or constructed within 20 metres of a road would, after the carrying out of the development, exceed one metre above ground level;

(b) the height of any other gate, fence, wall or other means of enclosure to be erected or constructed would exceed two metres above ground level;

(c) the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d) it would involve development within the curtilage of, or in respect of a gate, fence, wall or other means of enclosure surrounding, a listed building.

Class 8.  The formation, laying out and construction of a means of access to a road which is not a trunk road or a classified road, where that access is required in connection with development permitted by any class in this Schedule other than Class 7.

Class 9.—(1) The stone cleaning or painting of the exterior of any building or works.

(2) Development is not permitted by this class—

(a) for the purposes of advertisement, announcement or direction;

(b) where the building or works are in a conservation area; or

(c) where the building is a listed building.

(3) For the purposes of this class, “painting” includes any application of colour.

PART 3 S CHANGES OF USE

Commencement Information

I11 Sch. 1 Pt. 3 in force at 13.3.1992, see art. 1(4)

Class 10.— [F59 (1)] Development consisting of a change of use of a building or land to a use within class 1 (shops) from a use—

(a) within class 2 (financial, professional and other services);

[F60 (aa) for the sale of hot food for consumption off the premises;]

(b) within class 3 (food and drink); or

(c) for the sale or display for sale of motor vehicles.

[F61 (2) Development is not permitted by sub-paragraph (1)(c) of this class if the change of use is of a building whose total floor area exceeds 235 square metres.]

Textual Amendments

F59 Sch. 1 Pt. 3 Class 10 renumbered as Sch. 1 Pt. 1 Class 10(1) (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 3(a)

F60 Sch. 1 Pt. 3 Class 10(1)(aa) inserted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 3(b)

F61 Sch. 1 Pt. 3 Class 10(2) inserted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 3(c)

Class 11.  Development consisting of a change of use of a building or land to a use within class 2 (financial, professional and other services) from a use within class 3 (food and drink) [F62 or a use for the sale of hot food for consumption off the premises].

Textual Amendments

F62 Words in Sch. 1 Pt. 3 Class 11 inserted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 4

Class 12.  Development consisting of a change of use of a building or land to a use within class 4 (business) from a use within—

(a) class 5 (general industrial); or

(b) [F63 class 6] (storage or distribution).

Textual Amendments

F63 Words in Sch. 1 Pt. 3 Class 12 substituted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 5

Class 13.—(1) Development consisting of a change of use of a building or land to a use within [F64 class 6] (storage or distribution) from a use within—

(a) class 4 (business); or

(b) class 5 (general industrial).

(2) Development is not permitted by this class if the change of use relates to more than 235 square metres of the floor area in the building.

Textual Amendments

F64 Words in Sch. 1 Pt. 3 Class 13 substituted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 5

Interpretation of Part 3— S

For the purposes of Part 3—

• any references to “class”, other than the reference to “Class 10”, “Class 11”, “Class 12” and “Class 13” where they occur at the beginning of each of the four preceding paragraphs, are references to the classes specified in the Schedule to [F65 the Use Classes Order].

Textual Amendments

F65 Words in Sch. 1 Pt. 3 substituted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 6

PART 4 S TEMPORARY BUILDINGS AND USES

Commencement Information

I12 Sch. 1 Pt. 4 in force at 13.3.1992, see art. 1(4)

Class 14.—(1) The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

(2) Development is not permitted by this class if—

(a) the operations being or to be carried out are mining operations; or

(b) planning permission is required for these operations but has not been granted or deemed to be granted.

(3) Development is permitted by this class subject to the conditions that, when the operations have been carried out—

(a) any building, structure, works, plant or machinery permitted by this Class shall be removed; and

(b) any adjoining land on which development permitted by this Class has been carried out shall as soon as reasonably practicable, be reinstated to its condition before that development was carried out.

Class 15.  The use of land (other than a building or land within the curtilage of a building) for any purpose, except as a caravan site or an open air market, on not more than 28 days in total in any calendar year, and the erection or placing of moveable structures on the land for the purposes of that use.

PART 5 S CARAVAN SITES

Commencement Information

I13 Sch. 1 Pt. 5 in force at 13.3.1992, see art. 1(4)

Class 16.—(1) The use of land, other than a building, as a caravan site in the circumstances referred to in sub-paragraph (3).

(2) Development is permitted by this class subject to the condition that the use shall be discontinued when the circumstances specified in sub-paragraph (3) cease to exist, and all caravans on the site shall be removed as soon as reasonably practicable.

(3) The circumstances specified in this sub-paragraph are those specified in paragraphs 2 to 10 of Schedule 1 to the 1960 Act, but in relation to those mentioned in paragraph 10 do not include use for winter quarters.

Class 17.  Development required by the conditions of a site licence for the time being in force under the 1960 Act.

PART 6 S AGRICULTURAL BUILDINGS AND OPERATIONS

Commencement Information

I14 Sch. 1 Pt. 6 in force at 13.3.1992, see art. 1(4)

Class 18.—(1) The carrying out on agricultural land comprised in an agricultural unit of—

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

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

(c) any excavation or engineering operations,

requisite for the purposes of agriculture within that unit.

(2) Development is not permitted by this class if—

(a) the development would be carried out on agricultural land less than 0.4 hectare in area;

(b) it would consist of or include the erection, extension or alteration of a dwelling;

(c) a building, structure or works not designed for the purposes of agriculture would be provided on the land;

(d) the ground area to be covered by—

(i) any works or structure (other than a fence) for the purposes of accommodating livestock or any plant or machinery arising from engineering operations; or

(ii) any building erected or any building as extended or altered by virtue of this class,

would exceed 465 square metres, calculated as described in sub-paragraph (5);

(e) the height of any part of the building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(f) the height of any part of the building, structure or works outwith 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

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

(h) it would consist of or include the erection or construction of, or the carrying out of any works to, a building, structure or erection used or to be used for housing pigs, poultry, rabbits or animals bred for their skin or fur or for the storage of slurry or sewage sludge, and the building, structure or works is or would be within 400 metres of the curtilage of any protected building.

(3) Development is permitted by this class subject to the following conditions—

(a) where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, erection or works resulting from the development shall not be used for housing pigs, poultry, rabbits or animals bred for their skin or fur or for the storage of slurry or sewage sludge;

(b) where the development involves—

(i) the extraction of any mineral from the land or from any disused railway embankment on the land; or

(ii) the removal of any mineral from a mineral-working deposit on the land,

the mineral shall not be moved off the land, unless planning permission for the winning and working of that mineral has been granted on an application made under Part III of the Act;

(c) in the case of development which involves the deposit of waste materials on or under the land, no waste materials shall be brought onto the land from elsewhere except for development of the kind described in sub-paragraph (1)(a) or the creation of a hard surface, where the materials are incorporated into the building or works forthwith.

(4) (a) Development consisting of the erection of a building or the significant extension or significant alteration of a building F66 ... is permitted by this class subject to the following conditions:—

[F67 (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;]

(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 occurrence 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 other 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.

(5) For the purposes of this class—

[F68 (a) the area of 0.4 hectares shall comprise one piece of land except within the areas of the following planning authorities, namely Argyll and Bute District Council, Badenoch and Strathspey District Council, Caithness District Council, Inverness District Council, Lochaber District Council, Orkney Islands Council, Ross and Cromarty District Council, Shetland Islands Council, Skye and Lochalsh District Council, Sutherland District Council and Western Isles Islands Council, where the area of 0.4 hectares may be calculated by adding together the areas of separate parcels of land;]

(b) the ground area referred to in sub-paragraph (2)(d) is the sum of—

(i) the ground area which would be covered by the proposed development; and

(ii) the ground area of any building (other than a dwelling), or any structure, works, plant or machinery within the same unit which is being provided or has been provided within the preceding two years and any part of which would be within 90 metres of the proposed development;

(c) the 400 metres measurement referred to in sub-paragraphs (2) and (3) is to be measured along the ground;

(d) “protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

(i) a building within the agricultural unit;

F69 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

Textual Amendments

F66 Words in Sch. 1 Pt. 6 Class 18(4)(a) revoked (1.6.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1992 (S.I. 1992/1078), arts. 1, 2(e)

F67 Sch. 1 Pt. 6 Class 18(4)(a)(i) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 5(a)

F68 Sch. 1 Pt. 6 Class 18(5)(a) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 5(b)

F69 Sch. 1 Pt. 6 Class 18(5)(d)(ii) omitted (2.2.1998) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 7

[F70 Water Management S

Class 18A.— (1) The carrying out of F71 ... drainage for agriculture or of any other water management project for that purpose [F72 , but not including the carrying out of irrigation work].

(2) Development consisting of the erection of a building or the significant extension or significant alteration of a building is permitted by this class subject to the conditions set out in Class 18(4)(a); and development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building.]

Textual Amendments

F70 Sch. 1 Pt. 6 Class 18A inserted (30.9.2003) by The Environmental Impact Assessment (Water Management) (Scotland) Regulations 2003 (S.S.I. 2003/341), regs. 1, 3 (with reg. 5)

F71 Words in Sch. 1 Pt. 6 Class 18A(1) omitted (31.3.2011) by virtue of The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), reg. 1(2), sch. 11 para. 2(a) (with regs. 3, 54, sch. 11 para. 5)

F72 Words in Sch. 1 Pt. 6 Class 18A(1) inserted (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), reg. 1(2), sch. 11 para. 2(b) (with regs. 3, 54, sch. 11 para. 5)

Class 19.—(1) The winning and working on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.

(2) Development is not permitted by this class if any excavation would be made within 25 metres of the metalled portion of a trunk or classified road or a railway line.

(3) Development is permitted by this class subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture.

Land drainage works S

Class 20.  The carrying out of any works required in connection with the improvement or maintenance of watercourses or land drainage works.

Peat S

Class 21.  The winning and working of peat by any person for the domestic requirements of that person.

Interpretation of Part 6 S

For the purposes of Part 6—

“agricultural land” means land which, before development permitted under this Order is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden or any land used for the purposes of fish farming;

“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture other than fish farming, but includes—

(a)

any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit; or

(b)

any dwelling on that land occupied by a farmworker;

“building” does not include anything resulting from engineering operations;

“fish farming” means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consump tion or for transfer to other waters;

“the purposes of agriculture” includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used;

“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;

“slurry” means animal faeces and urine whether or not water has been added.

