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

[F1 PART 1B S INSTALLATION OF NON-DOMESTIC MICROGENERATION [F2 AND GENERATION] EQUIPMENT

Textual Amendments

F1 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)

F2 Words in Sch. 1 Pt. 1B heading inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(a) (with art. 2)

Class 6I.— [F3 (1) The installation, alteration or replacement of a ground source heat pump or a water source heat pump, and any associated equipment and underground pipes, within the curtilage of a non-domestic building.]

(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.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1 Pt. 1B Class 6I(1) substituted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(b)(i) (with art. 2)

F4 Sch. 1 Pt. 1B Class 6I(4) omitted (24.5.2024) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(b)(ii) (with art. 2)

F5 Sch. 1 Pt. 1B Class 6I(6) omitted (24.5.2024) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(b)(ii) (with art. 2)

[F6 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—

(a) if any part of the solar PV or solar thermal equipment installed would protrude more than 1 metre from the surface of the building,

(b) if the building is situated in a conservation area and the solar PV or solar thermal equipment would be located on—

(i) the principal elevation, or

(ii) a side elevation where that elevation fronts a road,

(c) on a listed building or within the curtilage of a listed building,

(d) within 3 kilometres of an aerodrome or technical site,

(e) within—

(i) a national scenic area,

(ii) a historic garden or designed landscape,

(iii) a National Park,

(iv) World Heritage Site.

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.]

Textual Amendments

F6 Sch. 1 Pt. 1B Class 6J substituted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(c) (with art. 2)

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.

[F7 Class 6N.— (1) The installation, alteration or replacement of free standing solar PV or free standing solar thermal equipment within the curtilage of a non-domestic building.

(2) Development is not permitted by this class—

(a) if the cumulative surface area of the solar PV or solar thermal equipment within the curtilage of the building would exceed 12 square metres,

(b) within a conservation area if any part of that development would be in the front curtilage of the building,

(c) within—

(i) a national scenic area,

(ii) 3 kilometres of an aerodrome or technical site,

(iii) the curtilage of a listed building,

(iv) a historic garden or designed landscape,

(v) a National Park,

(vi) a World Heritage Site,

(d) it would be development described in class 6J(1).

(3) Development is permitted by this class subject to the condition that that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

(4) In this class “front curtilage” means that part of the curtilage of the building forward of the principal elevation of the building.]

Textual Amendments

F7 Sch. 1 Pt. 1B Class 6N inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(d) (with art. 2)

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;

[F8 “free standing solar PV” means solar PV which is not installed on a building,]

[F8 “free standing solar thermal equipment” means solar thermal equipment which is not installed on 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;

[F9 “principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,]

[F9 “rear elevation” means the elevation of the building that is opposite its principal elevation,]

[F9 “side elevation” means the elevation of the building linking the principal elevation with the rear elevation,]

“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;

[F10 “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

F8 Words in Sch. 1 Pt. 1B inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(e)(i) (with art. 2)

F9 Words in Sch. 1 Pt. 1B inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(e)(ii) (with art. 2)

F10 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)