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 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;]

[F7 “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;]

F8 ...

F8 ...

“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;

[F9 “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;

F10 ...

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

[F11 “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;

[F12 “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;

[F13 “National Park”, means an area designated as a National Park under section 6(1) of the National Parks (Scotland) Act 2000;]

[F14 “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;]

[F15 “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;

F16 ...

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

“satellite antenna” means apparatus designed for transmitting F17 ... radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

[F18 “scheduled monument”, has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;]

[F19 “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, [F20 a universal service provider (within the meaning of [F21 Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F22 that Part])], the Civil Aviation Authority, [F23 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);

[F24 “terrestrial antenna” means apparatus designed for transmitting or receiving terrestrial radio energy between two fixed points;]

F10 ...

“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);

[F25 “Use Classes Order” means the Town and Country Planning (Use Classes) (Scotland) Order 1997.]

(2) (a) [F26 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.

F27 (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.

[F28 (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.]

[F29 (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 (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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 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

F13 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)

F14 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

F15 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)

F16 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)

F17 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)

F18 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)

F19 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

F20 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)

F21 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)

F22 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)

F23 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.

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)(vi)

F25 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

F26 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)

F27 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)

F28 Art. 2(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)

F29 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 [F30 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

F31 (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.

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

(a) any development other than development permitted by [F32 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;

[F33 (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 [F34 public gas transporter] in accordance with Class 39 of Schedule 1] [F35 ; 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.]

F36 (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.

F37 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38 [F39 (8) Subject to paragraph (10), Schedule 1 development or Schedule 2 development within the meaning of [F40 the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011] (“the EIA Regulations”) is not permitted by this Order unless–

(a) the planning authority have adopted a screening opinion under [F41 regulation 6] of those Regulations that the development is not EIA development [F42 within the meaning of those Regulations];

(b) the Scottish Ministers have made a screening direction under [F43 regulation 5(10) or 7(4)] of those Regulations that the development is not EIA development [F44 within the meaning of those Regulations]; or

(c) the Scottish Ministers have given a direction under [F45 regulation 5(4)] of those Regulations that the development is exempted from the application of these Regulations.

[F46 (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 regulation 6 of those Regulations or a screening direction under regulation 5(10) or 7(4) 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 regulation 6 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 regulation 6 of those Regulations or a screening direction under regulation 5(10) or 7(4) 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 regulation 6 of those Regulations in respect of the development to which the application relates.

(8C) A screening opinion adopted under regulation 6 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 [F47 regulation 6] 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 [F48 regulation 5(10) or 7(4)] of those Regulations nor directed under [F49 regulation 5(4)] of those Regulations that the development is exempted from the application of those Regulations; or

(b) the Scottish Ministers have directed [F50 under regulation 5(10) or (11), 7(4) or 45 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) [F51 Paragraphs (8), (8A) and (8B) do] not apply to–

F52 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) development which consists of the carrying out of drainage works to which Part [F53 IV of the Environmental Impact Assessment (Scotland) Regulations 1999] applies;

F54 (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 F55 ... of Schedule 1;

(e) development for which permission is granted by Class 54 of Part 15, Class 59 or 60 of Part 17 F56 ... 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;

F57 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as that on which development of any description permitted by the same Class has been carried out before [F58 1st August 1999];

(f) the completion of any development begun before [F58 1st August 1999].]

Textual Amendments

F30 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)

F31 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)

F32 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)

F33 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)

F34 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.

F35 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)

F36 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)

F37 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)

F38 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)

F39 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)

F40 Words in art. 3(8) 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(2)(a)

F41 Words in art. 3(8) 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(3)(a)

F42 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)

F43 Words in art. 3(8) 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(3)(b)

F44 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)

F45 Words in art. 3(8) 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(3)(c)

F46 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)

F47 Words in art. 3(9) 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(3)(a)

F48 Words in art. 3(9) 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(3)(b)

F49 Words in art. 3(9) 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(3)(c)

F50 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)

F51 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)

F52 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

F53 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)

F54 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

F55 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)

F56 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)

F57 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)

F58 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)

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)

C7 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)

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 [F59 (including any Act of the Scottish Parliament)] passed after 1st July 1948 or by any Order requiring the approval of both Houses of Parliament [F60 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

F59 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)

F60 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)

[F61 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

F61 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(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;

[F62 (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

F62 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

[F63 PART 1 S DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Textual Amendments

F63 Sch. 1 Pts. 1, 1ZA substituted for Sch. 1 Pt. 1 (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(4), sch. (with art. 3)

Enlargement of a dwellinghouse S

Class 1A.— (1) Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.

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

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) any part of the development would be within 1 metre of the boundary of the curtilage of the dwellinghouse and it would extend beyond the line of the wall forming part of the rear elevation that is nearest that boundary by more than—

(i) 3 metres in the case of a terrace house; or

(ii) 4 metres in any other case;

(c) the height of the eaves of the development would exceed 3 metres;

(d) any part of the development would exceed 4 metres in height;

(e) as a result of the development the area of ground covered by the resulting dwellinghouse would be more than twice the area of ground covered by the original dwellinghouse;

(f) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); or

(g) it would be within a conservation area.

Class 1B.— (1) Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement.

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

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) any part of the development would be within 10 metres of the boundary of the curtilage of the dwellinghouse;

(c) as a result of the development the height of the dwellinghouse would exceed the height of the existing dwellinghouse, when measured at the highest part of the roof and excluding any chimney;

(d) as a result of the development the area of ground covered by the resulting dwellinghouse would be more than twice the area of ground covered by the original dwellinghouse;

(e) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); or

(f) it would be within a conservation area.