PART 7 S FORESTRY BUILDINGS AND OPERATIONS

Commencement Information

I15 Sch. 1 Pt. 7 in force at 13.3.1992, see art. 1(4)

Class 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 F73 ... is permitted by this class subject to the following conditions:—

[F74 (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;]

(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.

Textual Amendments

F73 Words in Sch. 1 Pt. 7 Class 22(3)(a) revoked (1.6.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1992 (S.I. 1992/1078), arts. 1, 2(f)

F74 Sch. 1 Pt. 7 Class 22(3)(a)(i) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 6

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.

PART 8 S INDUSTRIAL AND WAREHOUSE DEVELOPMENT

Commencement Information

I16 Sch. 1 Pt. 8 in force at 13.3.1992, see art. 1(4)

Class 23.—(1) The extension or alteration of an industrial building or a warehouse.

(2) Development is not permitted by this class if—

(a) the building as extended or altered is to be used for purposes other than those of the undertaking concerned;

(b) the building is to be used for a purpose other than—

(i) in the case of an industrial building as extended or altered the carrying out of an industrial process or the provision of employee facilities;

(ii) in the case of a warehouse, as extended or altered for storage or distribution or for the provision of employee facilities;

(c) the height of the building as extended or altered would exceed the height of the original building;

(d) the floor area of the original building would be exceeded by more than 25% or 1,000 square metres whichever is the greater;

(e) the external appearance of the premises of the undertaking concerned would be materially affected;

(f) any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(g) the development would lead to a reduction in the space available for the parking or turning of vehicles.

(3) Development is permitted by this class subject to the conditions that where any building is extended or altered—

(a) in the case of an industrial building, it shall only be used for the carrying out of an industrial process for the purpose of the undertaking or the provision of employee facilities;

(b) in the case of a warehouse, it shall only be used for storage or distribution for the purposes of the undertaking or the provision of employee facilities;

(c) it shall not be used to provide employee facilities between 7 pm and 6.30 am for employees other than those present at the premises of the undertaking for the purpose of their employment;

(d) it shall not be used to provide employee facilities if a notifiable quantity of a hazardous substance is present at the premises of the undertaking.

(4) Development is permitted for the purpose of carrying out any ancillary social, recreational or welfare purpose on condition that such uses shall not be carried on in a building any part of which is used for a hazardous activity.

(5) For the purposes of this class—

(a) the erection of any additional building within the curtilage of another building, whether by virtue of this class or otherwise, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

Class 24.—(1) Development carried out on industrial land for the purposes of an industrial process consisting of—

(a) the installation of additional or replacement plant or machinery;

(b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

(c) the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

(2) Development is not permitted by this class if—

(a) it would materially affect the external appearance of the premises of the undertaking concerned; or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

(3) In this class “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine.

Class 25.  The creation of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned.

Class 26.—(1) The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

(2) Development is not permitted by this class if—

(a) the waste material is or includes material resulting from the winning and working of minerals; or

(b) the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.

Interpretation of Part 8 S

For the purposes of Part 8—

“employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including creche facilities provided for the children of such employees;

“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking but does not include a building on land in or adjacent to and occupied together with a mine;

“warehouse” means a building used as a wholesale warehouse, or repository for any purpose and does not include a building on land in or adjacent to and occupied together with a mine.

PART 9 S REPAIRS TO PRIVATE ROADS AND PRIVATE WAYS

Commencement Information

I17 Sch. 1 Pt. 9 in force at 13.3.1992, see art. 1(4)

Class 27.—(1) The carrying out on land within the boundaries of a private road or private way of works required for the maintenance or improvement of the road or way.

(2) For the purpose of this class—

• “private road” has the meaning assigned to it by section 151(1) of the Roads (Scotland) Act 1984(22).

PART 10 S REPAIRS TO SERVICES

Commencement Information

I18 Sch. 1 Pt. 10 in force at 13.3.1992, see art. 1(4)

Class 28.—(1) The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

(2) Development is permitted by this class subject to the condition that on completion of the works or nine months after commencement of the works, whichever is the earlier, the land shall be restored to—

(a) the condition it was in before the works were carried out; or

(b) such condition as may be acceptable to the planning authority.

PART 11 S DEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS

Commencement Information

I19 Sch. 1 Pt. 11 in force at 13.3.1992, see art. 1(4)

Class 29.—(1) Development authorised by—

(a) a local or private Act of Parliament [F75 or of the Scottish Parliament];

(b) an order approved by both Houses of Parliament [F76 or by the Scottish Parliament]; or

(c) any order made under section 14 or 16 of the Harbours Act 1964(23),

which in each case designates specifically the nature of the development authorised and the land upon which it may be carried out.

(2) Development is not permitted by this class if it consists of or includes—

(a) the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam; or

(b) the formation, laying out or alteration of a means of access to any road used by vehicular traffic,

unless the prior approval of the planning authority in respect of the detailed plans and specifications is first obtained.

(3) The prior approval referred to in sub-paragraph (2) shall not be refused by the planning authority or granted subject to conditions unless they are satisfied that—

(a) in any case (other than the provision of works carried out to a dam) the development ought to be and could reasonably be carried out elsewhere on the land designated specifically in the said Act or order; or

(b) the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

Textual Amendments

F75 Words in Sch. 1 Pt. 11 Class 29(1)(a) inserted (27.7.2000) by The Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), art. 1(1), Sch. para. 22(3)(a) (with art. 3)

F76 Words in Sch. 1 Pt. 11 Class 29(1)(b)inserted (27.7.2000) by The Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), art. 1(1), Sch. para. 22(3)(b) (with art. 3)

Modifications etc. (not altering text)

C7 Sch. 1 Pt. 11 Class 29 modified (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 73(2)-(4) (with s. 75)

C8 Sch. 1 Pt. 11 Class 29 modified (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 74(2)-(5) (with ss. 76, 84)

C9 Sch. 1 Pt. 11 Class 29 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 38(2)(3) (with s. 50)

C10 Sch. 1 Pt. 11 Class 29 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 43(2)(3) (with ss. 52, 60)

C11 Sch. 1 Pt. 11 Class 29 modifed (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 43(2)(3) (with s. 59)

PART 12 S DEVELOPMENT BY LOCAL AUTHORITIES

Commencement Information

I20 Sch. 1 Pt. 12 in force at 13.3.1992, see art. 1(4)

Class 30.  The erection or construction and the maintenance, improvement or other alteration by a local authority of—

(a) any building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity on land belonging to or maintained by them, being building works or equipment required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;

(b) lamp standards, refuse bins, public shelters and similar structures or works required in connection with the operation of any public service administered by them.

[F77 Class 31.   The carrying out by a roads authority–

(a) on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where said works involve development by virtue of section 26(2)(b) of the Act; or

(b) on land outside but adjoining the boundary of an existing road of works required for or incidental to the maintenance or improvement of the road.]

Textual Amendments

F77 Sch. 1 Pt. 12 Class 31 substituted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(6)

F78 Class 32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Sch. 1 Pt. 12 Class 32 revoked (25.12.1996) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1996 (S.I. 1996/3023), arts. 1(1), 4

Class 33.  The carrying out, within their own district by a planning authority of—

(a) works for the erection of dwellinghouses, so long as those works conform to a local plan adopted under section 12 of the Act(24);

(b) any development under the Housing (Scotland) Act 1987(25) not being development to which the last foregoing sub-paragraph applies so long as the development conforms to a local plan adopted under section 12 of the Act;

(c) any development under any enactment the estimated cost of which does not exceed £100,000 other than—

(i) development of any of the classes specified in Schedule 2 (bad neighbour development); or

(ii) development which constitutes a material change in the use of any buildings or other land.

PART 13 S DEVELOPMENT BY STATUTORY UNDERTAKERS

Commencement Information

I21 Sch. 1 Pt. 13 in force at 13.3.1992, see art. 1(4)

Railway or light railway undertakings S

Class 34.—(1) Development by railway undertakers or their lessees on their operational land, required in connection with the movement of traffic by rail.

(2) Development is not permitted by this class if it consists of or includes—

(a) the construction of a railway;

(b) the construction or erection of a hotel, railway station or bridge; or

(c) the construction or erection otherwise than wholly within a railway station of—

(i) an office, or a building used for either residential or educational purposes or for an industrial process;

(ii) a car park, shop, restaurant, garage or petrol filling station.

(3) For the purposes of this class—

(a) references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appear ance would be materially affected;

(b) the reference to industrial process does not include the washing, maintenance and cleaning of rolling stock.

Dock, pier, harbour, water transport, canal or inland navigation undertakings S

Class 35.—(1) Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a) for the purposes of shipping; or

(b) in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking.

(2) Development is not permitted by this class if it consists of or includes—

(a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic;

(b) the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—

(i) a building used for educational purposes; or

(ii) a car park, shop, restaurant, garage or petrol filling station.

(3) For the purposes of this class references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964.

Works to inland waterways S

Class 36.  The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968(26) applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

Dredgings S

Class 37.  The use of any operational land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertaking for the spreading of any dredged material.

Water undertakings S

Class 38.—(1) For the purposes of water undertakings development of any of the following descriptions—

(a) the laying underground of mains, pipes or other apparatus;

(b) the installation in a water distribution system of a booster station, valve house, meter or switchgear house;

(c) the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation;

(d) any other development carried out in, on, over or under the operational land other than the provision of a building but including the extension or alteration of a building.

(2) Development is not permitted by this class if—

(a) it would include the construction of a reservoir;

(b) in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a booster station or valve house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a road used by vehicular traffic;

(c) in the case of any development referred to in sub-paragraph (1)(d), it would consist of or include the extension or alteration of a building so that—

(i) its design or external appearance would be materially affected;

(ii) the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%; or

(iii) the floor area of the original building would be exceeded by more than 1,000 square metres; or

(d) in the case of any development referred to in sub-paragraph (1)(d), it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

(3) Development is permitted by sub-paragraph (1)(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the planning authority).

