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

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(1);

“the 1960 Act” means the Caravan Sites and Control of Development Act 1960(2);

“aerodrome” means an aerodrome as defined in article 96 of the Air Navigation Order 1985(3) 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 specified as being category A in a list of buildings compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (listing of buildings of special architectural or historic interest);]

“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(4);

“conservation area” means an area of special architectural or historic interest designated as a conservation area under section 262 of the Act(5);

“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(6);

[F3 “croft land” has the meaning given in section 12(3) of the Crofters (Scotland) Act 1993,]

“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;

[F4 “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;]

[F5 “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 [F6 or Article 4(1) or (2) of Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds];]

F1 ...

“existing”, in relation to any building or any plant or machinery [F7 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;

[F8 “historic battlefield” means a battlefield which is included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979;]

[F9 “historic garden or designed landscape” means a garden or landscape which is included in the inventory of gardens and designed landscapes compiled and maintained under section 32A of the Ancient Monuments and Archaeological Areas Act 1979;]

F10 ...

F10 ...

“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;

[F11 “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;

F12 ...

“local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973(7);

[F13 “MCS Planning Standards” means the product and installation standards specified in the Microgeneration Certification Scheme MCS 020, Issue 1.3,]

[F14 “microwave” means that part of the radio spectrum above 1,000MHz;]

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

[F15 “military explosives storage area” means any area, including an aerodrome, depot, mooring or port, at which the storage of military explosives may be undertaken and for which the associated explosives safeguarding zone is identified on a safeguarding map, issued by the Secretary of State and provided to a planning authority for the purposes of the Town and Country Planning (Safeguarded Aerodromes, Technical Sites, Meteorological Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2016,]

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

[F16 “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;

[F17 “National Park”, means an area designated as a National Park under section 6(1) of the National Parks (Scotland) Act 2000;]

[F18 “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;]

[F19 “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(8);

“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;

[F20 “Regulation 2020/1070 small cell system” means a small cell system—

(a)

to which Commission Implementing Regulation (EU) 2020/1070 on specifying the characteristics of small-area wireless access point pursuant to Article 57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (recast) (“Commission Regulation 2020/1070”) applies,

(b)

which complies with the requirements of the European Standard laid down at point B of the Annex to Commission Regulation 2020/1070, and

(c)

is either—

(i)

fully and safely integrated into its supporting structure and therefore invisible to the general public, or

(ii)

meets the conditions set out in Point A of the Annex to Commission Regulation 2020/1070,]

F21 ...

“road” has the meaning assigned to it by section 151 of the Roads (Scotland) Act 1984(9);

[F22 “safety hazard area” means an area notified to a planning authority—

(a)

by the Health and Safety Executive for the purposes of paragraph 3 of schedule 5 of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013,

(b)

by the Office for Nuclear Regulation for the purposes of paragraph 3A of schedule 5 of those Regulations,]

“satellite antenna” means apparatus designed for transmitting F23 ... radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

[F24 “scheduled monument”, has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;]

[F25 “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 F26 ... under section 1 of the Ancient Monuments and Archeological Areas Act 1979(10) 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(11);

“statutory undertaker” includes, in addition to any person mentioned in section 275(1) of the Act, [F27 a universal service provider (within the meaning of [F28 Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F29 that Part])], the Civil Aviation Authority, [F30 public gas transporters] within the meaning of section 7 of the Gas Act 1986(12) and [F31 the holder of a licence under section 6] of the Electricity Act 1989(13);

[F32 “terrestrial antenna” means apparatus designed for transmitting or receiving terrestrial radio energy between two fixed points;]

F12 ...

“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(14);

[F33 “Use Classes Order” means the Town and Country Planning (Use Classes) (Scotland) Order 1997];

[F34 “World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.]

(2) (a) [F35 Except where a contrary intention appears, 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.

F36 (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.

