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

[F1 PART 23 S DEMOLITION OF BUILDINGS

Textual Amendments

F1 Sch. 1 Pt. 23 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), 9

Class 70.— (1) A building operation consisting of the demolition of a building.

(2) Development is not permitted by this class if—

(a) a building has been rendered unsafe or uninhabitable by the action or inaction of any person having an interest in the land on which the building stands; and

(b) it is practicable to secure safety or health by works of repair or works for affording temporary support.

(3) Development is permitted by this class subject to the following conditions:—

(a) where demolition of the building is urgently necessary in the interests of safety or health the developer shall, as soon as reasonably practicable, give the planning authority a written justification for the demolition;

(b) where the demolition [F2 is demolition of a qualifying building,] does not fall within condition (a) and is not excluded demolition—

(i) the developer shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the method of the proposed development and any proposed restoration of the site;

(ii) the application shall be accompanied by a written description of the proposed development F3 ... and any fee required to be paid;

F4 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) the development shall not be begun before the occurrence of one of the following:—

(aa) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb) where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc) the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(v) the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details submitted with the application;

(vi) the development shall be carried out—

(aa) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb) in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (b)(ii).

Textual Amendments

F2 Words in Sch. 1 Pt. 23 Class 70(3)(b) inserted (21.11.2011) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(2), 2(12)(a)

F3 Words in Sch. 1 Pt. 23 Class 70(3)(b)(ii) omitted (21.11.2011) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(2), 2(12)(b)

F4 Sch. 1 Pt. 23 Class 70(3)(b)(iii) omitted (21.11.2011) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(2), 2(12)(c)

Interpretation of Part 23    For the purposes of Part 23—

• “building” does not include part of a building;

• “excluded demolition” means demolition—

  (a)

  on land which is the subject of a planning permission for the redevelopment of the land—

  (i)

  granted under Part III of the Act (except under article 3 of, and this Schedule to, this Order), or

  (ii)

  deemed to be granted under that Part of that Act,

  where the demolition is necessary in order to implement that planning permission, or

  (b)

  required or permitted to be carried out by or under any enactment, or

  (c)

  required to be carried out by any provision of an agreement made under section 50 of the Act];

• [F5 “qualifying building” means—

  (a)

  a dwellinghouse;

  (b)

  a building containing one or more flatted dwellings; or

  (c)

  a building having a mutual wall with, or having a main wall adjoining the main wall of a dwellinghouse or a building containing one or more flatted dwellings,

  but for the purposes of this definition—

  (i)

  a building is not to be regarded as a dwellinghouse or as containing one or more flatted dwellings if use as a dwelling is ancillary to any non-residential use of that building or other buildings on the same site; and

  (ii)

  each house in a pair of semi-detached houses and every house in a row of terrace houses (whether or not, in either case, the house is in residential use) is to be regarded as a building.]

Textual Amendments

F5 Words in Sch. 1 Pt. 23 inserted (21.11.2011) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(2), 2(12)(d)