[F79 Public gas transporters] S

Class 39.—(1) Development by a [F80 public gas transporter] required for the purposes of its undertaking consisting of—

(a) the laying underground of mains, pipes or other apparatus;

(b) the installation in a gas distribution system of apparatus for measuring, recording, controlling or varying the pressure, flow or volume of gas, and structures for housing such apparatus;

(c) the construction in any storage area or protective area specified in an order made under section 4 of the Gas Act 1965(27), of boreholes, and the erection or construction in any such area of any plant or machinery required in connection with the construction of such boreholes;

(d) the placing and storage on land of pipes and other apparatus to be included in a main pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

(e) the erection on operational land of the [F80 public gas transporter] of a building solely for the protection of plant or machinery; and

(f) any other development carried out in, on, over or under the operational land of the [F80 public gas transporter].

(2) Development is not permitted by this class if—

(a) in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a road used by vehicular traffic;

(b) in the case of any development referred to in sub-paragraph (1)(c)—

(i) the borehole is shown in an order approved by the Secretary of State for Energy for the purpose of section 4(6) of the Gas Act 1965(28); or

(ii) any plant or machinery would exceed 6 metres in height;

(c) in the case of any development referred to in sub-paragraph (1)(e), the building would exceed 15 metres in height; or

(d) in the case of any development referred to in sub-paragraph (1)(f)—

(i) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii) it would involve the installation of plant or machinery exceeding 15 metres in height, or capable without the carrying out of additional works of being extended to a height exceeding 15 metres; or

(iii) it would consist of or include the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater.

(3) Development is permitted by this class subject to the following conditions:—

(a) in the case of any development referred to in sub-paragraph (1)(a), not less than 8 weeks before the beginning of operations to lay a notifiable pipeline, the [F80 public gas transporter] shall give notice in writing to the planning authority of its intention to carry out that development, identifying the land under which the pipeline is to be laid;

(b) in the case of any development referred to in sub-paragraph (1)(d), on completion of the laying or construction of the main or pipe, or at the expiry of a period of 9 months from the beginning of the development, whichever is the sooner, the pipe or apparatus shall be removed and the land restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

[F81 (c) in the case of any development referred to in sub-paragraph (1)(e)—

(i) the [F80 public gas transporter] 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;

(ii) the application shall be accompanied by a written description of the proposed development and 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 occurrence 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 give 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 other case, within a perio d of five years from the date on which the planning authority were given the information referred to in sub-paragraph (c)(ii).]

(4) For the purposes of this class—

• “notifiable pipeline” means a pipeline (as that term is defined in section 65 of the Pipelines Act 1962(29) which contains or is intended to contain a hazardous substance, but does not include a pipeline which has been authorised under section 1 of the Pipelines Act 1962, or a pipeline which contains, or is intended to contain, no hazardous substance other than—

  (a)

  a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; or

  (b)

  a flammable liquid, as specified in item 4 of Part II of the said Schedule.

Textual Amendments

F79 Sch. 1 Pt. 13 Class 39 heading substituted (1.3.1996) by The Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996 (S.I. 1996/252), art. 1, Sch.

F80 Words in Sch. 1 Pt. 13 Class 39 substituted (1.3.1996) by The Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996 (S.I. 1996/252), art. 1, Sch.

F81 Sch. 1 Pt. 13 Class 39(3)(c) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 7(2)

Electricity undertakings S

Class 40.—(1) Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their undertaking consisting of—

(a) the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transfor ming or switching stations or chambers reasonably necessary in connection with an electric line;

(b) the installation or replacement of any [F82 electronic communications line] which connects any part of an electric line to any electrical plant or building, and the installation or replacement of any support for any such line;

(c) the sinking of boreholes to ascertain the nature of the subsoil and the installation of any plant or machinery reasonably necessary in connection with such boreholes;

(d) the extension or alteration of buildings on operational land of the undertaking;

(e) the erection on operational land of the undertaking of a building solely for the protection of plant or machinery; and

(f) any other development carried out in, on, over or under the operational land of the undertaking.

(2) Development is not permitted by this class if—

(a) in the case of any development referred to in sub-paragraph (1)(a)—

(i) it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Eletricity Act 1989(30) applies; or

(ii) it would consist of or include the installation or replacement at or above ground level or under a road used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed 29 cubic metres in capacity;

(b) in the case of any development referred to in sub-paragraph (1)(b)—

(i) the development would take place in a national scenic area or a site of special scientific interest;

(ii) the height of any support would exceed 15 metres; or

(iii) the [F82 electronic communications line] would exceed 1,000 metres in length;

(c) in the case of any development referred to in sub-paragraph (1)(d)—

(i) the height of the original building would be exceeded;

(ii) the cubic content of the original building would be exceeded by more than 25% (or 10% in the case of any building situated in a conservation area or a national scenic area);

(iii) the floor area of the original building would be exceeded by more than 1,000 square metres (or 500 square metres in the case of any building situated in a conservation area or a national scenic area);

(d) in the case of any development referred to in sub-paragraph (1)(e) the building would exceed 15 metres in height; or

(e) in the case of any development referred to in sub-paragraph (1)(f) it would consist of or include—

(i) the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected; or

(ii) the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.

(3) Development is permitted by this class subject to the following conditions:—

(a) in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the replacement of an existing electric line, any conditions contained in a planning permission relating to the height, design or position of the existing eletric line shall so far as possible apply to the replacement line;

(b) in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place or to such condition as may have been agreed in writing between the planning authority and the developer;

(c) in the case of any development referred to in sub-paragraph (1)(c) on the completion of that development or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

[F83 (d) in the case of any development referred to in sub-paragraph (1)(e)—

(i) the statutory undertaker 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;

(ii) the application shall be accompanied by a written description of the proposed development and 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 occurrence 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 give 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 other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (d)(ii).]

(4) For the purposes of sub-paragraphs (1)(d), (e) and (f) the land of a holder of a licence under section 6(2) of the Electricity Act 1989 shall be treated as operational land if it would be operational land within section 211 of the Act if such licence holders were statutory undertakers for the purpose of that section.

(5) For the purpose of this class—

• “electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989(31);

• “electrical plant” has the meaning assigned to that term by the said section 64(1); and

• “[F82 electronic communications line]” means a wire or cable (including its casing or coating) which forms part of a [F82 an electronic communications apparatus] within the meaning assigned to that term by paragraph 1 of Schedule 2 to the Telecommunications Act 1984(32).

Textual Amendments

F82 Words in Sch. 1 Pt. 13 Class 40 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 31(2)(a)(b)

F83 Sch. 1 Pt. 13 Class 40(3)(d) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 7(3)

Tramway or road transport undertakings S

Class 41.—(1) Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

(a) the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a road for the purpose of supplying current to public service vehicles;

(b) the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;

(c) the installation of telephone cables and apparatus, huts, stop posts and signs required in connec tion with the operation of public service vehicles;

(d) the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;

(e) any other development on operational land of the undertaking.

(2) Development is not permitted by this class, if it would consist of—

(a) in the case of any development referred to in sub-paragraph (1)(a), the installation of a structure exceeding 17 cubic metres in capacity,

(b) in the case of any development referred to in sub-paragraph (1)(e)—

(i) the erection of a building or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii) the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater;

(iii) development, not wholly within an omnibus or tramway station, in pursuance of powers contained in transport legislation.

(3) For the purposes of this class—

“public service vehicle” means a public service vehicle or tramcar within the meaning of the Public Passenger Vehicles Act 1981(33) or a trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988(34).

Lighthouse undertakings S

Class 42.—(1) Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894(35) and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the said Act of 1894.

(2) Development is not permitted by this class if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

[F84 Universal Service Providers] S

Class 43.—(1) Development required for the purposes of [F85 a universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of that Act)] consisting of—

(a) the installation of posting boxes, posting pouches or self-service machines;

(b) any other development carried out in, on, over or under the operational land of the undertaking.

(2) Development is not permitted by this class if—

(a) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(b) it would consist of or include the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any existing plant or machinery, whichever is the greater; or

(c) it would consist of the installation of a posting pouch within a conservation area.

Textual Amendments

F84 Sch. 1 Pt. 13 Class 43 heading substituted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 1 para. 95(3)(a)

F85 Words in Sch. 1 Pt. 13 Class 43 substituted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 1 para. 95(3)(b)

[F86 Sewerage undertakings S

Class 43A.— (1) Any development relating to sewerage by a sewerage authority or by a person authorised under section 3A of the Sewerage (Scotland) Act 1968 in relation to that development, being[F87 –

(a)] development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe or sludge main or associated apparatus[F88 ; or

(b) development consisting of the erection, construction, maintenance, improvement or other alteration of–

(i) a control kiosk for a pump station or monitoring station, where the control kiosk does not exceed 6 cubic metres in volume, 2 metres in height, 3 metres in width or 1 metre in depth;

(ii) a sewer pipe which is supported on pillars or a truss above ground to maintain a gradient and which does not exceed 1 metre in height;

(iii) a raised manhole cover or sampling chamber which does not exceed 1 metre in height or 1 metre in width;

(iv) a vent pipe which does not exceed 3 metres in height; or

(v) a concrete head wall for sewer discharge pipes which does not exceed 1.5 metres in height, 1.5 metres in length or 0.5 metre in depth].

(2) Development is permitted by this class subject to the condition that not less than 28 days before the beginning of operations the sewerage authority or, as the case may be, the person authorised under section 3A of the Sewerage (Scotland) Act 1968 shall give notice in writing to the planning authority of its intention to carry out the development, identifying the land under [F89 or on] which the development is to take place.]

Textual Amendments

F86 Sch. 1 Pt. 13 Class 43A inserted (25.12.1996) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1996 (S.I. 1996/3023), arts. 1(1), 5

F87 Words in Sch. 1 Pt. 13 Class 43A(1) renumbered as Sch. 1 Class 43A(1)(a) (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 8(a)(i)

F88 Sch. 1 Pt. 13 Class 43A(1)(b) and word inserted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 8(a)(ii)

F89 Words in Sch. 1 Pt. 13 Class 43A(2) inserted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 8(b)

PART 14 S AVIATION DEVELOPMENT

Commencement Information

I22 Sch. 1 Pt. 14 in force at 13.3.1992, see art. 1(4)

Development at an airport S

Class 44.—(1) The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport.

(2) Development is not permitted by this class if it would consist of or include—

(a) the construction or extension of a runway;

(b) the erection of a building other than an operational building;

(c) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

(3) Development is permitted by this class subject to the condition that the relevant airport operator shall consult the planning authority before carrying out any development, unless that development falls within the description in sub-paragraph (4).