Class 1C.— (1) The erection, construction or alteration of any porch outside any external door of a dwellinghouse.

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

(a) its footprint would exceed 3 square metres;

(b) any part of it would be within 2 metres of a boundary between the curtilage of the dwellinghouse and a road;

(c) any part of the development would exceed 3 metres in height; or

(d) it would be within a conservation area.

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

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

(a) it would be on a roof plane forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) it would be on a roof plane and would be within 10 metres of the boundary of the curtilage of the dwellinghouse which that roof plane fronts;

(c) as a result of the development the height of the dwellinghouse would exceed the height of the existing dwellinghouse, when measured at the highest part of the roof and excluding any chimney;

(d) its width would exceed half the total width of the roof plane, measured at the eaves line, of the dwellinghouse;

(e) any part of the development would be within 0.3 metres of any edge of the roof plane of the dwellinghouse; or

(f) it would be within a conservation area.

Improvements or alterations to a dwellinghouse which are not enlargements S

Class 2A.— (1) The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse.

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

(a) the combined length of all flights forming part of the access ramp would exceed 5 metres;

(b) the combined length of all flights and landings forming part of the access ramp would exceed 9 metres;

(c) any part of the ramp would exceed 0.4 metres in height;

(d) the combined height of the ramp and any wall (excluding any external wall of the dwellinghouse), fence, balustrade, handrail or other structure attached to it would exceed 1.5 metres; or

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

Class 2B.— (1) Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement.

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

(a) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwellinghouse;

(b) it would be a wind turbine;

(c) it would be a balcony;

(d) it would be on the roof and would result in a raised platform or terrace;

(e) it would be within a conservation area; or

(f) it would be development described in class 2A(1), 3B(1), 6C(1), 6F(1), 6H(1) or 72(1).

(3) Development is permitted by this class subject to the condition that the materials used for any roof covering must be as similar in appearance to the existing roof covering as is reasonably practicable.

Other development within the curtilage of a dwellinghouse S

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

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

(a) it consists of a dwelling;

(b) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(c) the height of the eaves would exceed 3 metres;

(d) any part of the development would exceed 4 metres in height;

(e) any part of the development within 1 metre of the boundary of the curtilage of the dwellinghouse would exceed 2.5 metres in height;

(f) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); or

(g) in the case of land in a conservation area or within the curtilage of a listed building, the resulting building would have a footprint exceeding 4 square metres.

Class 3B.— (1) The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

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

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) any resulting structure would exceed 3 metres in height;

(c) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck);

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

(e) it would be development described in class 3A(1), 3C(1), 3D(1), 3E(1), 6D, 6E, 6G(1), 6H(1) or 8.

Class 3C.— (1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface.

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

(3) Development is permitted by this class subject to the condition that where the hard surface would be located between the dwellinghouse and a road bounding the curtilage of the dwellinghouse—

(a) the hard surface must be made of porous materials; or

(b) provision must be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.

Class 3D.— (1) The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

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

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) the floor level of any part of the deck or platform would exceed 0.5 metres in height;

(c) the combined height of the deck and any wall, fence, balustrade, handrail or other structure attached to it, would exceed 2.5 metres; or

(d) in the case of land within a conservation area or within the curtilage of a listed building the deck or platform would have a footprint exceeding 4 square metres.

Class 3E.— (1) The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

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

(a) any part of the resulting gate, fence, wall or other means of enclosure would exceed 2 metres in height;

(b) any part of the resulting gate, fence, wall or other means of enclosure would exceed one metre in height where it—

(i) fronts a road; or

(ii) extends beyond the line of the wall of the principal elevation or side elevation that is nearest a road;

(c) it replaces or alters an existing gate, fence, wall or other means of enclosure and exceeds whichever is the greater of the original height or the heights described in sub-paragraphs (a) and (b);

(d) it would be within a conservation area; or

(e) it would be within, or bound, the curtilage of a listed building.

Interpretation of Part 1    For the purposes of Part 1—

“balcony” means a platform, enclosed by a wall or balustrade, projecting outward from the external wall of a building, with access from an upper floor window or door;

“bound” means to share a common boundary, and “bounding” is to be construed accordingly;

“enlargement” means any development that increases the internal volume of the original dwellinghouse, and includes a canopy or roof, with or without walls, which is attached to the dwellinghouse, but does not include a balcony;

“footprint” means an area of ground covered by development;

“front curtilage” means that part of the curtilage of the original dwellinghouse forward of the principal elevation;

“rear curtilage” means that part of the curtilage of the original dwellinghouse which is not the front curtilage;

“rear elevation” means the elevation of the original dwellinghouse that is opposite its principal elevation;

“resulting dwellinghouse” means the dwellinghouse as enlarged, taking into account any previous enlargement;

“side elevation” means the elevation of the original dwellinghouse linking the principal elevation with the rear elevation; and

“terrace house” means a dwellinghouse—

(a)

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

(b)

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

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

Any reference in Part 1 to—

(a) height is a reference to height when measured from ground level, and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b) the measurement of a dimension is a reference to the measurement of external dimensions; and

(c) “the principal elevation” is a reference to the elevation of the original dwellinghouse which by virtue of its design or setting, or both, is the principal elevation.]

[F63 PART 1ZA S DEVELOPMENT TO A BUILDING CONTAINING A FLAT

Class 4A.— (1) Any improvement or other alteration to the external appearance of a dwelling situated within a building containing one or more flats. S

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

(a) it would be an enlargement;

(b) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney;

(c) the dimensions of an existing window or door opening would be altered;

(d) it would be a balcony;

(e) it would be on the roof and would result in a raised platform or terrace;

(f) it would be a wind turbine;

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

(h) it would be development described in class 6C(1), 6F(1) or 6H(1) or 72(1).

