Regulation 58
1. In section 26 of the Town and Country Planning (Scotland) Act 1997 M1 (meaning of “development”) in subsection (2A)—
(a)omit “irrigation or”; and
(b)at the end insert “ , but does not include the carrying out of irrigation work ”.
2. In Schedule 1, Part 6 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 M2, in paragraph (1) of Class 18A (water management)—
(a)omit “irrigation or”; and
(b)at the end insert “ , but not including the carrying out of irrigation work ”.
Marginal Citations
3. In column 1 of the table in Schedule 2 to the Environmental Impact Assessment (Scotland) Regulations 1999 M3 at “1. Agriculture and aquaculture”, in entry (b) for “irrigation and land drainage projects” substitute “ drainage projects, but excluding irrigation projects ”.
Marginal Citations
4. In column 2 of the table referred to in paragraph 3, at “1. Agriculture and aquaculture” omit—S
(a)entries (i) and (ii); and
(b)the words “and for the purposes of this entry, “agricultural land” and “agricultural unit” have the same meaning as in Part 6 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992”,
and replace with “The area of the works exceeds one hectare”.
5. Nothing in paragraphs 1 to 4 will affect the continued operation of any of the provisions amended by them, as such provisions relate to—
(a)any application lodged with, or received by, a planning authority or the Scottish Ministers prior to the commencement of these Regulations, or any appeal in relation to such an application;
(b)any matter in relation to which an enforcement notice has been issued prior to the commencement of these Regulations; or,
(c)the completion of any permitted development begun before the commencement date of these Regulations.