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

• licensed premises

• music hall

• skating rink

• swimming pool

• theatre, or

• Turkish or other vapour or foam bath;

• (5) the construction of buildings for or the use of buildings or land as—

• (a) a crematorium, or the use of land as a cemetery;

• (b) a zoo, or wildlife park, or for the business of boarding or breeding cats or dogs;

• (6) the construction of buildings and use of buildings or land for motor car or motor cycle racing;

• (7) the construction of a building to a height exceeding 20 metres;

• (8) the construction of buildings, operations, and use of buildings or land which will—

• (a) affect residential property by reason of fumes, noise, vibration, smoke, artificial lighting, or discharge of any solid or liquid substance;

• (b) alter the character of an area of established amenity;

• (c) bring crowds into a generally quiet area;

• (d) cause activity and noise between the hours of 8pm and 8am; and

• (e) introduce significant change into a homogeneous area.

SCHEDULE 3

Form of Direction by Planning Authority under Article 4(8)

SCHEDULE 4 — REVOCATIONS

(1)	(2)	(3)
Title of instrument	Reference	Extent of Repeal
The Town and Country Planning (General Development) (Scotland) Order 1981	S.I. 1981/830	Articles 3, 4 and 4A and Schedule 1
The Town and Country Planning (General Development) (Scotland) Amendment Order 1983	S.I. 1983/1620	The whole Order
The Town and Country Planning (General Development) (Scotland) Amendment Order 1984	S.I. 1984/237	Article 2(g)
The Town and Country Planning (General Development) (Scotland) Amendment Order 1985	S.I. 1985/1014	The whole Order
The Town and Country Planning (General Development) (Scotland) Amendment (No. 2) Order 1985	S.I. 1985/2007	The whole Order other than paragraph (5) of article 2
The Town and Country Planning (General Development) (Scotland) Amendment Order 1988	S.I. 1988/977	The whole Order
The Town and Country Planning (General Development) (Scotland) Amendment Order 1989	S.I. 1989/148	The whole Order
The Town and Country Planning (General Development) (Scotland) Amendment Order 1990	S.I. 1990/508	The whole Order except article 2(b)
The Town and Country Planning (General Development) (Scotland) Amendment Order 1991	S.I. 1991/147	The whole Order

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 11th February 1992

Explanatory note

(This note is not part of the Order)

This Order consolidates with amendments the permitted development provisions of the Town and Country Planning (General Amendment) (Scotland) Order 1981 and subsequent amending instruments. A separate order, the Town and Country Planning (General Develop ment Procedure) (Scotland) Order 1992 (S.I. 1992/), consolidates the remaining provisions which deal with procedures connected with planning applications and other related matters.

The main purpose of this Order is to permit certain classes of development without express planning permission being granted under the Town and Country Planning (Scotland) Act 1972. Schedule 1 to the Order sets out these classes of development in detail, subject to articles 3 to 7.

The main changes of substance made by the Order are—

• (a) the provisions permitting development within the curtilage of a dwellinghouse (Schedule 1, Part 1) have been simplified while including stricter controls over development in conservation areas and within the curtilage of listed buildings;

• (b) the provisions permitting agricultural buildings and operations (Schedule 1, Part 6) have been revised to—

• (i) apply only to buildings below 465 square metres in area or 12 metres in height;

• (ii) introduce a “cordon sanitaire” around intensive livestock buildings;

• (iii) require developers to give planning authorities prior notification of their proposals;

• (c) the provisions permitting development by statutory undertakers supplying gas and electricity (Schedule 1, Part 16) have been revised and include a new requirement for the prior approval of the planning authority in respect of the design and external appearance of buildings protecting plant or machinery;

• (d) the provisions permitting minerals development (Schedule 1, Parts 15—19) have been revised to—

• (i) exclude exploration for oil and gas;

• (ii) divide permitted development for ancillary mining operations into 3 classes instead of one:

• (aa) Class 55: development without prior approval of the planning authority;

• (bb) Class 56: development with prior approval of the planning authority; and

• (cc) Class 57: development, with prior approval of the planning authority, required for maintenance or safety;

• (iii) preclude remote tipping of waste except in certain limited circumstances;

• (e) the provisions permitting development by telecommunications code systems operators (Schedule 1, Parts 20 and 21) have been extended to —

• (i) increase from 2 to 10 the number of microwave antennas which may be installed on a mast or tower;

• (ii) allow up to 2 microwave antennas on any building;

• (iii) permit small buildings for housing apparatus in connection with the permitted development;

• (iv) permit temporary buildings on land which is subject to planning permission to be used in connection with the development authorised by the grant of planning permission; and

• (f) permitted development relating to satellite antennas (Schedule 1, Parts 1 and 21) has been extended to allow 2 antennas on all buildings, apart from dwellinghouses, irrespective of the size of the building.