(3) For the purposes of this class—

“balcony” means a platform, enclosed by a wall or balustrade, projecting outward from the external wall of a building, with access from an upper floor window or door;

“enlargement” means any development that increases the internal volume of the original building, and includes a canopy or roof, with or without walls, which is attached to the building but does not include a balcony;

a “window” or “door” includes its frame; and

the measurement of a dimension is a reference to the measurement of external dimensions.]

[F64 PART 1A S INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT

Textual Amendments

F64 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.

F65 Class 6A.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Sch. 1 Pt. 1A Classes 6A, 6B omitted (6.2.2012) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(3), 2(5)(a)

F65 Class 6B.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Sch. 1 Pt. 1A Classes 6A, 6B omitted (6.2.2012) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(3), 2(5)(a)

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.

[F66 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

F66 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

F66 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    For the purposes of Part 1A–

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

• [F67 “dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building;]

• F68 ...

• [F69 “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;

• F68 ...

• “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

F67 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)

F68 Words in Sch. 1 Pt. 1A omitted (6.2.2012) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(3), 2(5)(b)

F69 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)

[F70 PART 1B S INSTALLATION OF NON-DOMESTIC MICROGENERATION EQUIPMENT

Textual Amendments

F70 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    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;

[F71 “solar PV” means solar photovoltaics;]

“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.]

Textual Amendments

F71 Words in Sch. 1 Pt. 1B 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(6)

PART 2 S SUNDRY MINOR OPERATIONS

Commencement Information

I9 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 [F72 or

(e) it would be development described in class 3E(1)].

Textual Amendments

F72 Sch. 1 Pt. 2 Class 7(2)(e) and word inserted (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(7)

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 [F73 classes 3E or 7].

Textual Amendments

F73 Words in Sch. 1 Pt. 2 Class 8 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(8)

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 [F74 or

(d) it would be development described in class 2B(1).]

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

Textual Amendments

F74 Sch. 1 Pt. 2 Class 9(2)(d) and word inserted (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(9)

[F75 PART 2A S SHOPS OR CATERING, FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS

Textual Amendments

F75 Sch. 1 Pts. 2A-2E 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(4), sch. (as amended (29.6.2014) by S.S.I. 2014/184, art. 2(2))

Class 9A.— (1) The extension or alteration of a shop or financial or professional services establishment. S

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 100 square metres;

whichever is the lesser;

(b) the height of the building as extended or altered would exceed 4 metres;

(c) any part of the development, other than an alteration, would be within 10 metres of any boundary of the curtilage of the premises;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles;

(e) the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(f) any part of the development would alter or extend beyond an existing shop or financial or professional services establishment front; or

(g) the building as extended or altered is to be used for purposes other than that of the shop or financial or professional services establishment concerned.

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

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) 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 other use, 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.

(5) In this class—

“enclosed shopping centre” means a building containing shops having frontages to an arcade or mall or other covered circulation area;

“raised platform” means a platform with a height greater than 300 millimetres;

“retail park” means a group of 3 or more retail stores, at least one of which has a minimum internal floor area of 1,000 square metres and which—

(a)

are set apart from existing shopping centres but within an existing or proposed urban area;

(b)

sell primarily goods other than food; and

(c)

share one or more communal car parks;

“shop or financial or professional services establishment” means a building, or part of a building, used for any purpose within Class 1 or 2 to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended except for the purposes of an enclosed shopping centre or retail park; 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.

Class 9B.— (1) The erection or construction of a trolley store within the curtilage of a shop.

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

(a) the gross floor space of the building or enclosure erected would exceed 20 square metres;

(b) the height of the building or enclosure would exceed 3 metres; or

(c) any part of the development would be within 20 metres of the curtilage of a building used for residential purposes.

(3) Development is not permitted by this class in the case of land within a conservation area.

(4) Development is permitted by this class subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.

(5) In this class—

“shop” means a building used for any purpose within class 1 of the Schedule to the Use Classes Order; and

“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

Interpretation of Part 2A S

Any reference in Part 2A to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

PART 2B S SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITAL BUILDINGS

Class 9C.— (1) The extension or alteration of—

(a) a school, college, university or hospital building;

(b) a nursing home or building used for the provision of care (other than a use within class 9 of the Use Classes Order).

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 100 square metres;

whichever is the lesser;

(b) the height of the building as extended or altered would exceed 4 metres;

(c) any part of the development, other than an alteration would be within 10 metres of any boundary of the curtilage of the premises;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles;

(e) the development would result in any land used as a playing field when the development commenced being no longer capable of such use;

(f) the development would consist of or include the construction or provision of a veranda, balcony, or raised platform;

(g) the development would consist of or include the construction or provision of an incinerator;

(h) the development would constitute development of any of the classes specified in Schedule 2 (bad neighbour development); or

(i) the building as extended or altered is to be used for a purpose other than that of the undertaking concerned.

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

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b) “care” means personal care including the provision of appropriate help with physical and social needs or support including medical care and treatment; and

“raised platform” means a platform with a height greater than 300 millimetres;

“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.

PART 2C S OFFICE BUILDINGS

Class 9D.— (1) The extension or alteration of an office building.

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 50 square metres;

whichever is the lesser;

(b) the height of the building as altered or extended would exceed 4 metres;

(c) any part of the development would be within 10 metres of any boundary of the curtilage of the premises;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles; or

(e) the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

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

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it; and

(b) “raised platform” means a platform with a height greater than 300 millimetres; 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.

