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3.—(1) The requirements of section 41B(1) of the Act do not apply unless the relevant part of the building, structure or erection which is the subject of the application for planning permission—
(a)has a floor area of more than 5,000 square metres, or
(b)can be used for specified purposes by more than 1,000 people at a single time.
(2) In this regulation—
“relevant part” means—
if the whole building, structure or erection is to be used for specified purposes, the whole building, structure or erection,
if the whole building, structure or erection is not to be used for specified purposes, only such part or parts of the building, structure or erection which are to be used for specified purposes,
“specified purposes” means one or more of the purposes specified in section 41B(2) of the Act,
“floor area” means the total floor space in a building taking each floor into account but excluding any area where the headroom measures less than 1.5 metres.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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