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

Type Statutory-Instrument

Publication 1992-02-11

Last updated 2026-04-02

State In force

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Made: 11th February 1992

Laid before Parliament: 21st February 1992

Coming into force: 13th March 1992

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[^f00001] and paragraph 54(2)(b) of Schedule 4 of the Telecommunications Act 1984[^f00002] and of all other powers enabling him in that behalf, hereby makes the following Order:

PART 1 — INTRODUCTORY

Application, citation and commencement

1

(1) This Order shall apply to all land in Scotland.

(2) If a special development order is made, or has been made before the commencement of this Order, in relation to any land this Order shall apply thereto to such extent only and subject to such modifications as may be specified in the special order.

(3) Nothing in this Order shall apply to any permission which is deemed to be granted by virtue of section 62 of the Act.

(4) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and shall come into force on 13th March 1992.

Interpretation

2

(1) In this Order—

“the Act” means the Town and Country Planning (Scotland) Act 1972;

“the 1981 Act” means the Town and Country Planning (Minerals) Act 1981[^f00003];

“the 1960 Act” means the Caravan Sites and Control of Development Act 1960[^f00004];

“aerodrome” means an aerodrome as defined in article 96 of the Air Navigation Order 1985[^f00005] which is—licensed under that order;a Government aerodrome;one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft;one used by aircraft engaged in the public transport of passengers or cargo or aerial work; orone identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index,and for the purposes of this definition, the terms “aerial work”, “Government aerod rome” and “public transport” have the meanings given in the aforesaid article 96;

“aqueduct” does not include an underground conduit;

“associated apparatus”, in relation to any sewer, main or pipe, means pumps, machinery or apparatus associated with the relevant sewer, main or pipe;

“building” does not include plant or machinery, and in Schedule 1 to this Order does not include any gate, fence, wall or other means of enclosure;

“category A listed building” means a listed building specified as being category A in a list of buildings compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (listing of buildings of special architectural or historic interest);

“caravan” has the same meaning as for the purposes of Part I of the Caravan Sites and Control of Development Act 1960;

“caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;

“classified road” means a road which is for the time being so classified under section 11 of the Roads (Scotland) Act 1984[^f00006];

“conservation area” means an area of special architectural or historic interest designated as a conservation area under section 262 of the Act[^f00007];

“contravention of previous planning control” means a use of land begun in contravention of Part II of the Town and Country Planning (Scotland) Act 1947[^f00008];

“croft land” has the meaning given in section 12(3) of the Crofters (Scotland) Act 1993,

“cubic content” means the cubic content of a structure or building measured externally;

“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

“European site”, means–a special area of conservation;a site of Community importance which has been placed on the list referred to in the third sub paragraph of Article 4(2) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the said Council Directive 92/43/EEC, during the consultation period or pending a decision of the Council under Article 5(3); oran area classified pursuant to Article 4(1) or (2) of Council Directive 79/409/EEC on the conservation of wild birds or Article 4(1) or (2) of Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds;

“existing”, in relation to any building or any plant or machinery or any use, means (except in the definition of “original”) existing immediately before the carrying out of development described in this Order;

“flat” means a separate and self-contained set of premises whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally;

“floor area” means the total floor space in a building taking each floor into account but excluding, any area where the headroom measures less than 1.5 metres;

“historic battlefield” means a battlefield which is included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979;

“historic garden or designed landscape” means a garden or landscape which is included in the inventory of gardens and designed landscapes compiled and maintained under section 32A of the Ancient Monuments and Archaeological Areas Act 1979;

“industrial process” means a process for or incidental to any of the following purposes—the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; orthe getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;

“licensed premises ” means premises licensed for the sale of alcoholic liquor pursuant to the provisions of the Licensing (Scotland) Act 1976 or premises licensed pursuant to the provisions of the Betting, Gaming and Lotteries Act 1963;

“listed building” means a listed building withing the meaning of section 52(7) of the Act;

“local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973[^f00009];

“MCS Planning Standards” means the product and installation standards specified in the Microgeneration Certification Scheme MCS 020, Issue 1.3,

“microwave” means that part of the radio spectrum above 1,000MHz;

“microwave antenna” means a satellite antenna or a terrestrial microwave antenna;

“military explosives storage area” means any area, including an aerodrome, depot, mooring or port, at which the storage of military explosives may be undertaken and for which the associated explosives safeguarding zone is identified on a safeguarding map, issued by the Secretary of State and provided to a planning authority for the purposes of the Town and Country Planning (Safeguarded Aerodromes, Technical Sites, Meteorological Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2016,

“mine” means any site on which mining operations are carried out;

“minerals” includes coal won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal or confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal, but does not include any other coal;

“mining operations” means the winning and working of minerals in, on or under land, whether by surface or undergrounding working;

“National Park”, means an area designated as a National Park under section 6(1) of the National Parks (Scotland) Act 2000;

“national scenic area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;

“notifiable pipe-line” means a pipe-line, as defined in section 65 of the Pipe-lines Act 1962, which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations, except–a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act 1962; ora pipe-line which contains or is intended to contain no hazardous substance other than–a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; ora liquid or mixture of liquids, as specified in item 4 of Part II of that Schedule;

“Notification Regulations” means the Notification of Installations Handling Hazardous Substances Regulations 1982[^f00012];

“original” means, in relation to a building existing on 1st July 1948, as existing on that date and, in relation to a building built on or after 1st July 1948, as so built;

“plant or machinery” includes any structure or erection in the nature of plant or machinery;

“private way” means a road or footpath which is not maintainable at the public expense;

“Regulation 2020/1070 small cell system” means a small cell system— to which Commission Implementing Regulation (EU) 2020/1070 on specifying the characteristics of small-area wireless access point pursuant to Article 57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (recast) (“Commission Regulation 2020/1070”) applies,which complies with the requirements of the European Standard laid down at point B of the Annex to Commission Regulation 2020/1070, andis either—fully and safely integrated into its supporting structure and therefore invisible to the general public, ormeets the conditions set out in Point A of the Annex to Commission Regulation 2020/1070,

“road” has the meaning assigned to it by section 151 of the Roads (Scotland) Act 1984[^f00013];

“safety hazard area” means an area notified to a planning authority— by the Health and Safety Executive for the purposes of paragraph 3 of schedule 5 of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013,by the Office for Nuclear Regulation for the purposes of paragraph 3A of schedule 5 of those Regulations,

“satellite antenna” means apparatus designed for transmitting ... radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

“scheduled monument”, has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;

“sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994.