[F37 (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 substituted (1.10.2015) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2015 (S.S.I. 2015/235), art. 3(2), reg. 1(1) (with reg. 2)

F3 Words in art. 2(1) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 4(a) (with art. 2)

F4 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

F5 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)

F6 Words in art. 2(1) inserted (31.7.2017) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2017 (S.S.I. 2017/189), arts. 1, 4 (with art. 2)

F7 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)

F8 Words in art. 2(1) inserted (30.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), arts. 1(1), 2(2)

F9 Words in art. 2(1) substituted (1.12.2011) by The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order 2011 (S.S.I. 2011/377), arts. 1(1), 7(2)

F10 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)

F11 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)

F12 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)

F13 Words in art. 2(1) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 3(1)(a)(i) (with art. 2)

F14 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)

F15 Words in art. 2(1) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 4(b) (with art. 2)

F16 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

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)(iv)

F18 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

F19 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)

F20 Words in art. 2(1) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 4(c) (with art. 2)

F21 Words in art. 2(1) omitted (21.11.2011) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(2), 2(2)(a)

F22 Words in art. 2(1) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 4(d) (with art. 2)

F23 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)

F24 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)

F25 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

F26 Words in art. 2(1) omitted (1.4.2021) by virtue of The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 4(e) (with art. 2)

F27 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)

F28 Words in art. 2(1) substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 26(2)(a)

F29 Words in art. 2(1) substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 26(2)(b)

F30 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.

F31 Words in art. 2(1) substituted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 3(1)(a)(ii) (with art. 2)

F32 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)

F33 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

F34 Words in art. 2(1) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 3(1)(a)(iii) (with art. 2)

F35 Words in art. 2(2) substituted (6.2.2012) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(3), 2(2)(b)

F36 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)

F37 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 [F38 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 F39 ... 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

F40 (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.

[F41 (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.

[F42 (c) in the case of a permission granted in connection with an existing fish farm, the placement or assembly of equipment forming that fish farm is unlawful.]]

[F43 (4B) Paragraph (4A)(c) does not apply where—

(a) the equipment in question is equipment of the same size, colour and design and is in the same location as the equipment which it replaces; and

(b) the only reason that the placement or assembly of equipment forming the existing fish farm is unlawful is that there was a failure to comply with the terms of a condition imposed by virtue of a provision mentioned in paragraph (4C).

(4C) The provisions referred to in paragraph (4B)(b) are—

(a) paragraph (4)(b) of Class 21A;

(b) paragraph (2)(a) of Class 21B;

(c) paragraph (2)(b) of Class 21C;

(d) paragraph (3)(c) of Class 21D;

(e) paragraph (3)(a) of Class 21E;

(f) paragraph (2)(a) of Class 21G;

(g) paragraph (2)(a) of Class 21H;

(h) paragraph (2)(a) of Class 21I; and

(i) paragraph (3)(a) of Class 21J.

(4D) In paragraphs (4A) and (4B) “existing fish farm”, “equipment” and “fish farm” have the same meaning as for the purposes of Part 6A of Schedule 1.]

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

(a) any development other than development permitted by [F44 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;

[F45 (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 [F46 public gas transporter] in accordance with Class 39 of Schedule 1] [F47 ; 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.]

F48 (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.

F49 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50 [F51 (8) Subject to paragraph (10), Schedule 1 development or Schedule 2 development within the meaning of [F52 the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017] (“the EIA Regulations”) is not permitted by this Order unless–

(a) the planning authority have adopted a screening opinion under [F53 regulation 8] of those Regulations that the development is not EIA development [F54 within the meaning of those Regulations];

(b) the Scottish Ministers have made a screening direction under [F55 regulation 7(4) or 10] of those Regulations that the development is not EIA development [F56 within the meaning of those Regulations]; or

(c) the Scottish Ministers have given a direction under [F57 regulation 6(4) or (6)] of those Regulations that the development is exempted from the application of these Regulations.

