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

Directions restricting development in respect of minerals under class 54 or 66 S

7.—(1) If, on receipt of a notification from any person that he proposes to carry out development within class 54 or 66 in Schedule 1 to this Order, a planning authority are satisfied as mentioned in paragraph (2) below they may, within 21 days beginning with receipt of the notification, direct that the permission granted by article 3 of this Order shall not apply to the development, or to such part of the development as is specified in the direction.

(2) The planning authority may make a direction under this article if they are satisfied that it is expedient that the development, or any part of the development, should not be carried out unless permission for the development is granted on an application because—

(a) the land on which the development is to be carried out is within—

(i) a national scenic area;

(ii) a site of archaeological interest;

(iii) a site of special scientific interest;

(b) the development, either taken by itself or taken in conjunction with other develop ment which is already being carried out in the area or in respect of which notification has been given in pursuance of the provisions of Class 54 or 66 of Schedule 1 to this order, would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a category A listed building;

(c) the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or

(d) the development would endanger aircraft using a nearby aerodrome.

(3) A direction made under this article shall contain a statement as to the day on which, if it is not disallowed under paragraph (5) below, it will come into force, which shall be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4) below.

(4) As soon as is reasonably practicable a copy of a direction under this article shall be sent by the planning authority to the Secretary of State and to the person who gave notice of the proposal to carry out development.

(5) The Secretary of State may, at any time within a period of 28 days beginning on the day on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Secretary of State that he has disallowed the direction, the planning authority shall give notice in writing to the person who gave notice of the proposal that he is authorised to proceed with the development.

(6) Any direction made by a planning authority in accordance with this article may be cancelled by a subsequent direction made by the planning authority and the foregoing article shall apply to the making of such cancelling direction in the same way as it would apply to the making of the direction being revoked.

(7) For the purposes of this article “category A listed building” means a listed building within the meaning of section 52(7) of the Act(1) specified as being category A in a list of buildings compiled or approved and amended as the case may be by the Secretary of State in accordance with that provision(2) as at the date of coming into force of the Order.

Commencement Information

I1 Art. 7 in force at 13.3.1992, see art. 1(4)

(1)

Section 52(7) of the Act was amended by the Housing and Planning Act 1986 (c. 63), Schedule 9, paragraph 13(1).

(2)

These lists are held at the Offices of Historic Scotland, 20 Brandon Street, Edinburgh EH3 5RA and also within the offices of a general planning authority or district planning authority in respect of their district, where they may be inspected by the public.