The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011

Made: 12th October 2011

Laid before the Scottish Parliament: 14th October 2011

Coming into force in accordance with article 1(2) and (3)

The Scottish Ministers make the following Order in exercise of the powers conferred by sections30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order2011.

• (2) With the exception of those articles mentioned in paragraph (3), this Order comes into force on 21stNovember 2011.

• (3) Articles 2(2)(b), (4), (5), (7) to (9) and (11) and 3 come into force on 6th February 2012.

• (4) In this Order “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992[^f00002].

Amendment of the 1992 Order

2

• (1) The 1992 Order is amended in accordance with paragraphs (2) to (12).

• (2) In article 2 (interpretation)—

• (a) in paragraph (1) omit the definition of “Procedure Order”; and

• (b) in paragraph (2) for “Any” substitute “Except where a contrary intention appears, any”.

• (3) After article 7 insert—

(7A) (1) A planning authority must give notice in accordance with this article that an application for a determination made under sub-paragraph (3)(b)(i) of class 70 (a building operation consisting of the demolition of a building) of Schedule 1 has been made. (2) Notice under paragraph (1) is to be given where there are premises situated on the neighbouring land to which the notice can be sent to the owner, lessee or occupier of such premises, by sending a notice addressed to “the Owner, Lessee or Occupier” to such premises. (3) The notice to be given in accordance with paragraph (2) must— (a) state the date on which the notice is sent; (b) state the name of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent; (c) include any reference number given to the application by the planning authority; (d) include a description of the demolition to which the application relates; (e) include the postal address of the land to which the demolition relates, or if the land in question has no postal address, a description of the location of the land; (f) state how the application and other documents submitted in connection with it may be inspected; (g) state that representations may be made to the planning authority regarding the method of demolition and proposed restoration of the site; and (h) include information as to how and by which date (being a date not earlier than 14days after the date on which the notice is sent) such representations may be made. (4) In this article “neighbouring land” means an area or plot of land which, or part of which, is conterminous with or within 20 metres of the boundary of the land for which the development is proposed.

• (4) For Part I (development within the curtilage of a dwellinghouse) of Schedule 1 substitute Parts 1 and 1ZA in the Schedule to this Order.

• (5) In Part 1A (installation of domestic microgeneration equipment) of Schedule 1—

• (a) omit classes 6A and 6B (solar PV or solar thermal equipment); and

• (b) in the interpretation section, omit the definitions of “free-standing solar” and “solar PV”.

• (6) In the interpretation section of Part 1B of Schedule 1, after the definitions of “significant extension” and “significant alteration” insert—

• “solar PV” means solar photovoltaics;

• (7) In class 7 (gates, fences, walls or other means of enclosure) of Part 2 of Schedule 1, at the end of sub-paragraph (2)(d) insert—

or (e) it would be development described in class 3E(1)

• (8) In class 8 (means of access) of Part 2 of Schedule 1, for “Class 7” substitute “classes 3E or 7”.

• (9) In class 9 (the stone cleaning or painting of the exterior of any building or works) of Part 2 of Schedule 1, after sub-paragraph (2)(c) insert—

or (d) it would be development described in class 2B(1).

• (10) In class67 (development by telecommunications code operators) of Part 20 of Schedule1—

• (a) in paragraph (1) after “controlled by that operator” insert “or in accordance with the electronic communications code,”; and

• (b) in sub-paragraph(6)(d) for “telecommunications purposes” substitute “electronic communication purposes”.

• (11) In class 68 (microwave antenna) of Part 21 of Schedule 1, after paragraph (2)(a) insert—

(aa) the development is permitted by class 4A(1);

• (12) In class 70 (a building operation consisting of the demolition of a building) of Part 23 of Schedule 1—

• (a) in sub-paragraph (3)(b) after “demolition” where it first appears insert “is demolition of a qualifying building,”;

• (b) in sub-paragraph (3)(b)(ii) omit “, a certificate stating that neighbour notification procedure has been carried out in accordance with sub-paragraph (iii) below”;

• (c) omit sub-paragraph (3)(b)(iii); and

• (d) in the interpretation section, after the definition of “excluded demolition” insert—

• “qualifying building” means— a dwellinghouse; a building containing one or more flatted dwellings; or 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— 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 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.