“site of archeological interest” means land which is included in the schedule of monuments compiled ... under section 1 of the Ancient Monuments and Archeological Areas Act 1979[^f00014] or is within an area of land which is designated as an area of archeological importance under section 33 of that Act or is within a site which has been included in a Sites and Monuments Record held by any local authority before the coming into force of this Order;

“site of special scientific interest” means land in respect of which notification procedure has been carried out in accordance with section 28(1) of the Wildlife and Countryside Act 1981[^f00015];

“statutory undertaker” includes, in addition to any person mentioned in section 275(1) of the Act, a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part), the Civil Aviation Authority, public gas transporters within the meaning of section 7 of the Gas Act 1986[^f00016] and the holder of a licence under section 6 of the Electricity Act 1989[^f00017];

“terrestrial antenna” means apparatus designed for transmitting or receiving terrestrial radio energy between two fixed points;

“trunk road” means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984[^f00018];

“Use Classes Order” means the Town and Country Planning (Use Classes) (Scotland) Order 1997;

“World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.

(a) Except where a contrary intention appears, any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and

(b) for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any reference in this Order to a numbered article or Schedule is a reference to the article or as the case may be the Schedule bearing that number in this Order and a reference to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph having that number in the article or paragraph in the Schedule in which the reference appears.

(5) In this Order and in relation to the use of electronic communications or electronic storage for any purpose of this Order which is capable of being carried out electronically–

(a) the expression “address” includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address; and

(b) references to documents, forms, maps, plans, drawings, certificates or other documents or to copies of such things, include references to such documents or copies of them in electronic form.

(6) Paragraphs (7) to (12) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order to give or send any application, notice or other document to any other person (“the recipient”).

(7) The requirement shall (except in a case referred to in paragraph (8)) be deemed to be fulfilled where the application, notice, or other document transmitted by the electronic communication is–

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(8) The cases are–

(a) making a direction under article 4; and

(b) giving notice of a direction under article 5.

(9) In paragraph (7) “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(10) Where the electronic communication is received by the recipient–

(a) at any time before the end of a day which is a working day, it shall be deemed to have been received on that day; or

(b) at any time during a day which is not a working day, it shall be deemed to have been received on the next working day,

and for these purposes, “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, a day appointed for public thanksgiving or mourning, or any other day which is a local or public holiday in an area in which the electronic communication is received.

(11) A requirement in this Order that any application, plan, notice, form or other document should be in writing is fulfilled where the document meets the criteria in paragraph (7) and “written” and cognate expressions are to be construed accordingly.

(12) In a case to which this paragraph applies, and except where a contrary intention appears, a person making an application, or giving or serving a notice using electronic communications shall be deemed to have agreed–

(a) to the use of such communications for all purposes relating to the application or notice, as the case may be, which are capable of being carried out electronically;

(b) that the address for that purpose is the address incorporated into, or otherwise logically associated with, the application; and

(c) that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in writing that the person wishes to revoke the agreement, and such withdrawal or revocation shall be final, and shall take effect on a date specified by the person in the notice, being a date occurring after the period of seven days, beginning with the date on which the notice is given.

PART 2 — PERMITTED DEVELOPMENT

Permitted development

3

(1) Subject to the provisions of this Order and regulations 60 to 63 of the Conservation (Natural Habitats, & c.) Regulations 1994, planning permission is hereby granted for the development or class of development specified ... in sub-paragraph (1) of any paragraph of Schedule 1 or where any such paragraph is not divided into subparagraphs in that paragraph.

(2) Any development or class of development permitted under paragraph (1) above is subject to—

(a) any limitation or condition specified in the sub-paragraphs subsequent to subparagraph (1) in each paragraph in Schedule 1; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) References in this Order to permission granted by Schedule 1 or by any Part, class, paragraph or sub-paragraph of that Schedule is a reference to the permission granted by this article in relation to development specified in that Schedule or in that provision of that Schedule.

(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.

(4A) The permission granted by Schedule 1 shall not apply if —

(a) in the case of a permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;

(b) in the case of permission granted in connection with an existing use, that use is unlawful.

(c) in the case of a permission granted in connection with an existing fish farm, the placement or assembly of equipment forming that fish farm is unlawful.

(4B) Paragraph (4A)(c) does not apply where—

(a) the equipment in question is equipment of the same size, colour and design and is in the same location as the equipment which it replaces; and

(b) the only reason that the placement or assembly of equipment forming the existing fish farm is unlawful is that there was a failure to comply with the terms of a condition imposed by virtue of a provision mentioned in paragraph (4C).

(4C) The provisions referred to in paragraph (4B)(b) are—

(a) paragraph (4)(b) of Class 21A;

(b) paragraph (2)(a) of Class 21B;

(d) paragraph (3)(c) of Class 21D;

(e) paragraph (3)(a) of Class 21E;

(f) paragraph (2)(a) of Class 21G;

(g) paragraph (2)(a) of Class 21H;

(h) paragraph (2)(a) of Class 21I; and

(i) paragraph (3)(a) of Class 21J.