[F58 (8A) Where it appears to the planning authority that—

(a) an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 1 development within the meaning of the EIA Regulations; and

(b) the development—

(i) has not been the subject of a screening opinion under [F59 regulation 8] of those Regulations or a screening direction under [F60 regulation 7(4) or 10] of those Regulations; or

(ii) has been the subject of such a screening opinion or direction to the effect that it is not EIA development within the meaning of those Regulations,

the planning authority must adopt a screening opinion under [F59 regulation 8] of those Regulations in respect of the development to which the application relates.

(8B) Where it appears to the planning authority that—

(a) an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 2 development within the meaning of the EIA Regulations; and

(b) the development may have significant effects on the environment that have not previously been identified (whether in an earlier screening opinion under [F61 regulation 8] of those Regulations or a screening direction under [F62 regulation 7(4) or 10] of those Regulations, or because the development has not been the subject of such a screening opinion or direction),

the planning authority must adopt a screening opinion under [F61 regulation 8] of those Regulations in respect of the development to which the application relates.

(8C) A screening opinion adopted under [F63 regulation 8] of the EIA Regulations in pursuance of paragraph (8A) or (8B) supersedes the terms of an earlier screening opinion or direction in relation to the development.]

(9) Where–

(a) the planning authority have adopted a screening opinion pursuant to [F64 regulation 8] 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 [F65 regulation 7(4) or 10] of those Regulations nor directed under [F66 regulation 6(4) or (6)] of those Regulations that the development is exempted from the application of those Regulations; or

(b) the Scottish Ministers have directed [F67 under [F68 regulation 7(4), 10 or 50] of the EIA Regulations] 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) [F69 Paragraphs (8), (8A) and (8B) do] not apply to–

F70 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) development which consists of the carrying out of drainage works to which [F71 the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017] applies;

F72 (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 F73 ... of Schedule 1;

(e) development for which permission is granted by Class 54 of Part 15, Class 59 or 60 of Part 17 F74 ... 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;

F75 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as that on which development of any description permitted by the same Class has been carried out before [F76 1st August 1999];

(f) the completion of any development begun before [F76 1st August 1999].]

Textual Amendments

F38 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)

F39 Words in art. 3(1) omitted (31.3.2023) by virtue of The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023 (S.S.I. 2023/35), arts. 1, 3(2) (with art. 2)

F40 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)

F41 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)

F42 Art. 3(4A)(c) inserted (1.7.2018) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 4(a) (with art. 2)

F43 Art. 3(4B)-(4D) inserted (1.7.2018) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 4(b) (with art. 2)

F44 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)

F45 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)

F46 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.

F47 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)

F48 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)

F49 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)

F50 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)

F51 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)

F52 Words in art. 3(8) substituted (16.5.2017) by virtue of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(2) (with regs. 2(10), 38, 39, 40, 60(7))

F53 Words in art. 3(8)(a) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F54 Words in art. 3(8)(a) inserted (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (revoked) 2011 (S.S.I. 2011/139), regs. 1, 47(2)(b)

F55 Words in art. 3(8)(b) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(4) (with regs. 2(10), 38, 39, 40, 60(7))

F56 Words in art. 3(8)(b) inserted (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (revoked) 2011 (S.S.I. 2011/139), regs. 1, 47(2)(b)

F57 Words in art. 3(8)(c) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(5) (with regs. 2(10), 38, 39, 40, 60(7))

F58 Art. 3(8A)-(8C) inserted (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (revoked) 2011 (S.S.I. 2011/139), regs. 1, 47(4)

F59 Words in art. 3(8A) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F60 Words in art. 3(8A)(b)(i) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(4) (with regs. 2(10), 38, 39, 40, 60(7))

F61 Words in art. 3(8B) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F62 Words in art. 3(8B)(b) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(4) (with regs. 2(10), 38, 39, 40, 60(7))

F63 Words in art. 3(8C) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F64 Words in art. 3(9)(a) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F65 Words in art. 3(9)(a) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(4) (with regs. 2(10), 38, 39, 40, 60(7))

F66 Words in art. 3(9)(a) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(5) (with regs. 2(10), 38, 39, 40, 60(7))

