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

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Changes and effects yet to be applied to Article 3:

art. 3 modified by S.S.I. 2014/224 Sch. para. 1(1)
art. 3 modified by S.S.I. 2014/224 Sch. para. 1(2)
art. 3(1) words omitted by S.S.I. 2023/35 art. 3(2)
art. 3(8) words substituted by S.S.I. 2017/102 reg. 56(2)
art. 3(8)(a) words substituted by S.S.I. 2017/102 reg. 56(3)
art. 3(8)(b) words substituted by S.S.I. 2017/102 reg. 56(4)
art. 3(8)(c) words substituted by S.S.I. 2017/102 reg. 56(5)
art. 3(8A) words substituted by S.S.I. 2017/102 reg. 56(3)
art. 3(8A)(b)(i) words substituted by S.S.I. 2017/102 reg. 56(4)
art. 3(8B) words substituted by S.S.I. 2017/102 reg. 56(3)
art. 3(8B)(b) words substituted by S.S.I. 2017/102 reg. 56(4)
art. 3(8C) words substituted by S.S.I. 2017/102 reg. 56(3)
art. 3(9)(a) words substituted by S.S.I. 2017/102 reg. 56(3)
art. 3(9)(a) words substituted by S.S.I. 2017/102 reg. 56(4)
art. 3(9)(a) words substituted by S.S.I. 2017/102 reg. 56(5)
art. 3(9)(b) words substituted by S.S.I. 2017/102 reg. 56(6)
art. 3(10)(b) words substituted by S.S.I. 2017/114 reg. 52

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 1 Pt. 25B inserted by S.S.I. 2015/235 art. 3(4)
Sch. 1 Pt. 25C inserted by S.S.I. 2020/129 art. 3
Sch. 1 Pt. 2F inserted by S.S.I. 2020/269 art. 2(2)
Sch. 1 Pt. 2G inserted by S.S.I. 2020/437 art. 9
Sch. 1 Pt. 25D inserted by S.S.I. 2021/29 art. 2(3)
Sch. 1 Pt. 2D Class 9F(2A) inserted by S.S.I. 2023/35 art. 5(b)(iii)
Sch. 1 Pt. 2D Class 9F(4A) inserted by S.S.I. 2023/35 art. 5(b)(v)
Sch. 1 Pt. 2H 2I inserted by S.S.I. 2023/35 art. 7(1)
Sch. 1 Pt. 2A Class 9A(2)(h) inserted by S.S.I. 2024/102 art. 9(a)
Sch. 1 Pt. 2B Class 9C(2)(j) inserted by S.S.I. 2024/102 art. 10(a)
Sch. 1 Pt. 2C Class 9D(2)(f) inserted by S.S.I. 2024/102 art. 11(a)
Sch. 1 Pt. 2D Class 9E(3) omitted by S.S.I. 2023/35 art. 5(a)(ii)
Sch. 1 Pt. 2D Class 9E(4) omitted by S.S.I. 2023/35 art. 5(a)(ii)
Sch. 1 Pt. 2D Class 9F(3) omitted by S.S.I. 2023/35 art. 5(b)(iv)
Sch. 1 Pt. 2D Class 9F(4) omitted by S.S.I. 2023/35 art. 5(b)(iv)
Sch. 1 Pt. 2D Class 9E(5)(b) substituted by S.S.I. 2023/35 art. 5(a)(iii)
Sch. 1 Pt. 2D Class 9F(1) substituted by S.S.I. 2023/35 art. 5(b)(i)
Sch. 1 Pt. 2D Class 9F(5)(b) substituted by S.S.I. 2023/35 art. 5(b)(vi)
Sch. 1 Pt. 2I Class 9M substituted by S.S.I. 2024/102 art. 14
Sch. 1 Pt. 2D Class 9F(2)(a)(aa) substituted for Sch. 1 Pt. 2D Class 9F(2)(a) by S.S.I. 2023/35 art. 5(b)(ii)
Sch. 1 Pt. 2G Class 9J(3) word inserted by S.S.I. 2020/437, art. 9 (as inserted) by S.S.I. 2021/29 art. 4(2)
Sch. 1 Pt. 2A Class 9A(2)(f) word omitted by S.S.I. 2024/102 art. 9(a)
Sch. 1 Pt. 2B Class 9C(2)(h) word omitted by S.S.I. 2024/102 art. 10(a)
Sch. 1 Pt. 2C Class 9D(2)(d) word omitted by S.S.I. 2024/102 art. 11(a)
Sch. 1 Pt. 25D Class 72D(3)(b) word substituted by S.S.I. 2021/411 art. 2(2)(b)
Sch. 1 Pt. 2D words inserted by S.S.I. 2023/35 art. 5(c)(ii)
Sch. 1 Pt. 2D words omitted by S.S.I. 2023/35 art. 5(c)(i)
Sch. 1 Pt. 2A Class 9A(5) words omitted by S.S.I. 2024/102 art. 9(b)
Sch. 1 Pt. 2B Class 9C(4)(b) words omitted by S.S.I. 2024/102 art. 10(b)
Sch. 1 Pt. 2C Class 9D(4)(b) words omitted by S.S.I. 2024/102 art. 11(b)
Sch. 1 Pt. 2F Class 9H(4) words omitted by S.S.I. 2024/102 art. 12
Sch. 1 Pt. 2G words omitted by S.S.I. 2024/102 art. 13
Sch. 1 Pt. 25C Class 72C(3)(b) words substituted by S.S.I. 2020/366 art. 2(2)
Sch. 1 Pt. 25C Class 72C(3)(b) words substituted by S.S.I. 2021/29 art. 2(2)
Sch. 1 Pt. 25C Class 72C(3)(b) words substituted by S.S.I. 2021/411 art. 2(2)(a)
Sch. 1 Pt. 2A Class 9A(5) words substituted by S.S.I. 2023/35 art. 4(a)
Sch. 1 Pt. 2A Class 9B(5) words substituted by S.S.I. 2023/35 art. 4(b)
Sch. 1 Pt. 2D Class 9E(1) words substituted by S.S.I. 2023/35 art. 5(a)(i)
Sch. 1 Pt. 2F Class 9H(4) words substituted by S.S.I. 2023/35 art. 6
reg. 2(1) words inserted by S.I. 2017/524 Sch. 5 para. 71
art. 3(4A) added by S.I. 1992/2094 art.2(b)
art. 3(4A)(c) inserted by S.S.I. 2018/142 art. 4(a)
art. 3(4B)-(4D) inserted by S.S.I. 2018/142 art. 4(b)
art. 4(6)(ab) inserted by S.S.I. 2020/437 art. 5(b)
art. 4(6A) inserted by S.S.I. 2020/437 art. 5(c)
art. 7ZA-7ZE inserted by S.S.I. 2017/189 art. 5