(4D) In paragraphs (4A) and (4B) “existing fish farm”, “equipment” and “fish farm” have the same meaning as for the purposes of Part 6A of Schedule 1.

(5) The permission granted by Schedule 1 shall not authorise the following—

(a) any development other than development permitted by Parts 9, 11 and 24 and Class 31 of Schedule 1, which requires or involves the formation, laying out or material widening of a means of access to an existing road which is a trunk road or a classified road or creates an obstruction to the view of persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons;

(b) the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a public gas transporter in accordance with Class 39 of Schedule 1 ; or

(c) any development, other than development permitted by Part 23 of Schedule 1, which requires or involves the demolition of a building but in this paragraph “building” does not include part of a building.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any development falling within Part 11 of Schedule 1 authorised by an Act or order subject to the grant of any consent or approval shall not be treated for the purpose of this Order as authorised unless and until that consent or approval is obtained, except where the Act was passed or the order made after 1st July 1948 and it contains provision to the contrary.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Subject to paragraph (10), Schedule 1 development or Schedule 2 development within the meaning of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (“the EIA Regulations”) is not permitted by this Order unless–

(a) the planning authority have adopted a screening opinion under regulation 8 of those Regulations that the development is not EIA development within the meaning of those Regulations;

(b) the Scottish Ministers have made a screening direction under regulation 7(4) or 10 of those Regulations that the development is not EIA development within the meaning of those Regulations; or

(c) the Scottish Ministers have given a direction under regulation 6(4) or (6) of those Regulations that the development is exempted from the application of these Regulations.

(8A) Where it appears to the planning authority that—

(a) an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 1 development within the meaning of the EIA Regulations; and

(b) the development—

(i) has not been the subject of a screening opinion under regulation 8 of those Regulations or a screening direction under regulation 7(4) or 10 of those Regulations; or

(ii) has been the subject of such a screening opinion or direction to the effect that it is not EIA development within the meaning of those Regulations,

the planning authority must adopt a screening opinion under regulation 8 of those Regulations in respect of the development to which the application relates.

(8B) Where it appears to the planning authority that—

(a) an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 2 development within the meaning of the EIA Regulations; and

(b) the development may have significant effects on the environment that have not previously been identified (whether in an earlier screening opinion under regulation 8 of those Regulations or a screening direction under regulation 7(4) or 10 of those Regulations, or because the development has not been the subject of such a screening opinion or direction),

the planning authority must adopt a screening opinion under regulation 8 of those Regulations in respect of the development to which the application relates.

(8C) A screening opinion adopted under regulation 8 of the EIA Regulations in pursuance of paragraph (8A) or (8B) supersedes the terms of an earlier screening opinion or direction in relation to the development.

(9) Where–

(a) the planning authority have adopted a screening opinion pursuant to regulation 8 of the EIA Regulations that development is EIA development and the Scottish Ministers have in relation to that development neither made a screening direction to the contrary under regulation 7(4) or 10 of those Regulations nor directed under regulation 6(4) or (6) of those Regulations that the development is exempted from the application of those Regulations; or

(b) the Scottish Ministers have directed under regulation 7(4), 10 or 50 of the EIA Regulations that development is EIA development,

that development shall be treated, for the purposes of paragraph (8), as development which is not permitted by this Order.

(10) Paragraphs (8), (8A) and (8B) do not apply to–

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) development which consists of the carrying out of drainage works to which the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 applies;

(d) development for which permission is granted by Part 7, Class 26 of Part 8, Part 11, Class 39(1)(a) of Part 13, Class 58 of Part 17 ... of Schedule 1;

(e) development for which permission is granted by Class 54 of Part 15, Class 59 or 60 of Part 17 ... of Schedule 1 provided that the development is to be carried out–

(i) in the case of Class 54 of Part 5 on the same land or, as the case may be, on land adjoining that land;

(ii) in the case of Class 59 or 60 of Part 17, on the same authorised site;

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

as that on which development of any description permitted by the same Class has been carried out before 1st August 1999;

(f) the completion of any development begun before 1st August 1999.

Directions restricting permitted development

4

(1) If in relation to any area the Secretary of State or, in relation to the district of a general planning authority, that general planning authority, or in relation to the district of a district planning authority, that district planning authority is satisfied that it is expedient that all or any development of all or any of the classes of Schedule 1 other than Classes 54 and 66 should not be carried out in that area or, as the case may be, that district or any particular part thereof, or that any particular development of any of those classes should not be carried out in such area or district or part, unless permission is granted on an application in that behalf, the Secretary of State or the planning authority concerned may direct that the permission granted by article 3 shall not apply to—

(a) all or any development of all or any of those classes in any particular area specified in the direction; or

(b) any particular development, specified in the direction, falling within any of these classes.

(2) In the case of development falling within Part 11 of Schedule 1 no such direction shall have effect in relation to development authorised by any Act (including any Act of the Scottish Parliament) passed after 1st July 1948 or by any Order requiring the approval of both Houses of Parliament or of the Scottish Parliament approved after that date.

(3) Subject to paragraph (5), a direction by a planning authority under this article shall require the approval of the Secretary of State, and the Secretary of State may approve the direction, with or without modifications.

(4) When a planning authority submits a direction to the Secretary of State for approval, it shall also send—

(a) two additional copies together with a plan of the area in respect of which the direction applies, unless the direction includes such a plan; and

(b) a statement of its reasons for making the direction.

(5) The approval of the Secretary of State is not required in the case of a direction which does not affect the carrying out of such development by a statutory undertaker as is referred to in paragraph (6)(b) and which relates only to either or both of the following:—

(a) a building which is included in a list compiled or approved under section 52 of the Act or in respect of which the Secretary of State has given notice in writing to the authority making the direction that it is a building of special architectural or historic interest;

(b) development within the curtilage of a listed building.