F67 Words in art. 3(9)(b) inserted (30.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), arts. 1(1), 2(3)

F68 Words in art. 3(9)(b) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(6) (with regs. 2(10), 38, 39, 40, 60(7))

F69 Words in art. 3(10) substituted (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (revoked) 2011 (S.S.I. 2011/139), regs. 1, 47(5)

F70 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

F71 Words in art. 3(10)(b) substituted (16.5.2017) by The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/114), regs. 1, 52 (with regs. 3, 28, 40, 49(4), 50(3), 51(3))

F72 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

F73 Words in art. 3(10)(d) omitted (1.5.2012) by virtue of The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(2), 3(1)(a) (with regs. 4, 5)

F74 Words in art. 3(10)(e) omitted (1.5.2012) by virtue of The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(2), 3(1)(b) (with regs. 4, 5)

F75 Art. 3(10)(e)(iii) omitted (1.5.2012) by virtue of The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(2), 3(1)(b) (with regs. 4, 5)

F76 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)

Modifications etc. (not altering text)

C1 Art. 3 modified (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 73(2)(3) (with s. 75)

C2 Art. 3 modified (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 74(2)(3) (with ss. 76, 84)

C3 Art. 3 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 38(2)(3) (with s. 50)

C4 Art. 3 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 43(2)(3) (with ss. 52, 60)

C5 Art. 3 modifed (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 43(2)(3) (with s. 59)

C6 Art. 3 modified (10.10.2013) by The Rosyth International Container Terminal (Harbour Revision) Order 2013 (S.S.I. 2013/288), art. 1(1), sch. 2 para. 1(1)(2) (with arts. 14, 15, 16)

C7 Art. 3 modified (19.8.2014) by The Port of Ardersier Harbour Revision Order 2014 (S.S.I. 2014/224), art. 1(1), sch. para. 1(1) (with arts. 31, 32, 34)

C8 Art. 3 modified (19.8.2014) by The Port of Ardersier Harbour Revision Order 2014 (S.S.I. 2014/224), art. 1(1), sch. para. 1(2) (with arts. 31, 32, 34)

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 [F77 (including any Act of the Scottish Parliament)] passed after 1st July 1948 or by any Order requiring the approval of both Houses of Parliament [F78 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 [F79 , but this is subject to paragraph (6A)]; 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.

[F80 (6A) No direction given or having effect under this article shall have effect in relation to the carrying out of development consisting of the installation, alteration or replacement of a Regulation 2020/1070 small cell system.]

(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

F77 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)

F78 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)

F79 Words in art. 4(6)(a) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 5(a) (with art. 2)

F80 Art. 4(6A) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 5(c) (with art. 2)

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.

F81 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Art. 7(7) omitted (1.10.2015) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2015 (S.S.I. 2015/235), art. 3(3), reg. 1(1) (with reg. 2)

Commencement Information

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

N[F82 otification of an application for a determination under class 67 S

7ZA.— (1) A planning authority must give written notice in accordance with this article that an application has been submitted under sub-paragraph (23)(b) of class 67 (development by electronic communications code operators) of schedule 1.

(2) Notice under paragraph (1) is to be given where there are premises situated on neighbouring land to which the notice can be sent to the owner, lessee or occupier of such premises, by sending a notice addressed to “the Owner, Lessee or Occupier” to such premises.

(3) The notice under paragraph (1) must—

(a) state the date on which the notice is sent;

(b) state the name of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent;

(c) include any reference number given to the application by the planning authority;

(d) include a description of the development to which the application relates;

(e) include the postal address of the land to which the application relates, or if the land has no postal address, a description of the location of the land;

(f) state how the application and other documents submitted in connection with it may be inspected;

(g) state that representations may be made to the planning authority with regard to the siting and appearance of the development and include information as to how representations may be made and the period within which they may be made (which must be not less than 14 days beginning with the day after the day on which the notice is sent); and

(h) be accompanied by a plan showing the situation of the land to which the application relates in relation to neighbouring land.

