The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1996

Statutory Instruments

1996 No. 1266 (S.124)

TOWN AND COUNTRY PLANNING, SCOTLAND

The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1996

Made

7th May 1996

Laid before Parliament

20th May 1996

Coming into force

10th June 1996

The Secretary of State, in exercise of the powers conferred on him by sections 21 and 273 of the Town and Country Planning (Scotland) Act 1972(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1996 and shall come into force on 10th June 1996.

(2) In this Order “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992(2).

Amendment to the 1992 Order

2.  After Part 24 of Schedule 1 to the 1992 Order(3) insert—

“PART 25 CLOSED CIRCUIT TELEVISION CAMERAS

Class 72.— (1) The installation, alteration or replacement on any building or other structure of a closed circuit television camera for security purposes.

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

(a) the development is in a conservation area or a national scenic area;

(b) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(c) any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level;

(d) any part of the camera would, when installed, altered or replaced, protrude from the surface of the building or structure by more than one metre when measured from the surface of the building or structure;

(e) any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building or structure at a point which is more than one metre from any other point of contact;

(f) any part of the camera would be less than 10 metres from any part of another camera installed on a building or structure;

(g) the development would result in the presence of more than four cameras on the same side of the building or structure; or

(h) the development would result in the presence of more than 16 cameras on the building or structure.

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

(a) the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is situated;

(b) the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes;

(c) the field of vision of the camera shall, so far as practicable, not extend beyond the boundaries of the land upon which the building or structure is erected or of any area which adjoins that land and to which the public have access.

(4) For the purposes of this class—

“camera”, except in paragraph (2)(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets.”.

George Kynoch

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

7th May 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 by adding a new Part 25 to Schedule 1 to grant permitted development rights for the installation, alteration or replacement on a building or other structure of a closed circuit television camera for security purposes. Conditions are attached relating to the size and number of cameras permitted, their field of vision and their positioning. A camera must be sited so as to minimise its effect on the external appearance of the building or structure and must be removed after it is no longer required for security purposes.

(1)

1972 c. 52; section 21 was extended by the Local Government, Planning and Land Act 1980 (c. 65), section 148(2) and amended by the Telecommunications Act 1984 (c. 12), Schedule 4, paragraph 54(2); section 21(1) to (3) was substituted by the Planning and Compensation Act 1991 (c. 34), Schedule 13, paragraph 5; section 21(5) was amended by the Local Government (Scotland) Act 1973 (c. 65), section 172(2).

(2)

S.I. 1992/223; amended by S.I. 1992/1078 and 2084, 1993/1036 and 1994/1442, 2586 and 3294 and as read with Part IV of S.I. 1994/2716.

(3)

Part 24 was added by S.I. 1994/3294.