(6) No direction given or having effect under this article shall have effect in relation to—

(a) the carrying out of any development specified in Part 20 of Schedule 1 unless the direction specifically so provides , but this is subject to paragraph (6A); or

(b) the carrying out of development comprising any of the following operations by a statutory undertaker, unless the direction specifically so provides:—

(i) maintenance of bridges, buildings and railway stations;

(ii) alteration and maintenance of railway track, and provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;

(iii) maintenance of docks, harbours, quays, wharves, canals and towing paths;

(iv) provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, quay, harbour, bank, wharf or basin;

(v) any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;

(vi) maintenance of buildings, runways, taxiways, or aprons at an aerodrome;

(vii) provision, alteration and maintenance of equipment, apparatus and works at an aerodrome, required in connection with the movement of traffic by air but excepting buildings, the construction, erection, reconstruction or alteration of which is permitted by Class 44 of Schedule 1.

(6A) No direction given or having effect under this article shall have effect in relation to the carrying out of development consisting of the installation, alteration or replacement of a Regulation 2020/1070 small cell system.

(7) A direction shall come into force on the date on which notice thereof is first published under article 5(1) or in a case where notice is served in accordance with article 5(4) when such notice is served on the occupier or if there is no occupier on the owner.

(8) A direction by a planning authority shall be in the form set out at Schedule 3 (or in a form substantially to the like effect).

Notice and service of article 4 directions

5

(1) Notice of any direction made or approved by the Secretary of State and of any such direction as is referred to in paragraph (5) of article 4 specifying any particular area given under paragraph (1)(a) of that article shall be published by the planning authority concerned in one or more newspapers, circulating in the locality in which the area is situated, and on the same or a subsequent date in the Edinburgh Gazette.

(2) Such a notice shall contain a concise statement of the effect of the direction and name a place or places where a copy thereof and of a map defining the area to which it relates may be seen at all reasonable hours.

(3) Where the Secretary of State thinks fit he may publish notice in accordance with paragraph (1) above of any direction given under paragraph (1)(a) of article 4 in which case the planning authority shall not require to publish such notice.

(4) Notice of any direction specifying any particular development given under paragraph (1)(b) of article 4 shall be served by the planning authority concerned on the owner and occupier of the land affected.

(5) Where the Secretary of State thinks fit he may serve notice in accordance with paragraph (4) above of any direction given under paragraph (1)(b) of article 4 in which case the planning authority shall not require to serve notice.

(6) A district planning authority shall notify the regional planning authority of their region, on submitting to the Secretary of State a direction under article 4 above and shall send to them a copy of any notice published or served by them in accordance with paragraph (1) or (4) above.

Cancellation of article 4 directions

6

(a) Any direction made by the Secretary of State under article 4 may be cancelled by a subsequent direction made by the Secretary of State;

(b) any direction made by a planning authority in accordance with article 4 may be cancelled by a subsequent direction made by that authority or by a direction made by the Secretary of State. A direction given by a planning authority which contains only provisions cancelling a previous direction, shall not require the approval of the Secretary of State.

(2) Article 5 shall apply to the making of any cancelling direction in the same way as it would apply to the making of the direction being revoked.

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

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — REVOCATIONS

Revocations and savings

8

(1) The statutory instruments specified in columns (1) and (2) of Schedule 4 are hereby revoked to the extent specified in column (3).

(a) Without prejudice to sub-paragraph (b), any direction in force immediately before the coming into force of this Order by virtue of the Town and Country Planning (General Development) (Scotland) Orders 1950 to 1970[^f00022], the Town and Country Planning (General Development) (Scotland) Order 1975[^f00023] and the Town and Country Planning (General Development) (Scotland) Order 1981[^f00024] shall continue in force and have effect as if given under the corresponding provisions of this Order;

(b) any direction under article 4 of the Town and Country Planning (General Development) (Scotland) Order 1950, article 4 of the Town and Country Planning (General Development) (Scotland) Order 1975 and article 4 of the Town and Country Planning (General Development) (Scotland) Order 1981 which was in force immediately before 13th March 1992 shall in so far as it relates to development permitted by this Order have effect as if it were a direction given under article 4 of this Order of which notice has been published or served, as the case may be.

SCHEDULE 1 — CLASSES OF PERMITTED DEVELOPMENT

PART 1 — DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Class

Interpretation of Part 1

For the purposes of Part 1—

“balcony” means a platform, enclosed by a wall or balustrade, projecting outward from the external wall of a building, with access from an upper floor window or door;

“bound” means to share a common boundary, and “bounding” is to be construed accordingly;

“enlargement” means any development that increases the internal volume of the original dwellinghouse, and includes a canopy or roof, with or without walls, which is attached to the dwellinghouse, but does not include a balcony;

“footprint” means an area of ground covered by development;

“front curtilage” means that part of the curtilage of the original dwellinghouse forward of the principal elevation;

“rear curtilage” means that part of the curtilage of the original dwellinghouse which is not the front curtilage;

“rear elevation” means the elevation of the original dwellinghouse that is opposite its principal elevation;

“resulting dwellinghouse” means the dwellinghouse as enlarged, taking into account any previous enlargement;

“side elevation” means the elevation of the original dwellinghouse linking the principal elevation with the rear elevation; and

“terrace house” means a dwellinghouse—situated in a row of three or more buildings used, or designed for use, as single dwellinghouses; andhaving a mutual wall with, or having a main wall adjoining the main wall of, the dwellinghouse (or building designed for use as a dwellinghouse) on either side of it,but includes the dwellinghouses at each end of such a row of buildings as is referred to.

