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

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.