(4) Development falls within this sub-paragraph if—

(a) it is urgently required for the efficient running of the airport; and

(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

Air navigation development at an airport S

Class 45.  The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft using the airport; or

(c) the monitoring of the movement of aircraft using the airport.

Air navigation development near an airport S

Class 46.—(1) The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft using the airport; or

(c) the monitoring of the movement of aircraft using the airport.

(2) Development is not permitted by this class if—

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft, or monitoring the movement of aircraft using the airport;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Development by Civil Aviation Authority within an airport S

Class 47.  The carrying out by the Civil Aviation Authority or its agents, within the perimeter of an airport at which the Authority provides air traffic control services, of development in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft using the airport; or

(c) the monitoring of the movement of aircraft using the airport.

Development by Civil Aviation Authority for air traffic control and navigation S

Class 48.—(1) The carrying out on operational land of the Civil Aviation Authority by the Authority or its agents of development in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft; or

(c) monitoring the movement of aircraft.

(2) Development is not permitted by this class if—

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft or monitoring the movement of aircraft;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Development by Civil Aviation Authority in emergency S

Class 49.—(1) The use of land by or on behalf of the Civil Aviation Authority in an emergency to station moveable apparatus replacing unserviceable apparatus.

(2) Development is permitted by this class subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Development by Civil Aviation Authority for air traffic control etc. S

Class 50.—(1) The use of land by or on behalf of the Civil Aviation Authority to provide services and facilities in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft; or

(c) the monitoring of aircraft,

and the erection or placing of moveable structures on the land for the purpose of that use.

(2) Development is permitted by this class subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Development by Civil Aviation Authority for surveys etc. S

Class 51.—(1) The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

(2) Development is permitted by this class subject to the condition that on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Use of airport buildings managed by relevant airport operators S

[F90 Class 52.   The use by a relevant airport operator of buildings within the perimeter of a relevant airport for purposes connected with air transport services or other flying activities at that airport.]

Textual Amendments

F90 Sch. 1 Pt. 14 Class 52 substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 8

Interpretation of Part 14 S

For the purpose of Part 14—

“operational building” means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;

“relevant airport” means an airport to which Part V of the Airports Act 1986(36) applies;

“relevant airport operator” means a relevant airport operator within the meaning of section 57 of the Airports Act 1986.

PART 15 S MINERAL EXPLORATION

Commencement Information

I23 Sch. 1 Pt. 15 in force at 13.3.1992, see art. 1(4)

Class 53.—(1) Development on any land during a period not exceeding 28 consecutive days consisting of—

(a) the drilling of boreholes;

(b) the carrying out of seismic surveys; or

(c) the making of other excavations,

for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.

(2) Development is not permitted by this class if—

(a) it consists of the drilling of boreholes for petroleum exploration;

(b) any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

(c) any operation would be carried out within a national scenic area or a site of archaeological or special scientific interest;

(d) any explosive charge of more than 1 kilogram would be used;

(e) any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area;

(f) in the case described in sub-paragraph (1)(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or

(g) any structure assembled or provided would exceed 12 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.

(3) Development is permitted by this class subject to the following conditions:—

(a) no operations shall be carried out between 6pm and 7am;

(b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;

(c) before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d) within a period of 28 days from the cessation of operations unless the planning authority have, in a particular case, agreed otherwise in writing—

(i) any structure permitted by this class and any waste material arising from development permitted by this class shall be removed from the land;

(ii) any borehole shall be adequately sealed;

(iii) any other excavation shall be filled with material from the site;

(iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and

(v) the land shall, so far as is practicable, be restored to the condition it was in before the development took place, including the carrying out of any necessary seeding and replanting.

Class 54.—(1) Development on any land F91 ... consisting of—

(a) the drilling of boreholes;

(b) the carrying out of seismic surveys; or

(c) the making of other excavations,

for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.

(2) Development is not permitted by this class if—

(a) it consists of the drilling of boreholes for petroleum exploration;

(b) the developer has not previously notified the planning authority in writing of his intention to carry out the development specifying the nature and location of the development;

(c) the relevant period has not elapsed;

(d) any explosive charge of more than 2 kilograms would be used;

(e) any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area; or

(f) any structure assembled or provided would exceed 12 metres in height.

(3) Development is permitted by this class subject to the following conditions:—

(a) the development shall be carried out in accordance with the details in the notification referred to in sub-paragraph (2)(b), unless the planning authority have otherwise agreed in writing;

(b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;

(c) before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d) within a period of 28 days from the date of the operations ceasing, unless the planning authority have, in a particular case, agreed otherwise in writing—

(i) any structure permitted by this class and any waste material arising from development so permitted shall be removed from the land;

(ii) any borehole shall be adequately sealed;

(iii) any other excavation shall be filled with material from the site;

(iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and

(v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting;

[F92 (e) the development shall cease no later than a date 6 months after the relevant period has elapsed, unless the planning authority have otherwise agreed in writing.]

Textual Amendments

F91 Words in Sch. 1 Pt. 15 Class 54(1) revoked (29.6.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1994 (S.I. 1994/1442), arts. 1(1), 2(a)

F92 Sch. 1 Pt. 15 Class 54(3)(e) inserted (29.6.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1994 (S.I. 1994/1442), arts. 1(1), 2(b)

Interpretation of Part 15 S

For the purposes of Part 15—

“mineral exploration” means the carrying out of operations for the purpose of ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral;

“relevant period” means—

(a)

in a case where a direction has not been issued under article 7, the period which ends 21 days after the notification referred to in paragraph 54(2)(b) or on the date on which the planning authority notify the developer in writing that they will not issue such a direction whichever is the earlier; or

(b)

in a case where a direction is issued under article 7 the period which ends 28 days from the date on which notice of that direction is sent to the Secretary of State or on the date on which the planning authority notify the developer in writing that the Secretary of State has disallowed the direction whichever is the earlier;

“structure” includes a building, plant or machinery.

PART 16 S DEVELOPMENT ANCILLARY TO MINING OPERATIONS

Commencement Information

I24 Sch. 1 Pt. 16 in force at 13.3.1992, see art. 1(4)

Class 55.—(1) The carrying out of operations for the erection, extension, installation, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery;

(b) buildings;

(c) private ways or private railways or sidings; or

(d) sewers, mains, pipes, cables or other similar apparatus,

on land used as a mine.

(2) Development is not permitted by this class—

(a) in relation to land at an underground mine—

(i) otherwise than on an approved site; or

(ii) from a date 6 months after the coming into force of this Order, on land falling within subparagraph (b) of the definition of “approved site” unless a plan of that land has before that date been deposited with the planning authority;

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or

(ii) the treatment, storage or removal from the mine of such minerals or waste materials derived from them;

(c) if the external appearance of the mine would be materially affected;

(d) if any building, plant or machinery which is not in an excavation would exceed the height of—

(i) 15 metres above ground level; or

(ii) the building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greater;

(e) if any building, plant or machinery in an excavation would exceed the height of—

(i) 15 metres above the excavated ground level; or

(ii) 15 metres above the lowest point of the unexcavated ground immediately adjacent to the excavation; or

(iii) the building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greatest;

(f) if any building erected (other than a replacement building) would have a floor area exceeding 1,000 square metres; or

(g) if the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor area would exceed by more than 1,000 square metres the floor area of that building.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant or machinery permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b) the land shall be restored, so far as is practicable, to its condition before the development took place, or restored to such condition as may have been agreed in writing between the planning authority and the developer.

Class 56.—(1) The carrying out, on land used as a mine or on acillary mining land, with the prior approval of the planning authority, of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery;

(b) buildings; or

(c) structures or erections.

(2) Development is not permitted by this class—

(a) in relation to land at an underground mine—

(i) otherwise than on an approved site; or

(ii) from a date 6 months after the coming into force of this Order, on land falling within paragraph (b) of the definition of “approved site”, unless a plan of that land has, before that date, been deposited with the planning authority; or

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the operation of the mine;

(ii) the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine; or

(iii) the storage or removal from the mine of such minerals, their products or waste materials derived from them.

(3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications can reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(4) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant, machinery, structures or erections permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b) the land shall be restored, so far as is practicable, to its condition before the development took place or restored to such condition as may have been agreed in writing between the planning authority and the developer.

Class 57.—(1) The carrying out with the prior approval of the planning authority of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

(2) Development is not permitted by this class if it is carried out by the [F93 Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994].

(3) The prior approval of the planning authority to development permitted by this class is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant, machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level; or

(ii) where a building, plant or machinery is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (5) below.

(4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(5) The limits referred to in sub-paragraph (3)(c) are—

(a) that the cubic content of the building as extended, altered and replaced does not exceed that of the existing building by more than 25%; and

(b) that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Textual Amendments

F93 Words in Sch. 1 Pt. 16 Class 57(2) substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 3

Interpretation of Part 16 S

For the purposes of Part 16—

“active access” means a surface access to underground workings which is in normal and regular use for the transportation of minerals, materials, spoil or men;

“ancillary mining land” means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

“approved site” is an area of land—

(a)

identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted, as land which may be used for development described in this class; or

(b)

in any other case, it is land immediately adjoining an active access to an underground mine which, on the date of coming into force of this Order, was in use for the purposes of that mine, in connection with the purposes described in sub-paragraph (2)(b)(i) or (ii) of Class 55 or sub-paragraph (2)(b)(i) to (iii) of Class 56;

“normal and regular use” means, for the purpose of the definition of “active access” use other than use in the course of intermittent visits carried out for the purpose of inspection and maintenance of the fabric of the mine or of any plant or machinery;

“prior approval of the planning authority” means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery as erected, installed, extended or altered;

“underground mine” is a mine at which minerals are worked principally by underground methods.