Class

2

(1) Any alteration to the roof of a dwellinghouse including the enlargement of a dwellinghouse by way of an addition or alteration to its roof.

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

(a) any part of the dwellinghouse would as a result of the works, exceed the height of the highest part of the existing roof;

(b) any part of the dwellinghouse would, as a result of the works, extend 10 centimetres beyond the plane of any existing roof slope;

(d) any roofing material used would materially affect the external appearance of the dwellinghouse;

(e) the dwelling house is in a conservation area.

Class

3

(1) The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration of such a building or enclosure.

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

(a) it consists of a dwelling or a satellite antenna;

(b) it consists of a building or enclosure where any part of such building or enclosure to be constructed would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;

(c) it consists of a building where the building to be constructed or provided would have a floor area greater than 4 square metres, any part of it would be within 5 metres of any part of the dwellinghouse;

(d) the height of that building or enclosure would exceed—

(i) 4 metres, in the case of a building with a ridged roof; or

(ii) 3 metres, in any other case;

(e) the total area of ground covered by buildings or enclosures within the curtilage (other than the original dwellinghouse) would exceed 30% of the total area of the curtilage (excluding the ground area of the original dwellinghouse); or

(f) in the case of any land in a conservation area or land within the curtilage of a listed building, it would consist of the provision, alteration or improvement of a building with a floor area greater than 4 square metres.

(3) For the purposes of this class “purpose incidental to the enjoyment of the dwellinghouse” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

Class

4

(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse.

(2) Development is not permitted by this class within a conservation area or within the curtilage of a listed building.

Class

5

(1) The erection or provision within the curtilage of a dwellinghouse of a container for the storage of oil.

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

(a) it would be within a conservation area or within the curtilage of a listed building;

(b) the capacity of the container would exceed 3500 litres;

(d) any part of the container would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;

(e) it would result in more than one container within the curtilage of a dwellinghouse.

Class

6

(1) The installation, alteration or replacement of a satellite antenna on a dwellinghouse or within the curtilage of a dwellinghouse.

(2) Development is not permitted by this class if it would result in—

(a) more than one satellite antenna on the dwellinghouse or within its curtilage;

(b) the size of the satellite antenna (excluding any projecting feed element) when measured in any dimension exceeding 90 centimetres;

(c) the highest part of any antenna to be installed on a dwellinghouse being higher than the highest part of the roof on which it would be installed; or

(d) the satellite antenna being installed in a conservation area or national scenic area on any part of a dwellinghouse which faces on to a road.

(3) Development is permitted by this class subject to the condition that the antenna 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 installed.

PART 2 — SUNDRY MINOR OPERATIONS

Class

7

(1) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

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

(a) the height of any gate, fence, wall or other means of enclosure to be erected or constructed within 20 metres of a road would, after the carrying out of the development, exceed one metre above ground level;

(b) the height of any other gate, fence, wall or other means of enclosure to be erected or constructed would exceed two metres above ground level;

(c) the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d) it would involve development within the curtilage of, or in respect of a gate, fence, wall or other means of enclosure surrounding, a listed building.

Class

8

The formation, laying out and construction of a means of access to a road which is not a trunk road or a classified road, where that access is required in connection with development permitted by any class in this Schedule other than Class 7.

Class

9

(1) The stone cleaning or painting of the exterior of any building or works.

(2) Development is not permitted by this class—

(a) for the purposes of advertisement, announcement or direction;

(b) where the building or works are in a conservation area; or

(3) For the purposes of this class, “painting” includes any application of colour.

PART 3 — CHANGES OF USE

Class

10

Development consisting of a change of use of a building or land to a use within class 1 (shops) from a use—

(a) within class 2 (financial, professional and other services);

(b) within class 3 (food and drink); or

Class

11

Development consisting of a change of use of a building or land to a use within class 2 (financial, professional and other services) from a use within class 3 (food and drink).

Class

12

Development consisting of a change of use of a building or land to a use within class 4 (business) from a use within—

(a) class 5 (general industrial); or

(b) class 11 (storage or distribution).

Class

13

(1) Development consisting of a change of use of a building or land to a use within class 11 (storage or distribution) from a use within—

(a) class 4 (business); or

(b) class 5 (general industrial).

(2) Development is not permitted by this class if the change of use relates to more than 235 square metres of the floor area in the building.

Interpretation of Part 3—

For the purposes of Part 3—

“pay day loan shop” has the meaning given in article 3(6) of the Use Classes Order

any references to “class”, other than the reference to “Class 10”, “Class 11”, “Class 12” , “Class 13” and “Class 13A” where they occur at the beginning of each of the five preceding paragraphs, are references to the classes specified in the Schedule to the Use Classes Order.

PART 4 — TEMPORARY BUILDINGS AND USES

Class

14

(1) The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

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

(a) the operations being or to be carried out are mining operations; or

(b) planning permission is required for these operations but has not been granted or deemed to be granted.

(3) Development is permitted by this class subject to the conditions that, when the operations have been carried out—

(a) any building, structure, works, plant or machinery permitted by this Class shall be removed; and

(b) any adjoining land on which development permitted by this Class has been carried out shall as soon as reasonably practicable, be reinstated to its condition before that development was carried out.

Class

15

The use of land (other than a building or land within the curtilage of a building) for any purpose, except as a caravan site or an open air market, on not more than 28 days in total in any calendar year, and the erection or placing of moveable structures on the land for the purposes of that use.

PART 5 — CARAVAN SITES

Class

16

(1) The use of land, other than a building, as a caravan site in the circumstances referred to in sub-paragraph (3).

(2) Development is permitted by this class subject to the condition that the use shall be discontinued when the circumstances specified in sub-paragraph (3) cease to exist, and all caravans on the site shall be removed as soon as reasonably practicable.