(4) In this article “neighbouring land” has the same meaning as in article 7A(4).

Textual Amendments

F82 Arts. 7ZA-7ZE inserted (31.7.2017) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2017 (S.S.I. 2017/189), arts. 1, 5 (with art. 2)

7ZB.   When a planning authority is in receipt of an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 in respect of development which would be located within Cairngorms National Park they must give written notice of the application to Cairngorms National Park Authority within a period of 5 days beginning with the date on which the planning authority is in receipt of an application which conforms to all of the requirements of sub-paragraph (23)(c).

Textual Amendments

F82 Arts. 7ZA-7ZE inserted (31.7.2017) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2017 (S.S.I. 2017/189), arts. 1, 5 (with art. 2)

7ZC.   When a planning authority is in receipt of an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 which conforms to all of the requirements of sub-paragraph (23)(c) they must until such time as they have determined the application—

(a) publish the information described in article 7ZA(3)(b) to (g) by means of the internet on their website; and

(b) make the application available for inspection at an office of the planning authority.

Textual Amendments

F82 Arts. 7ZA-7ZE inserted (31.7.2017) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2017 (S.S.I. 2017/189), arts. 1, 5 (with art. 2)

7ZD.   Before determining an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 a planning authority must—

(a) by notice in writing consult—

(i) Scottish Natural Heritage—

(aa) where the development to which the application relates may affect a site of special scientific interest;

(bb) where the development would be located in a national scenic area and would exceed 12 metres in height;

(ii) Historic Environment Scotland in the circumstances specified in paragraph 17 of schedule 5 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013;

(iii) where the development would be located within 3 kilometres of the perimeter of an aerodrome, the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate;

(b) notify any authority, person or body required to be consulted under paragraph (a) of the period within which representations may be made (which must be a period of not less than 14 days beginning with the day after the day on which the notice is sent); and

(c) allow the period notified under paragraph (b) to elapse.

Textual Amendments

F82 Arts. 7ZA-7ZE inserted (31.7.2017) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2017 (S.S.I. 2017/189), arts. 1, 5 (with art. 2)

7ZE.   When determining an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 a planning authority must take into account any representations they receive before the expiry of the period notified under article 7ZD(b).]

Textual Amendments

F82 Arts. 7ZA-7ZE inserted (31.7.2017) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2017 (S.S.I. 2017/189), arts. 1, 5 (with art. 2)

[F83 Notification of an application for a determination under class 70 S

7A.— (1) A planning authority must give notice in accordance with this article that an application for a determination made under sub-paragraph (3)(b)(i) of class 70 (a building operation consisting of the demolition of a building) of Schedule 1 has been made.

(2) Notice under paragraph (1) is to be given where there are premises situated on the neighbouring land to which the notice can be sent to the owner, lessee or occupier of such premises, by sending a notice addressed to “the Owner, Lessee or Occupier” to such premises.

(3) The notice to be given in accordance with paragraph (2) must—

(a) state the date on which the notice is sent;

(b) state the name of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent;

(c) include any reference number given to the application by the planning authority;

(d) include a description of the demolition to which the application relates;

(e) include the postal address of the land to which the demolition relates, or if the land in question has no postal address, a description of the location of the land;

(f) state how the application and other documents submitted in connection with it may be inspected;

(g) state that representations may be made to the planning authority regarding the method of demolition and proposed restoration of the site; and

(h) include information as to how and by which date (being a date not earlier than 14 days after the date on which the notice is sent) such representations may be made.

(4) In this article “neighbouring land” means an area or plot of land which, or part of which, is conterminous with or within 20 metres of the boundary of the land for which the development is proposed.]

Textual Amendments

F83 Art. 7A inserted (21.11.2011) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(2), 2(3)

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(15), the Town and Country Planning (General Development) (Scotland) Order 1975(16) and the Town and Country Planning (General Development) (Scotland) Order 1981(17) shall continue in force and have effect as if given under the corresponding provisions of this Order;

[F84 (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

F84 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