PART 2D S RECHARGING ELECTRICAL OUTLETS

Class 9E.— (1) The installation, alteration or replacement, within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles. S

(2) Development is not permitted by this class if the electrical outlet (including its casing) would—

(a) exceed 0.5 cubic metres; or

(b) face onto and be within 2 metres of a road.

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

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) Development is permitted by this class subject to the conditions that—

(a) any name plate of the charging point provider or the energy supplier on the outlet (including its casing) must be no longer than 70 centimetres;

(b) there must be no more than 2 name plates attached to the outlet (including its casing);

(c) where 2 name plates are attached to the outlet (including its casing), each name plate must be facing in opposite directions;

(d) any name plate must not be illuminated.

(5) Development is permitted by this class subject to the conditions that when no longer needed as a charging point for electric vehicles—

(a) the development must be removed as soon as reasonably practicable; and

(b) the wall on which the development was mounted or into which the development was set must, as soon as reasonably practicable, and so far as reasonably practicable, be reinstated to its condition before that development was carried out.

Interpretation of Part 2D S

For the purposes of Part 2D—

“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.

PART 2E S ACCESS RAMPS

Class 9G.— (1) The erection, construction or alteration of any access ramp outside an external door of a non-domestic building. S

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

(a) the combined length of all flights forming part of the access ramp would exceed 5 metres;

(b) the combined length of all flights and platforms forming part of the access ramp would exceed 9 metres;

(c) any part of the ramp would exceed 0.4 metres in height;

(d) the combined height of the ramp and any wall (excluding any external wall of the non-domestic building), fence, balustrade, handrail or other structure attached to it would exceed 1.5 metres; or

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

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

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) Development is permitted by this class subject to the condition that the materials used for the facing of the access ramp must be of similar appearance to those used in the construction of the facing of the existing non-domestic building.

(5) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b) “non domestic building” means a building other than a dwelling or a building containing a dwelling;

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

“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.]

PART 3 S CHANGES OF USE

Commencement Information

I10 Sch. 1 Pt. 3 in force at 13.3.1992, see art. 1(4)

Class 10.— [F76 (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);

[F77 (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.

[F78 (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

F76 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)

F77 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)

F78 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) [F79 or a use for the sale of hot food for consumption off the premises].

Textual Amendments

F79 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) [F80 class 6] (storage or distribution).

Textual Amendments

F80 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 [F81 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

F81 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 [F82 the Use Classes Order].

Textual Amendments

F82 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

I11 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 F83 ..., 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.

Textual Amendments

F83 Words in Sch. 1 Pt. 4 Class 15 omitted (30.6.2014) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), arts. 1(1), 2(5)

PART 5 S CARAVAN SITES

Commencement Information

I12 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

I13 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.

[F84 (1A) Development is not permitted by this class if, in the case of any development referred to in sub-paragraph (1)(a), the land is within a historic battlefield;]

(2) [F85 Subject to paragraph (4)] 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 F86 ... is permitted by this class subject to the following conditions:—

[F87 (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—

[F88 (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;

F89 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F84 Sch. 1 Pt. 6 Class 18(1A) 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(6)(a)

F85 Words in Sch. 1 Pt. 6 Class 18(2) 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(6)(b)

F86 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)

F87 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)

F88 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)

F89 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

[F90 Water Management S

Class 18A.— (1) The carrying out of F91 ... drainage for agriculture or of any other water management project for that purpose [F92 , 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

F90 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)

F91 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)

F92 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.

[F93 PART 6A S Fish Farming

Textual Amendments

F93 Pt. 6A inserted (1.6.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment Order 2012 (S.S.I. 2012/131), arts. 1, 2(2)

   

Class 21A— (1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of— S

(a) replacing an existing finfish pen, in the same or a different location, with a finfish pen of—

(i) the same size, colour and design; or

(ii) a different size, colour or design;

(b) relocation of an existing finfish pen; or

(c) installing an additional finfish pen.

(2) Development is not permitted by this class in respect of any tank or cage which—

(a) is circular and has a circumference greater than 100 metres; or

(b) is not circular and is greater than 796 square metres in area.

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

[F94 (a) the surface area of the waters covered by the equipment comprising the fish farm is, or would as a result of the replacement or installation of finfish pens be, greater than 15,000 square metres;]

(b) as a result of the replacement or installation of finfish pens, the surface area of the waters covered by the equipment comprising the fish farm as altered or extended would be—

(i) more than 1,000 square metres greater; or

(ii) 10% greater,

than the surface area of the waters covered by the original equipment;

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

(a) any biomass contained within a fish pen mentioned in paragraph (1) must not, taken together with other biomass contained within the area of the existing fish farm, exceed the maximum amount of biomass permitted to be contained within that area under the terms of any existing permission, consent or licence under which the fish farm operates;

[F95 (aa) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out;]

(b) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

(i) the size, colour and design of the finfish pen; and

(ii) if the finfish pen is an additional finfish pen or is to be located in a different place from the finfish pen it replaces, its location;

(c) the application is to be accompanied by—

(i) a description of the proposed finfish pen, including details of its size, colour and design;

(ii) where the finfish pen is to be relocated, a description of both its current location within the area of the existing fish farm and its proposed location;

(iii) where the finfish pen is an additional finfish pen, a description of its proposed location;

(iv) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(v) any fee required to be paid;

(d) 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 their 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 to the applicant of their determination that, or the extent to which, such approval is required; or

(iii) the applicant has (or to the extent required has) received such approval from the planning authority;

(e) 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; and

(f) 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.