Permitted developmentS

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 [F5public gas transporter] in accordance with Class 39 of Schedule 1] [F6; 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.]

F7(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.

F8(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9[F10(8) Subject to paragraph (10), Schedule 1 development or Schedule 2 development within the meaning of [F11the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011] (“the EIA Regulations”) is not permitted by this Order unless–

(a)the planning authority have adopted a screening opinion under [F12regulation 6] of those Regulations that the development is not EIA development [F13within the meaning of those Regulations];

(b)the Scottish Ministers have made a screening direction under [F14regulation 5(10) or 7(4)] of those Regulations that the development is not EIA development [F15within the meaning of those Regulations]; or

(c)the Scottish Ministers have given a direction under [F16regulation 5(4)] of those Regulations that the development is exempted from the application of these Regulations.

[F17(8A) Where it appears to the planning authority that—

(a)an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 1 development within the meaning of the EIA Regulations; and

(b)the development—

(i)has not been the subject of a screening opinion under regulation 6 of those Regulations or a screening direction under regulation 5(10) or 7(4) of those Regulations; or

(ii)has been the subject of such a screening opinion or direction to the effect that it is not EIA development within the meaning of those Regulations,

the planning authority must adopt a screening opinion under regulation 6 of those Regulations in respect of the development to which the application relates.

(8B) Where it appears to the planning authority that—

(a)an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 2 development within the meaning of the EIA Regulations; and

(b)the development may have significant effects on the environment that have not previously been identified (whether in an earlier screening opinion under regulation 6 of those Regulations or a screening direction under regulation 5(10) or 7(4) of those Regulations, or because the development has not been the subject of such a screening opinion or direction),

the planning authority must adopt a screening opinion under regulation 6 of those Regulations in respect of the development to which the application relates.

(8C) A screening opinion adopted under regulation 6 of the EIA Regulations in pursuance of paragraph (8A) or (8B) supersedes the terms of an earlier screening opinion or direction in relation to the development.]

(9) Where–

(a)the planning authority have adopted a screening opinion pursuant to [F18regulation 6] of the EIA Regulations that development is EIA development and the Scottish Ministers have in relation to that development neither made a screening direction to the contrary under [F19regulation 5(10) or 7(4)] of those Regulations nor directed under [F20regulation 5(4)] of those Regulations that the development is exempted from the application of those Regulations; or

(b)the Scottish Ministers have directed [F21under regulation 5(10) or (11), 7(4) or 45 of the EIA Regulations] that development is EIA development,

that development shall be treated, for the purposes of paragraph (8), as development which is not permitted by this Order.]

(10) [F22Paragraphs (8), (8A) and (8B) do] not apply to–

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)development which consists of the carrying out of drainage works to which Part [F24IV of the Environmental Impact Assessment (Scotland) Regulations 1999] applies;

F25(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)development for which permission is granted by Part 7, Class 26 of Part 8, Part 11, Class 39(1)(a) of Part 13, Class 58 of Part 17 F26... of Schedule 1;

(e)development for which permission is granted by Class 54 of Part 15, Class 59 or 60 of Part 17 F27... of Schedule 1 provided that the development is to be carried out–

(i)in the case of Class 54 of Part 5 on the same land or, as the case may be, on land adjoining that land;

(ii)in the case of Class 59 or 60 of Part 17, on the same authorised site;

F28(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as that on which development of any description permitted by the same Class has been carried out before [F291st August 1999];

(f)the completion of any development begun before [F291st August 1999].]

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)

F5Words in art. 3(5)(b) substituted (1.3.1996) by The Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996 (S.I. 1996/252), art. 1, Sch.

F6Art. 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)