Footnotes

1

• (1) The enlargement, improvement or other alteration of a dwellinghouse.

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

• (a) the floor area of the resulting building would exceed the floor area of the original dwellinghouse—

• (i) in the case of a terrace house or of a dwellinghouse in a conservation area or within the curtilage of a listed building by more than 16 square metres or 10%, whichever is the greater;

• (ii) in any other case, by more than 24 square metres or 20%, whichever is the greater;

• (iii) in any case by more than 30 square metres;

• (b) the height of the resulting building would exceed the height of the highest part of the roof of the original dwellinghouse;

• (c)

• (i) in the case of a dwellinghouse within a conservation area any part of that development would extend beyond the building line of the original dwellinghouse on any side of the house where its curtilage is bounded by a road;

• (ii) in any other case any part of that development 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;

• (d) any part of the development which would be within 2 metres of the boundary of the curtilage of the dwellinghouse—

• (i) would be increased in height as a result of the development; and

• (ii) would exceed 4 metres in height;

• (e) the total area of ground covered by buildings 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);

• (f) it would consist of or include the installation, alteration or replacement of a microwave antenna;

• (g) it would consist of or include the erection of a building within the curtilage of a listed building;

• (h) it would consist of or include any alteration to the roof of the original dwellinghouse; or

• (i) in the case of a dwellinghouse in a conservation area the development would consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles or any other material.

• (3) For the purposes of this class—

• (a) the erection within the curtilage of a dwellinghouse of any building with a floor area greater than 4 square metres and within 5 metres of any part of the dwellinghouse shall be treated as the enlargement of the dwellinghouse for all purposes;

• (b) where any part of the dwellinghouse would be within 5 metres of an existing building within the same curtilage, that building shall be treated as forming part of the resulting building for the purpose of calculating the floor area;

• (c) “resulting building” means the dwellinghouse as enlarged, improved or altered, taking into account any previous enlargement, improvement or alteration to the original dwellinghouse, whether permitted by classes 1 to 6 or not;

• “terrace house” means a dwellinghouse—situated in a row of three or more buildings used, or designed for use, as single dwellingh ouses; andhaving a mutual wall with, or having a main wall adjoining the main wall of, the dwelling house (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.

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;

• (c) the roof area of the enlargement exceeds 10% of the roof area of the dwelling house before development;

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

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

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 microwave antenna;

• (b) it consists of the provision, improvement or other alteration of a building or enclosure where as a result any part of such building or enclosure which is to be provided, improved or otherwise altered would be both less than 20 metres from any road which bounds the curtilage and nearer to the road than the part of the original dwellinghouse nearest to it;

• (c) it consists of the provision, improvement or other alteration of a building where the building to be provided, improved or otherwise altered would have a floor area greater than 4 square metres and 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.

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.

5

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

• (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;

• (c) any part of the container would be more than 3 metres above ground level;

• (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.

6

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

• (2) Development is not permitted by this class if–

• (a) it would result in the presence on a dwellinghouse, or within the curtilage of a dwellinghouse of–

• (i) more than two microwave antennas;

• (ii) a single microwave antenna exceeding 100 centimetres in length;

• (iii) two microwave antennas which do not meet the relevant size criteria;

• (iv) a microwave antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

• (v) a microwave antenna installed on a chimney, where the antenna would protrude above the chimney;

• (vi) a microwave antenna with a cubic capacity in excess of 35 litres;

• (b) in the case of a microwave antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

• (c) in the case of a microwave antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

• (d) in a designated area it would consist of the installation of a microwave antenna on a chimney, wall or roof slope which faces onto, and is visible from, a road.

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

• (a) the microwave antenna shall, as far as practicable, be sited so as to minimise its effect on the external appearance of the building on which it is installed; and

• (b) a microwave antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable.

• (4) The length of a microwave antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.