(3) The circumstances specified in this sub-paragraph are those specified in paragraphs 2 to 10 of Schedule 1 to the 1960 Act, but in relation to those mentioned in paragraph 10 do not include use for winter quarters.

Class

17

Development required by the conditions of a site licence for the time being in force under the 1960 Act.

PART 6 — AGRICULTURAL BUILDINGS AND OPERATIONS

Class

18

(1) The carrying out on agricultural land comprised in an agricultural unit of—

(a) works for the erection, extension or alteration of a building;

(b) the formation, alteration or maintenance of private ways; or

requisite for the purposes of agriculture within that unit.

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

(a) the development would be carried out on agricultural land less than 0.4 hectare in area;

(b) it would consist of or include the erection, extension or alteration of a dwelling;

(d) the ground area to be covered by—

(i) any works or structure (other than a fence) for the purposes of accommodating livestock or any plant or machinery arising from engineering operations; or

(ii) any building erected or any building as extended or altered by virtue of this class,

would exceed 465 square metres, calculated as described in sub-paragraph (5);

(e) the height of any part of the building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(f) the height of any part of the building, structure or works outwith 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(g) any part of the development would be within 25 metres of the metalled portion of a trunk or classified road; or

(h) it would consist of or include the erection or construction of, or the carrying out of any works to, a building, structure or erection used or to be used for housing pigs, poultry, rabbits or animals bred for their skin or fur or for the storage of slurry or sewage sludge, and the building, structure or works is or would be within 400 metres of the curtilage of any protected building.

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

(a) where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, erection or works resulting from the development shall not be used for housing pigs, poultry, rabbits or animals bred for their skin or fur or for the storage of slurry or sewage sludge;

(b) where the development involves—

(i) the extraction of any mineral from the land or from any disused railway embankment on the land; or

(ii) the removal of any mineral from a mineral-working deposit on the land,

the mineral shall not be moved off the land, unless planning permission for the winning and working of that mineral has been granted on an application made under Part III of the Act;

(c) in the case of development which involves the deposit of waste materials on or under the land, no waste materials shall be brought onto the land from elsewhere except for development of the kind described in sub-paragraph (1)(a) or the creation of a hard surface, where the materials are incorporated into the building or works forthwith.

(a) Development consisting of the erection of a building or the significant extension or significant alteration of a building or the formation or alteration of a private way is permitted by this class subject to the following conditions:—

(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 siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;

(ii) the application shall be accompanied by a written description of the proposed develop ment, the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii) 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 gives 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;

(iv) 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;

(v) 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 (a)(ii);

(b) development consisting of the significant extension or the significant alteration of a building, may be carried out only once in respect of that building.

(5) For the purposes of this class—

(a) the area of 0.4 hectares shall comprise one piece of land except within the districts of the following planning authorities, namely Argyll and Bute District Council, Strathspey District Council, Caithness District Council, Inverness District Council, Sutherland District Council and Western Isles Islands Council, where the area of 0.4 hectares may be calculated by adding together the areas of separate parcels of land;

(b) the ground area referred to in sub-paragraph (2)(d) is the sum of—

(i) the ground area which would be covered by the proposed development; and

(ii) the ground area of any building (other than a dwelling), or any structure, works, plant or machinery within the same unit which is being provided or has been provided within the preceding two years and any part of which would be within 90 metres of the proposed development;

(d) “protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

(i) a building within the agricultural unit;

(ii) a building used for a purpose referred to in Classes 6 to 10 (special industrial uses) of the Schedule to the Use Classes Order; or

(iii) a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

Class

19

(1) The winning and working on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.

(2) Development is not permitted by this class if any excavation would be made within 25 metres of the metalled portion of a trunk or classified road or a railway line.

(3) Development is permitted by this class subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture.

Land drainage works

Class

20

The carrying out of any works required in connection with the improvement or maintenance of watercourses or land drainage works.

Peat

Class

21

The winning and working of peat by any person for the domestic requirements of that person.

Interpretation of Part 6

For the purposes of Part 6—

“agricultural land” means land which, before development permitted under this Order is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden or any land used for the purposes of fish farming;

“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture other than fish farming, but includes— any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit; or any dwelling on that land occupied by a farmworker;

“building” does not include anything resulting from engineering operations;

“fish farming” means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consump tion or for transfer to other waters;

“the purposes of agriculture” includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used;

“significant extension” and “significant alteration” mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building;

“slurry” means animal faeces and urine whether or not water has been added.

PART 7 — FORESTRY BUILDINGS AND OPERATIONS

Class

22

(1) The carrying out on land used for the purposes of forestry, including afforestation, or in the case of sub-paragraph (c) land held or occupied with that land, of development reasonably necessary for those purposes consisting of—

(a) works for the erection, extension or alteration of a building;

(b) the formation, alteration or maintenance of private ways;

(c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways;

(d) other operations (not including engineering or mining operations).

(2) Subject to sub-paragraph (3), development is not permitted by this class if—

(a) it would consist of or include the provision or alteration of a dwelling;

(b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; or

(a) Development consisting of the erection of a building or the significant extension or significant alteration of a building or the formation or alteration of a private way is permitted by this class subject to the following conditions:—

(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 siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;

(ii) the application shall be accompanied by a written description of the proposed develop ment, the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii) the development shall not be begun before the occurrrence 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 gives 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;

(iv) 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;

(v) 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 case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (a)(ii);

(b) development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building.

Interpretation of Part 7

For the purposes of this Part—

“significant extension” and “significant alteration” mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building.

PART 8 — INDUSTRIAL AND WAREHOUSE DEVELOPMENT

Class

23

(1) The extension or alteration of an industrial building or a warehouse.