(5) In this class, “finfish pen” means a tank or cage used for the purposes of fish farming other than for the breeding, rearing or keeping of shellfish (including any kind of sea urchin, crustacean or mollusc).

Textual Amendments

F94 Sch. 1 Pt. 6A Class 21A(3)(a) substituted (1.12.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(a)(i) (with art. 1(2))

F95 Sch. 1 Pt. 6A Class 21A(4)(aa) inserted (1.12.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(a)(ii) (with art. 1(2))

   

Class 21B— (1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of— S

(a) replacing an existing feed barge, in the same or a different location, with a feed barge of—

(i) the same size, colour and design; or

(ii) a different size, colour or design; or

(b) relocation of an existing feed barge.

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

(a) where the feed barge is—

(i) to be relocated;

(ii) to be located in a different place to the feed barge it replaces; or

(iii) of a different size, colour or design to the feed barge it replaces,

the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required, as the case may be, in respect of the size, colour or design of, or the location of, the feed barge;

(b) the application is to be accompanied by—

(i) a description of the proposed feed barge, including details of its proposed size, colour and design;

(ii) where the feed barge is to be relocated, a description of both its current location within the area of the existing fish farm and its proposed location;

(iii) where the feed barge is to be in a different place to the feed barge it replaces, both a description of the location of that feed barge and of the proposed location of the replacement feed barge;

(iv) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(v) 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 their 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 to the applicant of their determination that, or the extent to which, such approval is required; or

(iii) the applicant has (or to the extent required has) received such approval from the planning authority;

(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; F96 ...

(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 [F97 ; and

(f) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.]

Textual Amendments

F96 Word in Sch. 1 Pt. 6A Class 21B(2)(d) omitted (1.12.2012) by virtue of The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(b)(i) (with art. 1(2))

F97 Sch. 1 Pt. 6A Class 21B(2)(f) and word inserted (1.12.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(b)(ii) (with art. 1(2))

   

Class 21C— (1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of— S

(a) replacing an existing top net or support for a top net with a top net or support of the same size, colour and design; or

(b) replacing an existing top net or support for a top net with a top net or support of a different size, colour or design.

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

(a) no equipment to support the top net is to be greater in height than 2.5 metres;

[F98 (aa) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out;]

(b) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required—

(i) in respect of the size of the proposed equipment to support the top net; and

(ii) where the top net or support is of a different colour or design than the existing top net or support, in respect of the colour or design of the proposed top net or support;

(c) the application is to be accompanied by—

(i) a description of the proposed equipment, including details of its size and where the top net or support is of a different colour or design than the existing top net or support, its colour or design;

(ii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii) any fee required to be paid;

(d) 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 their 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 to the applicant of their determination that, or the extent to which, such approval is required; or

(iii) the applicant has (or to the extent required has) received such approval from the planning authority;

(e) 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; and

(f) 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.

Textual Amendments

F98 Sch. 1 Pt. 6A Class 21C(2)(aa) inserted (1.12.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(c) (with art. 1(2))

   

Class 21D— (1) The placing or assembly of any equipment within the area of an existing fish farm required temporarily in connection with the operation of the fish farm. S

(2) Development is not permitted by this class—

(a) in respect of any equipment described in paragraph (1) of any other class within this Part;

(b) if the surface area of the waters which would be covered by the proposed equipment is greater than 1% of the surface area of the waters covered by the equipment comprised in the fish farm; or

(c) in respect of any equipment (or equipment used for the same or equivalent purpose) which has been removed from the area of the existing fish farm within the preceding 12 months.

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

(a) where there is a feed barge within the fish farm, any equipment placed or assembled is not to be greater in height than one half the height of any feed barge;

(b) where there is no feed barge within the fish farm any equipment placed or assembled is not to be greater in height than 2.5 metres;

[F99 (bb) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out;]

(c) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the size, colour, design and location of the proposed equipment;

(d) the application is to be accompanied by—

(i) a description of the proposed equipment, including details of its size, colour, design and proposed location;

(ii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii) any fee required to be paid;

(e) 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 their 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 to the applicant of their determination that, or the extent to which, such approval is required; or

(iii) the applicant has (or to the extent required has) received such approval from the planning authority;

(f) 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;

(g) 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; and

(h) any equipment must be removed at the expiry of the allowed period and notification of such removal is to be given to the planning authority in writing within 14 days after the date of removal.

(4) In this class, the “allowed period” means, in respect of any particular item of equipment, a period of three months commencing on the date on which that equipment was placed or assembled.

Textual Amendments

F99 Sch. 1 Pt. 6A Class 21D(3)(bb) inserted (1.12.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(d) (with art. 1(2))

   

Class 21E— (1) The placing or assembly of a long-line for use in shellfish farming within the area of an existing fish farm. S

(2) Development is not permitted by this class if the surface area of the waters covered by the long line (if placed or assembled) together with the original equipment (and any other equipment placed or assembled under this Class) would be either—

(a) more than 500 square metres greater; or

(b) more than 10% greater,

than the surface area of the waters covered by the original equipment.

(3) 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 is required in respect of the size, colour, design or location of the proposed long line;

(b) the application is to be accompanied by—

(i) a description of the proposed long line, including details of its size, colour, design and proposed location;

(ii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii) any fee required to be paid;

[F100 (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 their 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 to the applicant of their determination that, or the extent to which, such approval is required; or

(iii) the applicant has (or to the extent required has) received such approval from the planning authority;

[F100 (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; F101 ...

[F100 (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 [F102 ; and

(f) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out].

(4) For the purposes of paragraph (2) the surface area is calculated on the basis that for every one metre of linear distance (measured over the surface of the waters) covered by the long line the surface area of waters covered by that long line is one square metre.

