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

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 [F1 (including any Act of the Scottish Parliament)] passed after 1st July 1948 or by any Order requiring the approval of both Houses of Parliament [F2 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 [F3 , but this is subject to paragraph (6A)]; or

(b) the carrying out of development comprising any of the following operations by a statutory undertaker, unless the direction specifically so provides:—

(i) maintenance of bridges, buildings and railway stations;

(ii) alteration and maintenance of railway track, and provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;

(iii) maintenance of docks, harbours, quays, wharves, canals and towing paths;

(iv) provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, quay, harbour, bank, wharf or basin;

(v) any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;

(vi) maintenance of buildings, runways, taxiways, or aprons at an aerodrome;

(vii) provision, alteration and maintenance of equipment, apparatus and works at an aerodrome, required in connection with the movement of traffic by air but excepting buildings, the construction, erection, reconstruction or alteration of which is permitted by Class 44 of Schedule 1.

[F4 (6A) No direction given or having effect under this article shall have effect in relation to the carrying out of development consisting of the installation, alteration or replacement of a Regulation 2020/1070 small cell system.]

(7) A direction shall come into force on the date on which notice thereof is first published under article 5(1) or in a case where notice is served in accordance with article 5(4) when such notice is served on the occupier or if there is no occupier on the owner.

(8) A direction by a planning authority shall be in the form set out at Schedule 3 (or in a form substantially to the like effect).

Textual Amendments

F1 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)

F2 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)

F3 Words in art. 4(6)(a) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 5(a) (with art. 2)

F4 Art. 4(6A) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 5(c) (with art. 2)

Commencement Information

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