PART 17 S [F94 COAL MINING DEVELOPMENT BY THE COAL AUTHORITY AND ITS LICENSEES]

Textual Amendments

F94 Sch. 1 Pt. 17 heading substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(a)

Commencement Information

I25 Sch. 1 Pt. 17 in force at 13.3.1992, see art. 1(4)

[F95 Class 58.— (1) Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of–

(a) the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

(2) Development is permitted by this class subject, except where sub-paragraph (3) applies, to the conditions that–

(a) except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the planning authority may agree in writing, apply to the planning authority for approval of a restoration scheme;

(b) where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;

(c) if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to the conditions that–

(i) reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later, and

(ii) aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later;

(d) where there is no approved restoration scheme–

(i) all buildings, plant, machinery, structures or erections used at any time for in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the planning authority have otherwise agreed in writing, and

(ii) that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the planning authority and the developer,

before the end of the period specified in sub-paragraph (2)(e);

(e) the period referred to in sub-paragraph (2)(d) is–

(i) the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (2)(a) before that date, 24 months from the date when that application has been finally determined, whichever is later, or

(ii) any longer period which the planning authority have agreed in writing;

(f) for the purposes of sub-paragraph (2), an application for approval of a restoration scheme has been finally determined when the following conditions have been met:–

(i) any proceedings on the application, including any proceedings on or in consequence of an application under section 233 of the Act, have been determined, and

(ii) any time for appealing under section 33, or applying or further applying under section 233, of that Act (where there is a right to do so) has expired.

(3) Sub-paragraph (2) shall not apply to land in respect of which there is an extant planning permission which–

(a) has been granted on an application under Part III of the Act, and

(b) has been implemented.

(4) For the purposes of this class–

“a licensee of the Coal Authority” means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies;

“approved restoration scheme” means a restoration scheme which is approved when an application made under sub-paragraph (2)( a) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the planning authority (with or without conditions);

“coal-related minerals” means minerals other than coal which are, or may be, won and worked by coal-mining operations;

“designated seam area” means land identified, in accordance with paragraph (a) of the definition of “seam plan”, in a seam plan which was deposited with the planning authority before 1st September 1994;

“previous coal-mining operations” has the same meaning as in section 54(3) of the Coal Industry Act 1994 and references in this class to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

“restoration scheme” means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine;

“seam plan” means a plan or plans on a scale of not less than 1 to 25,000 showing–

(a)

land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at a mine at 29th June 1994, without further development on an authorised site other than development permitted by Class 59 of Schedule 1 to this Order;

(b)

any active access used in connection with the land referred to in paragraph (a) of this definition;

(c)

the National Grid lines and reference numbers shown on Ordnance Survey maps;

(d)

a typical stratigraphic column showing the approximate depths of the coal seams referred to in paragraph (a) of this definition.]

Textual Amendments

F95 Sch. 1 Pt. 17 Class 58 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(b) (with art. 6)

Class 59.—(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by [F96 a licensed operator], in connection with [F97 coal-mining operations].

(2) Development is not permitted by this class if—

(a) the external appearance of the mine would be materially affected;

(b) any building, plant or machinery, structure or erection or any deposit of minerals or waste—

(i) would exceed a height of 15 metres above ground level; or

(ii) where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater;

(c) any building erected (other than a replacement building) would have a floor area exceeding 1,000 square metres;

(d) the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor area would exceed by more than 1,000 square metres, the floor area of that building;

(e) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(f) from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not, before that date, been deposited with the planning authority.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer.

Textual Amendments

F96 Words in Sch. 1 Pt. 17 Class 59 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(c)(i)

F97 Words in Sch. 1 Pt. 17 Class 59 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(c)(ii)

Class 60.—(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by [F98 a licensed operator] in connection with [F99 coal-mining operations] and with the prior approval of the planning authority.

(2) Development is not permitted by this class if—

(a) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(b) from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not before that date, been deposited with the planning authority.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land, unless the planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer.

(4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

Textual Amendments

F98 Words in Sch. 1 Pt. 17 Class 60 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(c)(i)

F99 Words in Sch. 1 Pt. 17 Class 60 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(c)(ii)

F100 Class 61.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100 Sch. 1 Pt. 17 Class 61 revoked (29.6.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1994 (S.I. 1994/1442), arts. 1(1), 3(2) (with art. 4)

Class 62.—(1) The carrying out by the [F101 Coal Authority or a licensed operator], with the prior approval of the planning authority, of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

(2) The prior approval of the planning authority to development permitted by this class is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant or machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level; or

(ii) where any building, plant or machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (4).

(3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(4) The limits referred to in sub-paragraph (2)(c) are—

(i) that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%; and

(ii) that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Textual Amendments

F101 Words in Sch. 1 Pt. 17 Class 62 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(d)

Interpretation of Part 17 S

For the purposes of Part 17—

“active access” means a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or men;

“authorised site” is land which—

(a)

(i)

is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted as land which may be used for development described in this class; or

(ii)

in any other case, is land immediately adjoining an active access which, on the date of coming into force of this Order, was in use for the purpose of that mine in connection with [F102 coal-mining operations];

(b)

for the purpose of the definition of “authorised site” land is not to be regarded as in use in connection with [F102 coal-mining operations] if—

(c)

it is used for the permanent deposit of waste derived from the winning and working of minerals; or

(d)

there is on, over and under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipeline which is not itself surrounded by other land used for those purposes;

[F103 “coal-mining operations” has the same meaning as in section 65(1) of the Coal Industry Act 1994 and references to any development or use in connection with coal-mining operations shall include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;]

[F104 “licensed operator” has the same meaning as in section 65 of the Coal Industry Act 1994;]

“normal and regular use” means, for the purpose of the definition of “active access”, use other than use in the course of intermittent visits carried out for the purpose of inspection and maintenance of the fabric of the mine or any plant or machinery;

“prior approval of the planning authority” means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery or structure or erection as erected, installed, extended or altered.

Textual Amendments

F102 Words in Sch. 1 Pt. 17 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(e)(iii)

F103 Words in Sch. 1 Pt. 17 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(e)(i)

F104 Words in Sch. 1 Pt. 17 inserted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(e)(ii)

PART 18 S WASTE TIPPING AT A MINE

Commencement Information

I26 Sch. 1 Pt. 18 in force at 13.3.1992, see art. 1(4)

Class 63.—(1) The deposit, on premises used as a mine or on ancillary mining land already used for the purpose, of waste derived from the winning and working of minerals at that mine or from minerals brought to the surface at that mine, or from the treatment or the preparation for sale, consumption or utilization of minerals from the mine.

(2) Development is not permitted by this class if—

(a) in the case of waste deposited in an excavation, waste would be deposited at a height above the level of the land adjoining the excavation, unless that is provided for in a waste management scheme or a relevant scheme;

(b) in any other case, the superficial area or height of the deposit (measured as at the date of the making of this Order) would be increased by more than 10%, unless such an increase is provided for in a waste management scheme or in a relevant scheme.

(3) Development is permitted by the class subject to the following conditions:—

(a) except in a case where a relevant scheme or a waste management scheme has already been approved by the planning authority, the developer shall, if the planning authority so require, within three months or such longer period as the authority may specify, submit a waste management scheme for that authority’s approval;

(b) where a waste management scheme or a relevant scheme has been approved, the depositing of waste and all other activities in relation to that deposit shall be carried out in accordance with the scheme as approved.

Class 64.—(1) The deposit on land comprised in a site used for the deposit of waste materials or refuse on 1st July 1948 of waste resulting from [F105 coal-mining operations].

(2) Development is not permitted by this class on or after a date 3 months after the coming into force of this Order unless—

(a) it is in accordance with a relevant scheme which has been approved by the planning authority before the date of coming into force of this Order; or

(b) an application for planning permission has been made and—

(i) the development is in terms of the permission sought; and

(ii) the application has not been determined by the planning authority, or, if an appeal is made, the Secretary of State.

Textual Amendments

F105 Words in Sch. 1 Pt. 18 Class 64(1) substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 5(a)

Interpretation of Part 18 S

For the purposes of Part 18—

“ancillary mining land” means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

[F106 “coal-mining operations” has the same meaning as in section 65 of the Coal Industry Act 1994;]

“relevant scheme” means a scheme, other than a waste management scheme, requiring approval by the planning authority in accordance with a condition or limitation on any planning permission granted or deemed to be granted under Part III of the Act, for making provision for the manner in which the deposit of waste is to be carried out and for the carrying out of other activities in relation to that deposit;

“waste management scheme” means a scheme required by the planning authority to be submitted for their approval in accordance with the condition in sub-paragraph (3)(a) of Class 63 which makes provision for—

(a)

the manner in which the depositing of waste (other than waste deposited on a site for use for filling any mineral excavation in the mine or on ancillary mining land in order to comply with the terms of any planning permission granted on an application or deemed to be granted under Part III of the Act) is to be carried out after the date of the approval of that scheme;

(b)

where appropriate, the stripping and storage of the subsoil and topsoil;

(c)

the restoration and aftercare of the site.

Textual Amendments

F106 Words in Sch. 1 Pt. 18 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 5(b)

PART 19 S REMOVAL OF MATERIAL FROM MINERAL WORKING DEPOSITS

Commencement Information

I27 Sch. 1 Pt. 19 in force at 13.3.1992, see art. 1(4)

Class 65.  The removal of material of any description from a stockpile.

Class 66.—(1) The removal of material of any description from a mineral working deposit other than a stockpile.

(2) Development is not permitted by this class if—

(a) the developer has not previously notified the planning authority in writing of his intention to carry out development together with the appropriate details;

(b) the deposit covers a ground area exceeding 2 hectares, unless the deposit contains any mineral or other material deposited on the land at a date 5 years or less before the date on which it would be removed; or

(c) the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or corresponding provisions contained in a previous development order.

(3) Development is permitted by this class subject to the following conditions:—

(a) it shall be carried out in accordance with the details given in the notice sent to the planning authority referred to in sub-paragraph (2)(a) above, unless that authority have agreed otherwise in writing;

(b) if the planning authority so require, the developer shall within a period of 3 months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

(c) where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

(d) development shall not be commenced until the relevant period has elapsed.

Interpretation of Part 19 S

For the purposes of Part 19—

“appropriate details” means details of the nature of the development, the exact location of the mineral working deposit from which the material would be removed, the proposed means of vehicular access to the site at which the development is to be carried out, and the earliest date at which any mineral presently contained in the deposit was deposited on the land;

“mineral working deposit” has the meaning assigned to it by section 251(1A) of the Act(37);

“relevant period” means—

(a)

in a case where a direction has not been issued under article 7, the period which ends 21 days after the notification referred to in paragraph 66(2)(a) or on the date on which the planning authority notify the developer in writing that they will not issue such a direction whichever is the earlier, or

(b)

in a case where a direction is issued under article 7 the period which ends 28 days from the date on which notice of that direction is sent to the Secretary of State or on the date on which the planning authority notify the developer in writing that the Secretary of State has disallowed the direction whichever is the earlier;

“stockpile” means a mineral-working deposit consisting primarily of minerals which have been deposited for the purposes of their processing or sale.