Textual Amendments

F100 Sch. 1 Pt. 6A Class 21E(3)(b)(c)(d) renumbered as Class 21E(3)(c)(d)(e) (1.12.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(e)(i) (with art. 1(2))

F101 Word in Sch. 1 Pt. 6A Class 21E(3) omitted (1.12.2012) by virtue of The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(e)(ii) (with art. 1(2))

F102 Sch. 1 Pt. 6A Class 21E(3)(f) and word inserted (1.12.2012) by The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(e)(iii) (with art. 1(2))

   

Class 21F— (1) Development consisting of a change of use of a fish farm— S

(a) to the breeding, rearing or keeping of halibut (Hippoglossus hippoglossus)where the established use of that fish farm is the breeding, rearing or keeping of Atlantic salmon (Salmo salar);

(b) to the breeding, rearing or keeping of Atlantic salmon (Salmo salar) where the established use of that fish farm is the breeding, rearing or keeping of sea trout (Salmo trutta) or rainbow trout (Oncorhynchus mykiss); or

(c) to the breeding, rearing or keeping of sea trout (Salmo trutta) or rainbow trout (Oncorhynchus mykiss) where the established use of that fish farm is the breeding, rearing or keeping of Atlantic salmon (Salmo salar).

(2) In this Class, “established use” means lawful use within the meaning of section 150 of the Act.

Interpretation of Part 6A    For the purposes of this Part—

(1) The following expressions have the following meanings—

“equipment” and “fish farming” have the meanings given in section 26(6) of the Act;

“fish farm” means a place used for the purposes of fish farming;

“original equipment” means in relation to a fish farm, the equipment placed or assembled in respect of that fish farm pursuant to consent granted by—

(a)

planning permission granted following an application made under Part III of the Act;

(b)

a relevant authorisation; or

(c)

by a combination of such planning permission and a relevant authorisation; and

“relevant authorisation” has the meaning given in article 14(6)(c) of the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007.

(2) The area of an existing fish farm F103 ... is the area which, if the anchorage or mooring points used in relation to that fish farm F103 ... were to be connected by straight lines, would be enclosed by such imaginary lines.

(3) The height of equipment is to be measured from the surface of the water.]

Textual Amendments

F103 Words in Sch. 1 Pt. 6A omitted (1.12.2012) by virtue of The Town and Country Planning (General Permitted Development) (Fish Farming) (Scotland) Amendment (No. 2) Order 2012 (S.S.I. 2012/285), arts. 1(1), 2(2)(f) (with art. 1(2))

PART 7 S FORESTRY BUILDINGS AND OPERATIONS

Commencement Information

I14 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).

[F104 (1A) Development is not permitted by this class if, in the case of any development referred to in sub-paragraph (1)(a), the land is within a historic battlefield.]

(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 F105 ... is permitted by this class subject to the following conditions:—

[F106 (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

F104 Sch. 1 Pt. 7 Class 22(1A) inserted (30.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), art. 2(7)

F105 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)

F106 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

I15 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.

[F107 Class 25.— (1) The provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purposes of the undertaking concerned.

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

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

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

(a) the hard surface must be made of porous materials; or

(b) provision must be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the industrial building or warehouse.]

Textual Amendments

F107 Sch. 1 Pt. 8 Class 25 substituted (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(8)

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;

[F108 “industrial building” means a building used for the carrying out of an industrial process (including the carrying out of research and development of products or processes) 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 or land in or adjacent to land occupied 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.

[F109 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

F108 Words in Sch. 1 Pt. 8 substituted (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(9)(a)

F109 Words in Sch. 1 Pt. 8 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(9)(b)

PART 9 S REPAIRS TO PRIVATE ROADS AND PRIVATE WAYS

Commencement Information

I16 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

I17 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

I18 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 [F110 or of the Scottish Parliament];

(b) an order approved by both Houses of Parliament [F111 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

F110 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)

F111 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)

C8 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)

C9 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)

C10 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)

C11 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)

C12 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)

C13 Sch. 1 Pt. 11 Class 29 modified (10.10.2013) by virtue of The Rosyth International Container Terminal (Harbour Revision) Order 2013 (S.S.I. 2013/288), art. 1(1), sch. 2 para. 1(1) (with arts. 14, 15, 16)

PART 12 S DEVELOPMENT BY LOCAL AUTHORITIES

Commencement Information

I19 Sch. 1 Pt. 12 in force at 13.3.1992, see art. 1(4)

[F112 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) street furniture required in connection with the operation of any public service administered by them.]

Textual Amendments

F112 Sch. 1 Pt. 12 Class 30 substituted (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(10)

[F113 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

F113 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)

F114 Class 32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 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 [F115 local authority] of—

(a) works for the erection of [F116 dwellings], 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 [F117 £250,000] 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.

[F118 In this class “dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building.]

Textual Amendments

F115 Words in Sch. 1 Pt. 12 Class 33 substituted (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(11)(a)

F116 Word in Sch. 1 Pt. 12 Class 33(a) substituted (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(11)(b)

F117 Word in Sch. 1 Pt. 12 Class 33(c) substituted (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(11)(c)

F118 Words in Sch. 1 Pt. 12 Class 33 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(11)(d)

PART 13 S DEVELOPMENT BY STATUTORY UNDERTAKERS

Commencement Information

I20 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.

Modifications etc. (not altering text)

C14 Sch. 1 Pt. 13 Class 35 modified (10.10.2013) by virtue of The Rosyth International Container Terminal (Harbour Revision) Order 2013 (S.S.I. 2013/288), art. 1(1), sch. 2 para. 1(2) (with arts. 14, 15, 16)

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).