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

(a) the building as extended or altered is to be used for purposes other than those of the undertaking concerned;

(b) the building is to be used for a purpose other than—

(i) in the case of an industrial building as extended or altered the carrying out of an industrial process or the provision of employee facilities;

(ii) in the case of a warehouse, as extended or altered for storage or distribution or for the provision of employee facilities;

(d) the floor area of the original building would be exceeded by more than 25% or 1,000 square metres whichever is the greater;

(e) the external appearance of the premises of the undertaking concerned would be materially affected;

(f) any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(g) the development would lead to a reduction in the space available for the parking or turning of vehicles.

(3) Development is permitted by this class subject to the conditions that where any building is extended or altered—

(a) in the case of an industrial building, it shall only be used for the carrying out of an industrial process for the purpose of the undertaking or the provision of employee facilities;

(b) in the case of a warehouse, it shall only be used for storage or distribution for the purposes of the undertaking or the provision of employee facilities;

(c) it shall not be used to provide employee facilities between 7 pm and 6.30 am for employees other than those present at the premises of the undertaking for the purpose of their employment;

(d) it shall not be used to provide employee facilities if a notifiable quantity of a hazardous substance is present at the premises of the undertaking.

(4) Development is permitted for the purpose of carrying out any ancillary social, recreational or welfare purpose on condition that such uses shall not be carried on in a building any part of which is used for a hazardous activity.

(5) For the purposes of this class—

(a) the erection of any additional building within the curtilage of another building, whether by virtue of this class or otherwise, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

Class

24

(1) Development carried out on industrial land for the purposes of an industrial process consisting of—

(a) the installation of additional or replacement plant or machinery;

(b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

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

(a) it would materially affect the external appearance of the premises of the undertaking concerned; or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

(3) In this class “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine.

Class

25

The creation of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned.

Class

26

(1) The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

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

(a) the waste material is or includes material resulting from the winning and working of minerals; or

(b) the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.

Interpretation of Part 8

For the purposes of Part 8—

“employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including creche facilities provided for the children of such employees;

“industrial building” means a building used for the carrying out of an industrial process (including the carrying out of research and development of products or processes) and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking but does not include a building or land in or adjacent to land occupied with a mine;

“warehouse” means a building used as a wholesale warehouse, or repository for any purpose and does not include a building on land in or adjacent to and occupied together with a mine.

PART 9 — REPAIRS TO PRIVATE ROADS AND PRIVATE WAYS

Class

27

(1) The carrying out on land within the boundaries of a private road or private way of works required for the maintenance or improvement of the road or way.

(2) For the purpose of this class—

“private road” has the meaning assigned to it by section 151(1) of the Roads (Scotland) Act 1984[^f00029].

PART 10 — REPAIRS TO SERVICES

Class

28

(1) The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

(2) Development is permitted by this class subject to the condition that on completion of the works or nine months after commencement of the works, whichever is the earlier, the land shall be restored to—

(a) the condition it was in before the works were carried out; or

(b) such condition as may be acceptable to the planning authority.

PART 11 — DEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS

Class

29

(1) Development authorised by—

(a) a local or private Act of Parliament;

(b) an order approved by both Houses of Parliament; or

which in each case designates specifically the nature of the development authorised and the land upon which it may be carried out.

(2) Development is not permitted by this class if it consists of or includes—

(a) the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam; or

(b) the formation, laying out or alteration of a means of access to any road used by vehicular traffic,

unless the prior approval of the planning authority in respect of the detailed plans and specifications is first obtained.

(3) The prior approval referred to in sub-paragraph (2) shall not be refused by the planning authority or granted subject to conditions unless they are satisfied that—

(a) in any case (other than the provision of works carried out to a dam) the development ought to be and could reasonably be carried out elsewhere on the land designated specifically in the said Act or order; or

(b) the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

PART 12 — DEVELOPMENT BY LOCAL AUTHORITIES

Class

30

The erection or construction and the maintenance, improvement or other alteration by a local authority of—

(a) any building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity on land belonging to or maintained by them, being building works or equipment required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;

(b) lamp standards, refuse bins, public shelters and similar structures or works required in connection with the operation of any public service administered by them.

Class

31

The carrying out by a roads authority on land outwith but adjoining the boundary of an existing road of works required for or incidental to the maintenance or improvement of the road.

Class

32

Any development relating to sewerage by a regional or islands council being development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe or sludge main or associated apparatus.

Class

33

The carrying out, within their own district by a planning authority of—

(a) works for the erection of dwellinghouses, so long as those works conform to a local plan adopted under section 12 of the Act[^f00031];

(b) any development under the Housing (Scotland) Act 1987[^f00032] not being development to which the last foregoing sub-paragraph applies so long as the development conforms to a local plan adopted under section 12 of the Act;

(i) development of any of the classes specified in Schedule 2 (bad neighbour development); or

(ii) development which constitutes a material change in the use of any buildings or other land.

PART 13 — DEVELOPMENT BY STATUTORY UNDERTAKERS

Railway or light railway undertakings

Class

34

(1) Development by railway undertakers or their lessees on their operational land, required in connection with the movement of traffic by rail.

(2) Development is not permitted by this class if it consists of or includes—

(a) the construction of a railway;

(b) the construction or erection of a hotel, railway station or bridge; or

(i) an office, or a building used for either residential or educational purposes or for an industrial process;

(ii) a car park, shop, restaurant, garage or petrol filling station.

(3) For the purposes of this class—

(a) references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appear ance would be materially affected;

(b) the reference to industrial process does not include the washing, maintenance and cleaning of rolling stock.

Class

35

(1) Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a) for the purposes of shipping; or

(b) in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking.

(2) Development is not permitted by this class if it consists of or includes—

(a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic;

(b) the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—

(i) a building used for educational purposes; or

(ii) a car park, shop, restaurant, garage or petrol filling station.

