Article 2
1. In section 216(8)(1) of the Town and Country Planning (Scotland) Act 1997 (cases in which land is to be treated as not being operational land)—
(a)for “the Civil Aviation Authority” there shall be substituted—
“(a)the Civil Aviation Authority;
(b)a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000; or
(c)a company associated with such a person,” and
(b)after “the Authority” there shall be inserted, “person or company”.
2. In the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, in regulation 2 (interpretation)(2)—
(a)in paragraph (1) in the definition of “statutory undertakers” and “statutory undertaking” after the “Civil Aviation Authority,” there shall be inserted “a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 (air traffic services),”; and
(b)after paragraph (1) there shall be inserted—
“(1A) For the purposes of these Regulations—
(a)a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence; and
(b)the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.”.
3. In the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 in Schedule 1 (classes of permitted development)(3), in Part 14 (aviation development)—
(a)the heading and content of class 45 (air navigation development at an airport) shall be substituted by—
Class 45. The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with the provision of air traffic services.”;
(b)the heading and content of class 46 (air navigation development near an airport) shall be substituted by—
Class 46. —
(1) The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with the provision of air traffic services.
(2) Development is not permitted by this class if—
(a)any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;
(b)any building erected would exceed a height of 4 metres; or
(c)it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.”;
(c)the heading and content of class 47 (development by Civil Aviation Authority within an airport) shall be substituted by—
Class 47. The carrying out by an air traffic services licence holder or its agents within the perimeter of an airport of development in connection with the provision of air traffic services.”;
(d)the heading and content of class 48 (development by Civil Aviation Authority for air traffic control and navigation) shall be substituted by—
Class 48.—(1) The carrying out on operational land of an air traffic services licence holder by that licence holder or its agents of development in connection with the provision of air traffic services.
(2) Development is not permitted by this class if—
(a)any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;
(b)any building erected would exceed a height of 4 metres; or
(c)it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.”;
(e)the heading and content of class 49 (development by Civil Aviation Authority in emergency) shall be substituted by—
Class 49.—(1) The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus.
(2) Development is permitted by this class subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.”;
(f)the heading and content of class 50 (development by Civil Aviation Authority for air traffic control etc.) shall be substituted by—
Class 50.—(1) The use of land by or on behalf of an air traffic services licence holder to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purpose of that use.
(2) Development is permitted by this class subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.”; and
(g)in the interpretation of Part 14 before the definition of “operational building” there shall be inserted—
““air traffic services” has the same meaning as in section 98 of the Transport Act 2000 (air traffic services);
“air traffic services licence holder” means a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000;”.