Transitional provision and saving provision

3

• (1) Classes 1A to 1D, 2A, 2B, 3A to 3E and 4A of Parts 1 and 1ZA of Schedule 1 to the 1992 Order, as substituted by article 2 of this Order, do not apply to any development initiated[^f00003] before 6thFebruary 2012 and completed before 31stAugust 2012, and the provisions of Part 1 of Schedule 1 to the 1992 Order shall continue to have effect with regard to such development as they did immediately before 6thFebruary 2012.

• (2) Development described in classes 1A(1), 1B(1), 1C(1), 1D(1), 2A(1), 2B(1), 3A(1), 3B(1), 3C(1), 3D(1), 3E(1) and 4A(1) of Parts 1 and 1ZA of Schedule 1 to the 1992 Order, as substituted by article 2 of this Order, is not permitted where—

• (a) immediately before 6thFebruary 2012 article 3 of the 1992 Order did not apply to that development by virtue of a direction made under article 4 of that Order; and

• (b) that direction has not subsequently been cancelled by the Scottish Ministers or the planning authority under article 6 of the 1992 Order.

SCHEDULE

Signed

AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 12th October 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the principal Order”). Article 2 changes the classes of development which are permitted within the curtilage of a dwellinghouse and to certain buildings containing flats. Article 2 also amends the principal Order as it applies to demolition and telecommunications.

Article 2 (4) substitutes Part 1 of the Schedule to the principal Order, which identifies the categories of development within the curtilage of a dwellinghouse which may be carried out without having to apply for planning permission. Article 2(4) also adds a new Part 1ZA to that Schedule, which identifies development which is permitted with respect to certain flats. The new classes of permitted development are subject to a number of limitations and conditions.

In Part 1 of the Schedule to the principal Order—

• class 1A deals with single storey ground floor extensions, class 1B with other ground floor extensions, class 1C with porches and class 1D with roof extensions;

• class 2A deals with access ramps and class 2B with other development on the roof or external walls of a dwellinghouse which does not increase its internal volume;

• class 3A deals with ancillary buildings within the curtilage of a dwellinghouse and class 3B with other development required for a purpose incidental to the enjoyment of the dwellinghouse; class 3C with hard surfaces, class 3D with decks or other raised platforms and class 3E with gates, fences, walls and other means of enclosure.

In Part 1ZA of the Schedule to the principal Order class 4A deals with alterations to the external appearance of a dwelling within a building containing flats.

Article 2 (2)(a), (3) and (12) amends the provisions of the principal Order which apply to permitted development for demolition of buildings.

Article 2 (6) inserts a definition of “solar PV” into Part 1B of Schedule 1 to the principal Order.

Article 2 (10) extends the development permitted under class67 to include certain work to electronic communications apparatus carried out by an operator in accordance with the Electronic Communications Code.

Article 3 provides that the new classes of permitted development do not apply in respect of development started before 6thFebruary 2012 and finished within 6 months of that date. It also saves directions made under article 4 of the 1992 Order, by providing that development rights permitted by article 3 of that Order will continue to have effect in the form they are in immediately before 6thFebruary 2012.

A Business and Regulatory Impact Assessment has been prepared in relation to this Order and has been placed in the Scottish Parliament Information Centre. Copies can be obtained free of charge from the Scottish Government Planning Directorate, Area2H, Victoria Quay, Edinburgh, EH6 6QQ.

Footnotes

[^f00001]: 1997 c.8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: S.I. 1992/223; relevantly amended by S.I. 1992/1078 and 2084, 1994/3294, 1996/3023 and 2003/2155 and S.S.I. 2001/266, 2004/32, 2006/270 and 2007/209.

[^f00003]: Section 27 of the Town and Country Planning (Scotland) Act 1967 describes when development is initiated.