[F119 Public gas transporters] S

Class 39.—(1) Development by a [F120 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 [F120 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 [F120 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 [F120 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;

[F121 (c) in the case of any development referred to in sub-paragraph (1)(e)—

(i) the [F120 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

F119 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.

F120 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.

F121 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 [F122 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 [F122 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;

[F123 (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

• “[F122 electronic communications line]” means a wire or cable (including its casing or coating) which forms part of a [F122 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

F122 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)

F123 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.

[F124 Universal Service Providers] S

Class 43.—(1) Development required for the purposes of [F125 a universal service provider (within the meaning of [F126 Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F127 that Part])] 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

F124 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)

F125 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)

F126 Words in Sch. 1 Pt. 13 Class 43 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(3)(a)

F127 Words in Sch. 1 Pt. 13 Class 43 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(3)(b)

[F128 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[F129 –

(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[F130 ; 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 [F131 or on] which the development is to take place.]

Textual Amendments

F128 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

F129 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)

F130 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)

F131 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

I21 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

[F132 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

F132 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

I22 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—

[F133 (za) it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;]

(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.

Textual Amendments

F133 Sch. 1 Pt. 15 Class 53(2)(za) inserted (1.5.2012) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(2), 3(1)(c) (with regs. 4, 5)

Class 54.—(1) Development on any land F134 ... 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—

[F135 (za) it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;]

(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;

[F136 (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

F134 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)

F135 Sch. 1 Pt. 15 Class 54(2)(za) inserted (1.5.2012) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(2), 3(1)(d) (with regs. 4, 5)

F136 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;

[F137 “petroleum” has the same meaning as given in section 1 of the Petroleum Act 1998;]

“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.

Textual Amendments

F137 Words in Sch. 1 Pt. 15 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(12)

PART 16 S DEVELOPMENT ANCILLARY TO MINING OPERATIONS

Commencement Information

I23 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 [F138 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

F138 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 [F139 COAL MINING DEVELOPMENT BY THE COAL AUTHORITY AND ITS LICENSEES]

Textual Amendments

F139 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

I24 Sch. 1 Pt. 17 in force at 13.3.1992, see art. 1(4)

[F140 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

F140 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 [F141 a licensed operator], in connection with [F142 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

F141 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)

F142 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 [F143 a licensed operator] in connection with [F144 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

F143 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)

F144 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)

F145 Class 61.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145 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 [F146 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

F146 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 [F147 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 [F147 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;

[F148 “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;]

[F149 “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

F147 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)

F148 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)

F149 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)

F150 PART 18 S WASTE TIPPING AT A MINE

Textual Amendments

F150 Sch. 1 Pt. 18 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)(e) (with regs. 4, 5)

F150 Class 63.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150 Class 64.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150 Interpretation of Part 18 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 19 S REMOVAL OF MATERIAL FROM MINERAL WORKING DEPOSITS

Commencement Information

I25 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

I26 Sch. 1 Pt. 20 in force at 13.3.1992, see art. 1(4)

[F151 Class 67.— (1) Development by or on behalf of a [F152 electronic communications code operator] for the purpose of the operator’s [F152 electronic communications network] in, on, over or under land controlled by that operator [F153 or in accordance with the electronic communications code,] F154 ..., consisting of–

(a) the construction, installation, alteration or replacement of any [F152 electronic communications apparatus];

(b) the use of land in an emergency for a period not exceeding [F155 12 months] to station and operate moveable [F152 electronic communications apparatus] required for the replacement of unserviceable [F152 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 [F156 , historic battlefield] 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 [F157 a building]; F158 ...

(iii) [F159 involves the installation of telegraph poles, the replacement or alteration of existing telegraph poles, the installation of new overhead lines on such poles or is ancillary to such development; or

(iv) is development of or description of development which is permitted by virtue of paragraph (2)(c) or is ancillary to such development;]

(b) it involves construction or installation of a ground based mast;

(c) [F160 it involves the replacement or alteration of an existing mast which is ground based or the installation of apparatus on such a mast which results in—

(i) an increase in the overall height of the original structure of—

(aa) in the case of an existing mast where the overall size of the structure is 50 metres or less in height, more than 5 metres; or

(bb) in the case of an existing mast where the overall size of the structure is more than 50 metres in height, more than 15% of the original height of the structure;

(ii) an increase in the overall width of the structure (measured horizontally at the widest point of the original structure) of more than the greater of—

(aa) one metre; or

(bb) one third of the original width of the structure; or

(iii) a change in location of more than 4 metres from the location of the existing 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 [F161 6 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) [F162 6 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;

F163 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F164 ground based] 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) [F165 in the case of the installation, alteration or replacement of an antenna system on a building or other structure (excluding a ground based mast) where the development is to be located more than 15 metres above ground level—

(i) any individual antenna exceeds 6 metres in height or 1.3 metres when measured horizontally;

(ii) the development would result in there being more than 4 antenna systems (other than small antennas) on the building or structure; or

(iii) the antenna system and its supporting apparatus exceeds 6 metres in height;]

(r) [F166 in the case of the installation, alteration or replacement of an antenna system on a building or other structure (excluding a ground based mast) where the development is to be located fewer than 15 metres above ground level—

(i) any individual antenna exceeds 3 metres in height or 0.9 metres when measured horizontally;

(ii) the development would result in there being more than 4 antenna systems (other than small antennas) on the building or structure; or

(iii) the antenna system and its supporting apparatus exceeds 6 metres in height;]

(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 [F167 electronic communication 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

F151 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))

F152 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)