PART 20 S DEVELOPMENT BY TELECOMMUNICATIONS CODE SYSTEM OPERATORS

Commencement Information

I28 Sch. 1 Pt. 20 in force at 13.3.1992, see art. 1(4)

[F107 Class 67.— (1) Development by or on behalf of a [F108 electronic communications code operator] for the purpose of the operator’s [F108 electronic communications network] in, on, over or under land controlled by that operator F109 ..., consisting of–

(a) the construction, installation, alteration or replacement of any [F108 electronic communications apparatus];

(b) the use of land in an emergency for a period not exceeding 6 months to station and operate moveable [F108 electronic communications apparatus] required for the replacement of unserviceable [F108 electronic communications apparatus], including the provision of moveable structures on land for the purposes of that use; or

(c) development involving the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the construction and subsequent use of equipment housing.

(2) Development is not permitted by this Class if–

(a) it is to be located in a national scenic area, National Park, Natural Heritage Area, conservation area, historic garden or designed landscape, site of special scientific interest or European Site, or on a Category A listed building or a scheduled monument or within the setting of such building or, as the case may be, monument, unless the development–

(i) is carried out in an emergency;

(ii) would result in there being not more than two small antennas on the dwellinghouse, neither of which faces on to a road; or

(iii) involves the installation of new overhead lines supported by existing poles;

(b) it involves construction or installation of a ground based mast;

(c) it involves the replacement or alteration of an existing ground based mast or the installation of apparatus on the mast which results in an increase in the overall size of the original structure of more than 2 metres in height or 1 metre measured horizontally or a change in location of more than 4 metres from the location of the original mast;

(d) it involves the construction or installation of ground based equipment housing exceeding 3 metres in height or 90 cubic metres in volume;

(e) it involves the replacement or alteration of ground based equipment housing which would result in the equipment housing exceeding–

(i) 3 metres in height or, if greater, the current height of equipment housing which is being altered or replaced; or

(ii) 90 cubic metres in volume or, if greater, the current volume of the equipment housing which is being altered or replaced;

(f) it involves the installation on a building or other structure (other than a ground based mast) of apparatus, other than equipment housing, which would result in such apparatus exceeding 2 metres measured horizontally or (taken together with any equipment housing on which such apparatus is mounted) exceeding 4 metres in height;

(g) it involves the alteration or replacement on a building or other structure (other than a ground based mast) of apparatus, excluding equipment housing which would result in that apparatus (taken together with any equipment housing on which such apparatus is mounted) exceeding–

(i) 4 metres in height or, if greater, the current height of the apparatus which is being altered or replaced; or

(ii) 2 metres measured horizontally or, if greater, the current horizontal measurement of the apparatus which is being altered or replaced;

(h) it consists of development referred to at sub paragraph (1)(a) or (c) above which the operator requires to carry out in connection with development involving the construction or installation of a ground based mast for which planning permission has been granted, and the period within which the development must be begun has not yet expired;

(i) it involves the construction or installation on a building of equipment housing exceeding 3 metres in height or 30 cubic metres in volume;

(j) it involves the replacement or alteration on a building of equipment housing which would result in such equipment housing exceeding–

(i) 3 metres in height or, if greater, the current height of the equipment housing which is being altered or replaced; or

(ii) 30 cubic metres in volume or, if greater, the current volume of the equipment housing which is being altered or replaced;

(k) in the case of the installation, alteration or replacement of any apparatus on a dwellinghouse or within the curtilage of a dwellinghouse, that apparatus–

(i) is not a small antenna; or

(ii) being a small antenna–

(aa) would result in the presence on that dwellinghouse or within the curtilage of the dwellinghouse of more than two such antennas;

(bb) is installed on a dwellinghouse so that the highest part of it would be higher than the highest part of the roof on which it would be installed; or

(cc) is installed within a national scenic area, Natural Heritage Area, site of special scientific interest, European site, National Park, conservation area, historic garden or designed landscape, or within the curtilage of a Category A listed building or a scheduled monument, on any part of a dwellinghouse which faces on to a road,

(l) in the case of the installation, alteration or replacement of any apparatus, comprising a small antenna, on a dwellinghouse which is a category A listed building or within the curtilage of such dwellinghouse, that apparatus is installed on any part of the dwellinghouse or within any part of its curtilege which faces onto a road;

(m) in the case of the installation, alteration or replacement of a small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse if the development would result in the presence of more than eight small antennas on a building;

(n) in the case of the installation or replacement of any apparatus other than–

(i) a public call box;

(ii) any apparatus which does not project above the surface of the ground;

(iii) equipment housing; or

(iv) any kind of antenna;

the ground or base area of the structure would exceed 1.5 square metres;

(o) in the case of the installation of apparatus (other than on a building or other structure) the apparatus would exceed a height of 15 metres above ground level;

(p) in the case of the alteration or replacement of apparatus already installed (other than on a building or other structure), the apparatus would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(q) in the case of the installation alteration or replacement of an antenna on a building or other structure (excluding a ground based mast) over 15 metres in height (and where the development is to be located more than 15 metres above ground level)–

(i) the antenna exceeds 2.8 metres in height and 1.3 metres when measured horizontally; or

(ii) the development would result in there being more than 8 antennas on the building or structure;

(r) in the case of the installation alteration or replacement of an antenna on a building or other structure (excluding a ground based mast) not exceeding 15 metres in height or on taller buildings and structures where the development is to be located fewer than 15 metres above ground level–

(i) the antenna exceeds 0.9 metres when measured in any dimension; or

(ii) the development would result in there being more than 4 antennas (other than small antennas) on the building or structure;

(s) it involves the construction of an access track of more than 50 metres in length.

(3) (a) Development consisting of the construction or installation of one or more antennas or of equipment housing is permitted subject to the condition that the developer shall–

(i) except in a case of emergency give notice in writing to the planning authority no fewer than twenty-eight days before development is begun of the developer’s intention to carry out such development; or

(ii) in a case of emergency give written notice of such development as soon as possible after the emergency begins.

(b) The information notified in accordance with sub-sub-paragraph (a) above shall include a description (with specifications) of the apparatus and a plan showing the location and layout of the proposed development.

(4) Development involving the construction or installation of one or more antennas is not permitted by this class unless the developer has submitted in writing to the planning authority at the same time as carrying out the requisite notification procedure referred to at sub-paragraph (3)(a) or (b) above–

(a) a detailed description of the equipment and its location; and

(b) a declaration that the proposed equipment and installation as detailed in the notification required by Class 67(3) is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection, as expressed in EU Council recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz).

(5) Development under sub-paragraphs (1)(a) and (c) above is permitted subject to the condition that any antenna or supporting apparatus installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(6) Development under this class is permitted subject to the condition that any apparatus or structure comprising such development shall be removed from the land, building or structure on which it is situated–

(a) subject to sub-sub-paragraph (b) below, if it was carried out under sub-paragraph (1)(a) and (c) in an emergency, when the need for the use ceases;

(b) if it was carried out under sub-paragraph (1)(a) and (c) in an emergency, within a national scenic area, National Park, Natural Heritage Area, conservation area, historic garden or designed landscape, site of special scientific interest, European site or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument, six months from the commencement of the use permitted or when the need for that use ceases whichever is the earlier;

(c) if it was carried out under sub-paragraph (1)(b), six months from the commencement of the use permitted or when the need for that use ceases whichever is the earlier; or

(d) in any other case as soon as it is no longer required for telecommunications purposes,

and such land, building or structure shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Textual Amendments

F107 Sch. 1 Pt. 20 substituted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(2) (with art. 3(2))

F108 Words in Sch. 1 Pt. 20 Class 67 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 31(3)(a)-(d)

F109 Words in Sch. 1 Pt. 20 Class 67 revoked (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 2 Table 2

Interpretation of Part 20 S

For the purposes of Part 20–

(a) “the 1984 Act” means the Telecommunications Act 1984;

“ground based mast” means a mast constructed on the ground either directly or on a plinth or other structure constructed for the purpose of supporting the mast;

“land controlled by an operator” means land occupied by the operator in respect of which either under the Lands Clauses Acts he would be enabled to sell the land to the promoters of an undertaking or he holds a lease granted for a term of not fewer than 10 years;

“mast” means a structure erected by or on behalf of a telecommunications code system operator for the support of one or more antennas including any mast, pole, tower or other similar structure;

“public call box” means any kiosk, booth, acoustic hood, shelter or similar structure which is erected or installed for the purpose of housing or supporting a public telephone and at which call box services are provided (or are to be provided) by [F110 an electronic communications code operator];

“small antenna” means an antenna which–

(a)

is for use in connection with a telephone system operating on a point to fixed multi point basis;

(b)

does not exceed 50 centimetres in any linear measurement; and

(c)

does not, in two dimensional profile, have an area exceeding 1,591 square centimetres;

and any calculation for the purposes of (b) and (c) shall exclude any feed element, reinforcing rim mountings and brackets;

F111 ...

F111 ...

F111 ...

F111 ...

F111 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F107 Sch. 1 Pt. 20 substituted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(2) (with art. 3(2))

F110 Words in Sch. 1 Pt. 20 substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 31(4)

F111 Words in Sch. 1 Pt. 20 revoked (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 2 Table 2

PART 21 S OTHER TELECOMMUNICATIONS DEVELOPMENT

Commencement Information

I29 Sch. 1 Pt. 21 in force at 13.3.1992, see art. 1(4)

Class 68.—(1) The installation, alteration or replacement on any building or other structure of [F112 an [F113 microwave antenna] and any structure intended for the support of a F114 ... [F113 microwave antenna].

[F115 (2) Development is not permitted by this class if–

(a) the building is a dwellinghouse or the building or structure is within the curtilage of a dwellinghouse;

(b) the development is permitted by Part 20;

(c) it would result in the presence on the building or structure of–

(i) more than four microwave antennas;

(ii) more than two microwave antennas which face onto, and are visible from, a road;

(iii) a microwave antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(iv) more than two microwave antennas each exceeding 130 centimetres in length and any other antenna exceeding 60 centimetres in length; or

(v) a microwave antenna with a cubic capacity in excess of 35 litres.

