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

Permitted development S

3.—(1) Subject to the provisions of this Order [F1 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 F2 ... 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

F3 (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.

[F4 (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.

[F5 (c) in the case of a permission granted in connection with an existing fish farm, the placement or assembly of equipment forming that fish farm is unlawful.]]

[F6 (4B) Paragraph (4A)(c) does not apply where—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) any development other than development permitted by [F7 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;

[F8 (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 [F9 public gas transporter] in accordance with Class 39 of Schedule 1] [F10 ; 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.]

F11 (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.

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 [F14 (8) Subject to paragraph (10), Schedule 1 development or Schedule 2 development within the meaning of [F15 the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017] (“the EIA Regulations”) is not permitted by this Order unless–

(a) the planning authority have adopted a screening opinion under [F16 regulation 8] of those Regulations that the development is not EIA development [F17 within the meaning of those Regulations];

(b) the Scottish Ministers have made a screening direction under [F18 regulation 7(4) or 10] of those Regulations that the development is not EIA development [F19 within the meaning of those Regulations]; or

(c) the Scottish Ministers have given a direction under [F20 regulation 6(4) or (6)] of those Regulations that the development is exempted from the application of these Regulations.

[F21 (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 [F22 regulation 8] of those Regulations or a screening direction under [F23 regulation 7(4) or 10] of those Regulations; or

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

the planning authority must adopt a screening opinion under [F22 regulation 8] of those Regulations in respect of the development to which the application relates.

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

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

(b) the development may have significant effects on the environment that have not previously been identified (whether in an earlier screening opinion under [F24 regulation 8] of those Regulations or a screening direction under [F25 regulation 7(4) or 10] of those Regulations, or because the development has not been the subject of such a screening opinion or direction),

the planning authority must adopt a screening opinion under [F24 regulation 8] of those Regulations in respect of the development to which the application relates.

(8C) A screening opinion adopted under [F26 regulation 8] of the EIA Regulations in pursuance of paragraph (8A) or (8B) supersedes the terms of an earlier screening opinion or direction in relation to the development.]

(9) Where–

(a) the planning authority have adopted a screening opinion pursuant to [F27 regulation 8] of the EIA Regulations that development is EIA development and the Scottish Ministers have in relation to that development neither made a screening direction to the contrary under [F28 regulation 7(4) or 10] of those Regulations nor directed under [F29 regulation 6(4) or (6)] of those Regulations that the development is exempted from the application of those Regulations; or

(b) the Scottish Ministers have directed [F30 under [F31 regulation 7(4), 10 or 50] of the EIA Regulations] that development is EIA development,

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

(10) [F32 Paragraphs (8), (8A) and (8B) do] not apply to–

F33 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) development which consists of the carrying out of drainage works to which [F34 the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017] applies;

F35 (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 F36 ... of Schedule 1;

(e) development for which permission is granted by Class 54 of Part 15, Class 59 or 60 of Part 17 F37 ... 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;

F38 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as that on which development of any description permitted by the same Class has been carried out before [F39 1st August 1999];

(f) the completion of any development begun before [F39 1st August 1999].]

Textual Amendments

F1 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)

F2 Words in art. 3(1) omitted (31.3.2023) by virtue of The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023 (S.S.I. 2023/35), arts. 1, 3(2) (with art. 2)

F3 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)

F4 Art. 3(4A) inserted (25.9.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1992 (S.I. 1992/2084), arts. 1, 2(b)

F5 Art. 3(4A)(c) inserted (1.7.2018) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 4(a) (with art. 2)

F6 Art. 3(4B)-(4D) inserted (1.7.2018) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (S.S.I. 2018/142), arts. 1, 4(b) (with art. 2)

F7 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)

F8 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)

F9 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.

F10 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)

F11 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)

F12 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)

F13 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)

F14 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)

F15 Words in art. 3(8) substituted (16.5.2017) by virtue of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(2) (with regs. 2(10), 38, 39, 40, 60(7))

F16 Words in art. 3(8)(a) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F17 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)

F18 Words in art. 3(8)(b) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(4) (with regs. 2(10), 38, 39, 40, 60(7))

F19 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)

F20 Words in art. 3(8)(c) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(5) (with regs. 2(10), 38, 39, 40, 60(7))

F21 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)

F22 Words in art. 3(8A) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F23 Words in art. 3(8A)(b)(i) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(4) (with regs. 2(10), 38, 39, 40, 60(7))

F24 Words in art. 3(8B) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F25 Words in art. 3(8B)(b) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(4) (with regs. 2(10), 38, 39, 40, 60(7))

F26 Words in art. 3(8C) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F27 Words in art. 3(9)(a) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(3) (with regs. 2(10), 38, 39, 40, 60(7))

F28 Words in art. 3(9)(a) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(4) (with regs. 2(10), 38, 39, 40, 60(7))

F29 Words in art. 3(9)(a) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(5) (with regs. 2(10), 38, 39, 40, 60(7))

F30 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)

F31 Words in art. 3(9)(b) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 56(6) (with regs. 2(10), 38, 39, 40, 60(7))

F32 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)

F33 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

F34 Words in art. 3(10)(b) substituted (16.5.2017) by The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/114), regs. 1, 52 (with regs. 3, 28, 40, 49(4), 50(3), 51(3))

F35 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

F36 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)

F37 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)

F38 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)

F39 Words in art. 3(10)(e)(f) substituted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(5)(c)

Modifications etc. (not altering text)

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

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

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

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

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

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

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

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

Commencement Information

I1 Art. 3 in force at 13.3.1992, see art. 1(4)