F153 Words in Sch. 1 Pt. 20 Class 67(1) 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(10)(a)

F154 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

F155 Words in Sch. 1 Pt. 20 Class 67(1)(b) substituted (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(13)(a)

F156 Words in Sch. 1 Pt. 20 Class 67(2)(a) 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(13)(b)(i)

F157 Words in Sch. 1 Pt. 20 Class 67(2)(a)(ii) substituted (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(13)(b)(ii)

F158 Word in Sch. 1 Pt. 20 Class 67(2)(a) omitted (30.6.2014) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), arts. 1(1), 2(13)(b)(iii)

F159 Sch. 1 Pt. 20 Class 67(2)(a)(iii)(iv) substituted for Sch. 1 Pt. 20 Class 67(2)(a)(iii) (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(13)(b)(iv)

F160 Sch. 1 Pt. 20 Class 67(2)(c) substituted (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(13)(c)

F161 Words in Sch. 1 Pt. 20 Class 67(2)(f) substituted (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(13)(d)

F162 Words in Sch. 1 Pt. 20 Class 67(2)(g)(i) substituted (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(13)(d)

F163 Sch. 1 Pt. 20 Class 67(2)(h) omitted (30.6.2014) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), arts. 1(1), 2(13)(e)

F164 Words in Sch. 1 Pt. 20 Class 67(2)(n) 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(13)(f)

F165 Sch. 1 Pt. 20 Class 67(2)(q) substituted (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(13)(g)

F166 Sch. 1 Pt. 20 Class 67(2)(r) substituted (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(13)(h)

F167 Words in Sch. 1 Pt. 20 Class 67(6)(d) substituted (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(10)(b)

Interpretation of Part 20    For the purposes of Part 20–

(a) “the 1984 Act” means the Telecommunications Act 1984;

[F168 “antenna system” means a set of antennas installed on a building or structure and operated in accordance with the electronic communications code;]

[F168 “electronic communications apparatus”, “electronic communications service” and “electronic communications code” have the same meaning as in the Communications Act 2003;]

[F168 “existing mast” means a mast with attached electronic communications apparatus;]

“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 [F169 an electronic communications code operator];

[F170 “small antenna” means an antenna which—

(a)

operates on a point to multi-point or area basis in connection with an electronic communications service;

(b)

may be variously referred to as a femtocell, picocell, metrocell or microcell antenna;

(c)

does not, in any two dimensional measurement, have a surface area exceeding 5,000 square centimetres; and

(d)

does not have a volume exceeding 50,000 cubic centimetres,

and any calculation for the purposes of heads (c) and (d) is to include any power supply unit or casing, but excludes any mounting, fixing, bracket or other support structure;; and]

F171 ...

F171 ...

F171 ...

F171 ...

[F172 (aa) development which is ancillary to and reasonably required for the construction and subsequent use of equipment housing includes security equipment, perimeter walls and fences, and handrails, steps and ramps, except on any land which is, or is within, a site of special scientific interest.]

F171 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F151 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))

F168 Words in Sch. 1 Pt. 20 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(13)(i)(i)

F169 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)

F170 Words in Sch. 1 Pt. 20 substituted (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(13)(i)(ii)

F171 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

F172 Words in Sch. 1 Pt. 20 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(13)(i)(iii)

PART 21 S OTHER TELECOMMUNICATIONS DEVELOPMENT

Commencement Information

I27 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 [F173 an [F174 microwave antenna] and any structure intended for the support of a F175 ... [F174 microwave antenna].

[F176 (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;

[F177 (aa) the development is permitted by class 4A(1);]

(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;

[F178 (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.]

[F179 (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

F173 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)

F174 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)

F175 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)

F176 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)

F177 Sch. 1 Pt. 21 Class 68(2)(aa) inserted (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(11)

F178 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)

F179 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

I28 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.

[F180 PART 23 S DEMOLITION OF BUILDINGS

Textual Amendments

F180 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 [F181 is demolition of a qualifying building,] 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 F182 ... and any fee required to be paid;

F183 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Textual Amendments

F181 Words in Sch. 1 Pt. 23 Class 70(3)(b) 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(12)(a)

F182 Words in Sch. 1 Pt. 23 Class 70(3)(b)(ii) 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(12)(b)

F183 Sch. 1 Pt. 23 Class 70(3)(b)(iii) 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(12)(c)

Interpretation of Part 23    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];

• [F184 “qualifying building” means—

  (a)

  a dwellinghouse;

  (b)

  a building containing one or more flatted dwellings; or

  (c)

  a building having a mutual wall with, or having a main wall adjoining the main wall of a dwellinghouse or a building containing one or more flatted dwellings,

  but for the purposes of this definition—

  (i)

  a building is not to be regarded as a dwellinghouse or as containing one or more flatted dwellings if use as a dwelling is ancillary to any non-residential use of that building or other buildings on the same site; and

  (ii)

  each house in a pair of semi-detached houses and every house in a row of terrace houses (whether or not, in either case, the house is in residential use) is to be regarded as a building.]

Textual Amendments

F184 Words in Sch. 1 Pt. 23 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(12)(d)

[F185 PART 24 S TOLL ROAD FACILITIES

Textual Amendments

F185 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.   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.]

[F186 PART 25 S CLOSED CIRCUIT TELEVISION CAMERAS

Textual Amendments

F186 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.]

[F187 Part 25A S TEMPORARY PROTECTION OF POULTRY AND OTHER CAPTIVE BIRDS

Textual Amendments

F187 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) [F188 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 [F189 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

F188 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)

F189 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

I29 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;

[F190 (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

F190 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

I30 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

I31 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.