(d) in a designated area it would result in–

(i) more than two microwave antennas;

(ii) the installation of a microwave antenna on a chimney, wall or roof slope which faces onto, and is visible from, a road;

(iii) more than one microwave antenna exceeding 60 centimetres in length;

(iv) any microwave antenna which exceeds 60 centimetres in length exceeding 100 centimetres in length; or

(v) for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure being higher than the highest part of the roof.

(e) for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure would be more than three metres higher than the highest part of the building or structure on which it is installed or is to be installed;

(f) for a building or structure under 15 metres in height, with a chimney, the highest part of the microwave antenna or its supporting structure would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

(g) for a building or structure under 15 metres in height, without a chimney, the highest part of the microwave antenna or its supporting structure would be higher than the highest part of the roof; or

(h) it involves construction or installation of a ground based mast.]

(3) Development is permitted by this class subject to the following conditions—

(a) the antenna shall, so far is practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;

[F116 (b) a microwave antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable;

(c) the length of a microwave antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.]

[F117 (4) For the purposes of this class–

“designated area” means a national scenic area, National Park, conservation area, historic garden or designed landscape or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument.]]

Textual Amendments

F112 Words in Sch. 1 Pt. 21 Class 68 substituted (23.7.2001) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(3)(a)

F113 Words in Sch. 1 Pt. 21 Class 68(1) substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(4)(a)

F114 Word in Sch. 1 Pt. 21 Class 68 omitted (23.7.2001) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2001 (S.S.I. 2001/266), arts. 1(2), 2(3)(a)

F115 Sch. 1 Pt. 21 Class 68(2) substituted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(4)(b)

F116 Sch. 1 Pt. 21 Class 68(3)(b)(c) substituted for Sch. 1 Pt. 21 Class 68(3)(b) (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(4)(c)

F117 Sch. 1 Pt. 21 Class 68(4) inserted (1.4.2007) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007 (S.S.I. 2007/209), arts. 1, 2(4)(d)

PART 22 S DEVELOPMENT AT AMUSEMENT PARKS

Commencement Information

I30 Sch. 1 Pt. 22 in force at 13.3.1992, see art. 1(4)

Class 69.—(1) Development on land used as an amusement park consisting of—

(a) the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or

(b) the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.

(2) Development is not permitted by this class if—

(a) in the case of any plant or machinery installed, extended, altered or replaced under this permission, that plant or machinery—

(i) would, if the land or pier is within 3 kilometres of the perimeter of an aerodrome, exceed a height of 25 metres or the height of the highest existing structure, whichever is the lesser; or

(ii) would in any other case exceed a height of 25 metres;

(b) in the case of an extension to an existing building or structure, that building or structure would as a result exceed 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater;

(c) in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level; or

(d) it would be situated within 25 metres of the curtilage of a dwelling.

Interpretation of Part 22 S

For the purposes of Part 22—

“amusement park” means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used shall be regarded as an amusement park; and

“booths or stalls” includes buildings or structures similar to booths or stalls.

[F118 PART 23 S DEMOLITION OF BUILDINGS

Textual Amendments

F118 Sch. 1 Pt. 23 inserted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 9

Class 70.— (1) A building operation consisting of the demolition of a building.

(2) Development is not permitted by this class if—

(a) a building has been rendered unsafe or uninhabitable by the action or inaction of any person having an interest in the land on which the building stands; and

(b) it is practicable to secure safety or health by works of repair or works for affording temporary support.

(3) Development is permitted by this class subject to the following conditions:—

(a) where demolition of the building is urgently necessary in the interests of safety or health the developer shall, as soon as reasonably practicable, give the planning authority a written justification for the demolition;

(b) where the demolition does not fall within condition (a) and is not excluded demolition—

(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 method of the proposed development and any proposed restoration of the site;

(ii) the application shall be accompanied by a written description of the proposed development, a certificate stating that neighbour notification procedure has been carried out in accordance with sub-paragraph (iii) below and any fee required to be paid;

(iii) the applicant shall comply with the neighbour notification procedure set out in article 9 of the Procedure Order, with any necessary modifications, and the certificate referred to in sub-paragraph (ii) above shall be in the appropriate form set out in Schedule 2 to the Procedure Order with any necessary modifications;

(iv) the development shall not be begun before the occurrence 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 give 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;

(v) 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;

(vi) 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 other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (b)(ii).

Interpretation of Part 23 S

For the purposes of Part 23—

• “building” does not include part of a building;

• “excluded demolition” means demolition—

  (a)

  on land which is the subject of a planning permission for the redevelopment of the land—

  (i)

  granted under Part III of the Act (except under article 3 of, and this Schedule to, this Order), or

  (ii)

  deemed to be granted under that Part of that Act,

  where the demolition is necessary in order to implement that planning permission, or

  (b)

  required or permitted to be carried out by or under any enactment, or

  (c)

  required to be carried out by any provision of an agreement made under section 50 of the Act.]

[F119 PART 24 S TOLL ROAD FACILITIES

Textual Amendments

F119 Sch. 1 Pt. 24 inserted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 10

Class 71.— (1) Development consisting of—

(a) the setting up and the maintenance, improvement or other alteration of facilities for the collection of tolls;

(b) the creation of a hard surface to be used for the parking of vehicles in connection with the use of such facilities.

(2) Development is not permitted by this class if—

(a) it is not located within 100 metres (measured along the ground) of the boundary of a toll road;

(b) the height of any building or structure would exceed—

(i) 7.5 metres excluding any rooftop structure; or

(ii) 10 metres including any rooftop structure;

(c) the aggregate floor area at or above ground level of any building or group of buildings within a toll collection area, excluding the floor area of any toll collection booth, would exceed 1500 square metres.

(3) Development is permitted by this class subject to the following conditions:—

(a) 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 facilities for the collection of tolls;

(b) the application shall be accompanied by a written description of the proposed development and the materials to be used together with plans and elevations, and any fee required to be paid;

(c) the development shall not be begun before the occurrence of one of the following:—

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

(ii) where the planning authority give 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;

(iii) 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;

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

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

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

(e) the development shall be carried out—

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

(ii) in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (3)(b).

Interpretation of Part 24 S

For the purposes of Part 24—

“facilities for the collection of tolls” means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;

“ground level” means the level of the surface of the ground immediately adjacent to the building or group of buildings in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;

“rooftop structure” means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is—

(a)

so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;

(b)

lift machinery; or

(c)

reasonably required for safety purposes;

“toll” means a toll which may be charged pursuant to a toll order;

“toll collection area” means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;

“toll collection booth” means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;

“toll road” means a road which is the subject of a toll order; and

“toll order” has the same meaning as in Part II of the New Roads and Street Works Act 1991.]

[F120 PART 25 S CLOSED CIRCUIT TELEVISION CAMERAS

Textual Amendments

F120 Sch. 1 Pt. 25 inserted (10.6.1996) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1996 (S.I. 1996/1266), arts. 1(1), 2

Class 72.— (1) The installation, alteration or replacement on any building or other structure of a closed circuit television camera for security purposes. S

(2) Development is not permitted by this class if—

(a) the development is in a conservation area or a national scenic area;

(b) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(c) any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level;

(d) any part of the camera would, when installed, altered or replaced, protrude from the surface of the building or structure by more than one metre when measured from the surface of the building or structure;

(e) any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building or structure at a point which is more than one metre from any other point of contact;

(f) any part of the camera would be less than 10 metres from any part of another camera installed on a building or structure;

(g) the development would result in the presence of more than four cameras on the same side of the building or structure; or

(h) the development would result in the presence of more than 16 cameras on the building or structure.

(3) Development is permitted by this class subject to the following conditions:—

(a) the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is situated;

(b) the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes;

(c) the field of vision of the camera shall, so far as practicable, not extend beyond the boundaries of the land upon which the building or structure is erected or of any area which adjoins that land and to which the public have access.

(4) For the purposes of this class—

“camera”, except in paragraph (2)(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets.]

[F121 Part 25A S TEMPORARY PROTECTION OF POULTRY AND OTHER CAPTIVE BIRDS

Textual Amendments

F121 Sch. 1 Pt. 25A inserted (26.3.2007) by The Town and Country Planning (General Permitted Development) (Avian Influenza) (Scotland) Amendment Order 2007 (S.S.I. 2007/135), arts. 1, 2(2)

Housing of poultry and captive birds S

Class 72A.— (1) The erection, etension or alteration of a building where that is necessary for the purpose of housing poultry or other captive birds to protect them from avian influenza.

(2) Development is not permitted by this class–

(a) if the development would affect a listed building or its setting;

(b) if the height of the building erected or the building as extended or altered would exceed 12 metres;

(c) where the development is within three kilometres of an aerodrome, the height of the building erected or the building as extended or altered would exceed three metres;

(d) if the area of ground which would be covered by the building erected or the building as extended or altered would exceed 465 square metres;

(e) where development is carried out on the same unit more than once by virtue of this class, the aggregate of the area of the ground covered by any such development would exceed 465 square metres; or

(f) where the development consists of the extension of a building, the area of ground which would be covered by the building as extended would exceed the area of ground covered by the existing building by more than 50 per cent.

(3) Development is permitted by this class subject to the following conditions–

(a) the development shall not be used for any purpose other than to house poultry or other captive birds to protect them from avian influenza;

(b) the developer shall within a period of 14 days after commencing development serve the relevant notice on the planning authority; and

(c) [F122 on or as soon as practicable after the relevant date]–

(i) any development permitted by this class shall be removed; and

(ii) the land shall be restored to its condition before the development took place, or to such other condition as may be agreed in writing between the planning authority and the developer.

(4) For the purposes of this class–

“approved body” means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC;

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept as a pet; for shows, races, exhibitions or competitions; for breeding; for sale; or for use by an approved body;

“poultry” means birds reared or kept in captivity for the production of meat or eggs for consumption, for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“relevant date” means the earlier of–

(a)

26th March [F123 2009]; or

(b)

the date on which the use of the buildings permitted by this class ceases to be necessary for the purposes of protecting poultry or other captive birds from avian influenza,

“relevant notice” means a notice signed and dated by or on behalf of the developer and containing–

(a)

the name of the developer;

(b)

the address or location of the development (including a site plan and grid reference);

(c)

the name and address of the owner and occupier of the land on which the development is being carried out;

(d)

a description of the development (including a description of the type of poultry or other captive birds to be protected); and

(e)

the date on which development commenced; and

“unit” means land which is occupied as a unit for the same purpose or related purposes.]

