3.—(1) Subject to the provisions of this Order [F1and regulations 60 to 63 of the Conservation (Natural Habitats, & c.) Regulations 1994], planning permission is hereby granted for the development or class of development specified and printed in heavy type in sub-paragraph (1) of any paragraph of Schedule 1 or where any such paragraph is not divided into subparagraphs in that paragraph.
(2) Any development or class of development permitted under paragraph (1) above is subject to—
(a)any limitation or condition specified in the sub-paragraphs subsequent to subparagraph (1) in each paragraph in Schedule 1; and
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) References in this Order to permission granted by Schedule 1 or by any Part, class, paragraph or sub-paragraph of that Schedule is a reference to the permission granted by this article in relation to development specified in that Schedule or in that provision of that Schedule.
(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.
(5) The permission granted by Schedule 1 shall not authorise the following—
(a)any development other than development permitted by [F3Parts 9, 11 and 24 and Class 31] of Schedule 1, which requires or involves the formation, laying out or material widening of a means of access to an existing road which is a trunk road or a classified road or creates an obstruction to the view of persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons;
[F4(b)the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a public gas supplier in accordance with Class 39 of Schedule 1] [F5; or
(c)any development, other than development permitted by Part 23 of Schedule 1, which requires or involves the demolition of a building but in this paragraph “building” does not include part of a building.]
F6(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Any development falling within Part 11 of Schedule 1 authorised by an Act or order subject to the grant of any consent or approval shall not be treated for the purpose of this Order as authorised unless and until that consent or approval is obtained, except where the Act was passed or the order made after 1st July 1948 and it contains provision to the contrary.
F7(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in art. 3(1) inserted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 3(a)
F2Art. 3(2)(b) revoked (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 3(a)
F3Words in art. 3(5)(a) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 3(b)
F4Art. 3(5)(b) substituted for art. 3(5)(b)(c) (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 3(b)
F5Art. 3(5)(c) and word inserted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 3(c)
F6Art. 3(6) revoked (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 3(c)
F7Art. 3(8) revoked (1.5.1993) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1993 (S.I. 1993/1036), arts. 1(1), 3(c)
Commencement Information