2009 No. 51
The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009
Made
Coming into force
The Scottish Ministers make the following Regulations, in exercise of the powers conferred by section 26A(2) of the Town and Country Planning (Scotland) Act 19971 and of all other powers enabling them to do so.
In accordance with section 26A(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and come into force on 6th April 2009.
2
In these Regulations–
“the Act” means the Town and Country Planning (Scotland) Act 1997;
“industrial process” means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to–
- 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 dressing or treatment of minerals;
- a
“site” means the land to which development relates.
Hierarchy of Developments2
1
The classes of development belonging to the category of major developments are–
a
development described in Column 1 of the table in the Schedule, where any applicable threshold or criterion in the corresponding part of Column 2 of that table is met or exceeded in relation to that development; and
b
any change to or extension of development of a class described in paragraphs 2 to 9 of Column 1 of that table where such a change or extension in itself meets or exceeds the appropriate threshold or criterion for that class of development.
2
All development other than national developments2 and major developments belongs to the category of local developments.
SCHEDULEMajor Developments
Description of development | Threshold or criterion |
---|---|
| |
Development of a description mentioned in Schedule 1 to the Environmental Impact Assessment (Scotland) Regulations 19993 (other than exempt development within the meaning of those Regulations). | All development. |
| |
Construction of buildings, structures or erections for use as residential accommodation. |
|
| |
Construction of a building, structure or other erection for use for any of the following purposes–
|
|
| |
Construction of an electricity generating station. | The capacity of the generating station is or exceeds 20 megawatts. |
| |
Construction of facilities for use for the purpose of waste management or disposal. | The capacity of the facility is or exceeds 25,000 tonnes per annum. In relation to facilities for use for the purpose of sludge treatment, a capacity to treat more than 50 tonnes (wet weight) per day of residual sludge. |
| |
Construction of new or replacement roads, railways, tramways, waterways, aqueducts or pipelines. | The length of the road, railway, tramway, waterway, aqueduct or pipeline exceeds 8 kilometres. |
| |
The placing or assembly of equipment for the purpose of fish farming within the meaning of section 26(6) of the Act. | The surface area of water covered is or exceeds 2 hectares. |
| |
Extraction of minerals. | The area of the site is or exceeds 2 hectares. |
| |
Any development not falling wholly within any single class of development described in paragraphs 1 to 8 above. |
|
(This note is not part of the Regulations)