(3) For the purposes of this class references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964.

Works to inland waterways

Class

36

The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968[^f00033] applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

Dredgings

Class

37

The use of any operational land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertaking for the spreading of any dredged material.

Water undertakings

Class

38

(1) For the purposes of water undertakings development of any of the following descriptions—

(a) the laying underground of mains, pipes or other apparatus;

(b) the installation in a water distribution system of a booster station, valve house, meter or switchgear house;

(c) the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation;

(d) any other development carried out in, on, over or under the operational land other than the provision of a building but including the extension or alteration of a building.

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

(a) it would include the construction of a reservoir;

(b) in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a booster station or valve house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a road used by vehicular traffic;

(c) in the case of any development referred to in sub-paragraph (1)(d), it would consist of or include the extension or alteration of a building so that—

(i) its design or external appearance would be materially affected;

(ii) the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%; or

(iii) the floor area of the original building would be exceeded by more than 1,000 square metres; or

(d) in the case of any development referred to in sub-paragraph (1)(d), it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

(3) Development is permitted by sub-paragraph (1)(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the planning authority).

Gas suppliers

Class

39

(1) Development by a public gas supplier required for the purposes of its undertaking consisting of—

(a) the laying underground of mains, pipes or other apparatus;

(b) the installation in a gas distribution system of apparatus for measuring, recording, controlling or varying the pressure, flow or volume of gas, and structures for housing such apparatus;

(c) the construction in any storage area or protective area specified in an order made under section 4 of the Gas Act 1965[^f00034], of boreholes, and the erection or construction in any such area of any plant or machinery required in connection with the construction of such boreholes;

(d) the placing and storage on land of pipes and other apparatus to be included in a main pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

(e) the erection on operational land of the public gas supplier of a building solely for the protection of plant or machinery; and

(f) any other development carried out in, on, over or under the operational land of the public gas supplier.

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

(a) in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a road used by vehicular traffic;

(b) in the case of any development referred to in sub-paragraph (1)(c)—

(i) the borehole is shown in an order approved by the Secretary of State for Energy for the purpose of section 4(6) of the Gas Act 1965[^f00035]; or

(ii) any plant or machinery would exceed 6 metres in height;

(c) in the case of any development referred to in sub-paragraph (1)(e), the building would exceed 15 metres in height; or

(d) in the case of any development referred to in sub-paragraph (1)(f)—

(i) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii) it would involve the installation of plant or machinery exceeding 15 metres in height, or capable without the carrying out of additional works of being extended to a height exceeding 15 metres; or

(iii) it would consist of or include the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater.

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

(a) in the case of any development referred to in sub-paragraph (1)(a), not less than 8 weeks before the beginning of operations to lay a notifiable pipeline, the public gas supplier shall give notice in writing to the planning authority of its intention to carry out that development, identifying the land under which the pipeline is to be laid;

(b) in the case of any development referred to in sub-paragraph (1)(d), on completion of the laying or construction of the main or pipe, or at the expiry of a period of 9 months from the beginning of the development, whichever is the sooner, the pipe or apparatus shall be removed and the land restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

(c) in the case of any development referred to in sub-paragraph (1)(e), the approval of the planning authority shall be obtained before the development is begun in respect of the details of the design and external appearance of the building.

(4) For the purposes of this class—

“notifiable pipeline” means a pipeline (as that term is defined in section 65 of the Pipelines Act 1962[^f00036] which contains or is intended to contain a hazardous substance, but does not include a pipeline which has been authorised under section 1 of the Pipelines Act 1962, or a pipeline which contains, or is intended to contain, no hazardous substance other than— a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; or a flammable liquid, as specified in item 4 of Part II of the said Schedule.

Electricity undertakings

Class

40

(1) Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their undertaking consisting of—

(a) the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transfor ming or switching stations or chambers reasonably necessary in connection with an electric line;

(b) the installation or replacement of any telecommunications line which connects any part of an electric line to any electrical plant or building, and the installation or replacement of any support for any such line;

(c) the sinking of boreholes to ascertain the nature of the subsoil and the installation of any plant or machinery reasonably necessary in connection with such boreholes;

(d) the extension or alteration of buildings on operational land of the undertaking;

(e) the erection on operational land of the undertaking of a building solely for the protection of plant or machinery; and

(f) any other development carried out in, on, over or under the operational land of the undertaking.

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

(a) in the case of any development referred to in sub-paragraph (1)(a)—

(i) it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Eletricity Act 1989[^f00037] applies; or

(ii) it would consist of or include the installation or replacement at or above ground level or under a road used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed 29 cubic metres in capacity;

(b) in the case of any development referred to in sub-paragraph (1)(b)—

(i) the development would take place in a national scenic area or a site of special scientific interest;

(ii) the height of any support would exceed 15 metres; or

(iii) the telecommunications line would exceed 1,000 metres in length;

(i) the height of the original building would be exceeded;

(ii) the cubic content of the original building would be exceeded by more than 25% (or 10% in the case of any building situated in a conservation area or a national scenic area);

(iii) the floor area of the original building would be exceeded by more than 1,000 square metres (or 500 square metres in the case of any building situated in a conservation area or a national scenic area);

(d) in the case of any development referred to in sub-paragraph (1)(e) the building would exceed 15 metres in height; or

(e) in the case of any development referred to in sub-paragraph (1)(f) it would consist of or include—

(i) the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected; or

(ii) the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.

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

(a) in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the replacement of an existing electric line, any conditions contained in a planning permission relating to the height, design or position of the existing eletric line shall so far as possible apply to the replacement line;

(b) in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place or to such condition as may have been agreed in writing between the planning authority and the developer;

(c) in the case of any development referred to in sub-paragraph (1)(c) on the completion of that development or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

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