Textual Amendments

F122 Words in Sch. 1 Pt. 25A Class 72A(3)(c) substituted (26.3.2008) by The Town and Country Planning (General Permitted Development) (Avian Influenza) (Scotland) Amendment Order 2008 (S.S.I. 2008/74), arts. 1, 2(2)(a)

F123 Word in Sch. 1 Pt. 25A Class 72A(4) substituted (26.3.2008) by The Town and Country Planning (General Permitted Development) (Avian Influenza) (Scotland) Amendment Order 2008 (S.S.I. 2008/74), arts. 1, 2(2)(b)

Schedule 1, paragraph 33(c)(i)

SCHEDULE 2 S BAD NEIGHBOUR DEVELOPMENT

Commencement Information

I31 Sch. 2 in force at 13.3.1992, see art. 1(4)

The following are the classes of development specified for the purposes of paragraph 33(c)(i):—

(1) the construction of buildings for use as a public convenience;

(2) the construction of buildings or other operations, or use of land—

(a) for the disposal of refuse or waste materials, or for the storage or recovery of reuseable metal;

(b) for the retention, treatment or disposal of sewage, trade-waste, or effluent other than—

(i) the construction of pumphouses in a line of sewers;

(ii) the construction of septic tanks and cesspools serving single dwellinghouses, or single caravans, or single buildings in which not more than 10 people will normally reside, work or congregate;

(iii) the laying of sewers; or

(iv) works ancillary to those described in sub-paragraphs (i) to (iii);

(c) as a scrap yard or coal yard; or

(d) for the winning or working of minerals;

(3) the construction of buildings or use of land for the purposes of a slaughterhouse or knacker’s yard or for the killing or plucking of poultry;

[F124 (4)  the construction or use of buildings for any of the following purposes:—

• bingo hall

• building for indoor games

• casino

• cinema

• dancehall

• funfair

• gymnasium (not forming part of a school, college or university)

• hot food shop

• licensed premises

• music hall

• skating rink

• swimming pool

• theatre, or

• Turkish or other vapour or foam bath;]

(5) the construction of buildings for or the use of buildings or land as—

(a) a crematorium, or the use of land as a cemetery;

(b) a zoo, or wildlife park, or for the business of boarding or breeding cats or dogs;

(6) the construction of buildings and use of buildings or land for motor car or motor cycle racing;

(7) the construction of a building to a height exceeding 20 metres;

(8) the construction of buildings, operations, and use of buildings or land which will—

(a) affect residential property by reason of fumes, noise, vibration, smoke, artificial lighting, or discharge of any solid or liquid substance;

(b) alter the character of an area of established amenity;

(c) bring crowds into a generally quiet area;

(d) cause activity and noise between the hours of 8pm and 8am; and

(e) introduce significant change into a homogeneous area.

Textual Amendments

F124 Words in Sch. 2 substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 11

Article 4(8)

SCHEDULE 3 S

Commencement Information

I32 Sch. 3 in force at 13.3.1992, see art. 1(4)

Form of Direction by Planning Authority under Article 4(8) S

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

Article 8

SCHEDULE 4 S REVOCATIONS

Commencement Information

I33 Sch. 4 in force at 13.3.1992, see art. 1(4)

(1)	(2)	(3)
Title of instrument	Reference	Extent of Repeal
The Town and Country Planning (General Development) (Scotland) Order 1981	S.I. 1981/830	Articles 3, 4 and 4A and Schedule 1
The Town and Country Planning (General Development) (Scotland) Amendment Order 1983	S.I. 1983/1620	The whole Order
The Town and Country Planning (General Development) (Scotland) Amendment Order 1984	S.I. 1984/237	Article 2(g)
The Town and Country Planning (General Development) (Scotland) Amendment Order 1985	S.I. 1985/1014	The whole Order
The Town and Country Planning (General Development) (Scotland) Amendment (No. 2) Order 1985	S.I. 1985/2007	The whole Order other than paragraph (5) of article 2
The Town and Country Planning (General Development) (Scotland) Amendment Order 1988	S.I. 1988/977	The whole Order
The Town and Country Planning (General Development) (Scotland) Amendment Order 1989	S.I. 1989/148	The whole Order
The Town and Country Planning (General Development) (Scotland) Amendment Order 1990	S.I. 1990/508	The whole Order except article 2(b)
The Town and Country Planning (General Development) (Scotland) Amendment Order 1991	S.I. 1991/147	The whole Order

Explanatory Note

(This note is not part of the Order)

This Order consolidates with amendments the permitted development provisions of the Town and Country Planning (General Amendment) (Scotland) Order 1981 and subsequent amending instruments. A separate order, the Town and Country Planning (General Develop ment Procedure) (Scotland) Order 1992 (S.I. 1992/), consolidates the remaining provisions which deal with procedures connected with planning applications and other related matters.

The main purpose of this Order is to permit certain classes of development without express planning permission being granted under the Town and Country Planning (Scotland) Act 1972. Schedule 1 to the Order sets out these classes of development in detail, subject to articles 3 to 7.

The main changes of substance made by the Order are—

(a) the provisions permitting development within the curtilage of a dwellinghouse (Schedule 1, Part 1) have been simplified while including stricter controls over development in conservation areas and within the curtilage of listed buildings;

(b) the provisions permitting agricultural buildings and operations (Schedule 1, Part 6) have been revised to—

(i) apply only to buildings below 465 square metres in area or 12 metres in height;

(ii) introduce a “cordon sanitaire” around intensive livestock buildings;

(iii) require developers to give planning authorities prior notification of their proposals;

(c) the provisions permitting development by statutory undertakers supplying gas and electricity (Schedule 1, Part 16) have been revised and include a new requirement for the prior approval of the planning authority in respect of the design and external appearance of buildings protecting plant or machinery;

(d) the provisions permitting minerals development (Schedule 1, Parts 15—19) have been revised to—

(i) exclude exploration for oil and gas;

(ii) divide permitted development for ancillary mining operations into 3 classes instead of one:

(aa) Class 55: development without prior approval of the planning authority;

(bb) Class 56: development with prior approval of the planning authority; and

(cc) Class 57: development, with prior approval of the planning authority, required for maintenance or safety;

(iii) preclude remote tipping of waste except in certain limited circumstances;

(e) the provisions permitting development by telecommunications code systems operators (Schedule 1, Parts 20 and 21) have been extended to —

(i) increase from 2 to 10 the number of microwave antennas which may be installed on a mast or tower;

(ii) allow up to 2 microwave antennas on any building;

(iii) permit small buildings for housing apparatus in connection with the permitted development;

(iv) permit temporary buildings on land which is subject to planning permission to be used in connection with the development authorised by the grant of planning permission; and

(f) permitted development relating to satellite antennas (Schedule 1, Parts 1 and 21) has been extended to allow 2 antennas on all buildings, apart from dwellinghouses, irrespective of the size of the building.

(1)

1972 c. 52; section 21(2) was amended by the Local Government (Scotland) Act 1973 (c. 65), section 172(2); section 21(3) was substituted by the Housing and Planning Act 1986 c. 63 Schedule 11 paragraph 30.

(2)

1984 c. 12.

(3)

1981 c. 36.

(4)

1960 c. 62; the relevant amendment is section 13 of the Caravan Sites Act 1968 (c. 52).

(5)

S.I. 1985/1643.

(6)

1984 c. 54.

(7)

Section 262 was substituted by the Town and Country Amenities Act 1974 (c. 32), section 2(1).

(8)

1947 c. 53.

(9)

1973 c. 65.

(10)

S.I. 1982/1357.

(11)

1984 c. 54.

(12)

1979 c. 46; section 1 was amended by the Natural Heritage Act 1983 (c. 47), Schedule 4, paragraph 25.

(13)

1981 c. 69.

(14)

1986 c. 44.

(15)

1989 c. 29.

(16)

1984 c. 54.

(17)

Section 52(7) of the Act was amended by the Housing and Planning Act 1986 (c. 63), Schedule 9, paragraph 13(1).

(18)

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.

(19)

S.I. 1950/942, 1958/1653, 1959/1361, 1960/1722, 1963/1767, 1964/1791, 1970/600.

(20)

S.I. 1975/679.

(21)

S.I. 1981/830; amended by S.I. 1983/1620, 1984/237, 1985/1014 and 2007, 1986/1356, 1988/977, 1988/1249, 1989/148, 1990/508, and 1991/147.

(22)

1984 c. 54.

(23)

1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56) (“the 1981 Act”), Schedule 6, paragraphs 2, 3 and 4 and Schedule 12; section 16 was amended by the 1981 Act, Schedule 6, paragraphs 3 and 4.

(24)

1972 c. 52; section 12(1) was amended by Local Government and Planning (Scotland) Act 1982 (c. 43) (“the 1982 Act”), section 39 and Schedule 4 Part I and by the Housing and Planning Act 1986 (c. 63) (“the 1986 Act”), Schedule 11, paragraph 28(2); section 12(2) was substituted by Town and Country Planning (Scotland) Act 1977 (c. 10), section 2(3) and amended by the 1982 Act, Schedule 4, Part I; section 12 (2A) and (2B) were inserted by the 1986 Act, Schedule 11, paragraph 28(1); section 12(3) was amended by the Local Government (Scotland) Act 1973 (c. 65) (“the 1973 Act”), section 172(2); section 12(4) was substituted by the 1973 Act, section 175(2).

(25)

1987 c. 26.

(26)

1968 c. 73.

(27)

1965 c. 36.

(28)

1965 c. 36.

(29)

1962 c. 58.

(30)

1989 c. 29.

(31)

1989 c. 29.

(32)

1984 c. 12.

(33)

1981 c. 14.

(34)

1988 c. 52.

(35)

1894 c. 60.

(36)

1986 c. 31.

(37)

Section 251(1A) was inserted by the Town and Country Planning (Minerals) Act 1981 (c. 36), sections 19(2) and 35.