• (5) For the purposes of this class–

• “designated area” means a national scenic area, National Park, conservation area, historic garden or designed landscape, or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument; and

• “relevant size criteria” means that–only one of the microwave antennas may exceed 60 centimetres in length; andany microwave antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

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 or

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

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 classes 3E or 7.

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

• (c) where the building is a listed building or

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

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

10

• (1) Development consisting of a change of use of a building or land to a use within class 1A (shops and financial, professional and other services) from a use—

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

• (aa) for the sale of hot food for consumption off the premises;

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

• (c) for the sale or display for sale of motor vehicles.

• (2) Development is not permitted by sub-paragraph (1)(c) of this class if the change of use is of a building whose total floor area exceeds 235 square metres.

11

Development consisting of a change of use of a building or land to a use within class 1A (shops and financial, professional and other services) from a use within class 3 (food and drink) or a use for the sale of hot food for consumption off the premises.

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 6 (storage or distribution).

13

• (1) Development consisting of a change of use of a building or land to a use within class 6 (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.

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.

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 ..., 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.

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.

17

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

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

• (c) any excavation or engineering operations,

requisite for the purposes of agriculture within that unit.

• (1A) Development is not permitted by this class if, in the case of any development referred to in sub-paragraph (1)(a), the land is within a historic battlefield;

• (2) Subject to paragraph (4) 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;

• (c) a building, structure or works not designed for the purposes of agriculture would be provided on the land;

• (d) the ground area to be covered by any works or structure (other than a fence) for the purposes of accommodating livestock or any plant or machinery arising from engineering operations would exceed 465 square metres, calculated as described in sub-paragraph (5),

• (da) the ground area to be covered by any building erected or any building as extended or altered by virtue of this class—

• (i) is situated in a designated area and would exceed 465 square metres, calculated as described in sub-paragraph (5), or

• (ii) is situated elsewhere and would exceed 1,000 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.

• (4)

• (a) Development consisting of the erection of a building or the significant extension or significant alteration of a building ... 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;

• (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.

• (4A) Development consisting of the formation or alteration of a private way is permitted by this class subject to the following conditions—

• (a) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the design, manner of construction or route of the private way;

• (b) the application is to be accompanied by—

• (i) a description of the proposed development, including the proposed design and manner of construction, details of the materials to be used and a plan indicating the route of the private way; and

• (ii) any fee required to be paid;

• (c) the development is not to be commenced before the occurrence of one of the following:—

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

• (ii) the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

• (iii) the applicant has (or to the extent required has) received such approval from the planning authority;

• (d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

• (i) to the extent to which prior approval is required, in accordance with the details approved;

• (ii) to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

• (e) the development is to be carried out within a period of 3 years from the date on which all approvals required in accordance with this paragraph have been given.

• (5) For the purposes of this class—

• (a) the area of 0.4 hectares shall comprise one piece of land except within the areas of the following planning authorities, namely Argyll and Bute District Council, Badenoch and Strathspey District Council, Caithness District Council, Inverness District Council, Lochaber District Council, Orkney Islands Council, Ross and Cromarty District Council, Shetland Islands Council, Skye and Lochalsh 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;

• (c) the 400 metres measurement referred to in sub-paragraphs (2) and (3) is to be measured along the ground;

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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.

20

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

Peat

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; orany dwelling on that land occupied by a farmworker;

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

• “designated area” means— a national scenic area,a National Parka World Heritage Site,a historic garden or designed landscape,the curtilage of a category A listed building,a site of archaeological interest,a conservation area,

• “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— in respect of the period before 1 April 2021, 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,in respect of the period beginning on 1 April 2021, any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 20% 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,

• ...

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).

• (1A) Development is not permitted by this class if, in the case of any development referred to in sub-paragraph (1)(a), the land is within a historic battlefield.

• (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

• (c) any part of the development would be within 25 metres of the metalled portion of a trunk or classified road.

• (3)

• (a) Development consisting of the erection of a building or the significant extension or significant alteration of a building ... 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;

• (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.

• (4) Development consisting of the formation or alteration of a private way is permitted by this class subject to the following conditions:—

• (a) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the design, manner of construction or route of the private way;

• (b) the application is to be accompanied by—

• (i) a description of the proposed development, including the proposed design and manner of construction, details of the materials to be used and a plan indicating the route of the private way; and

• (ii) any fee required to be paid;

• (c) the development is not to be commenced before the occurrence of one of the following:—

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

• (ii) the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

• (iii) the applicant has (or to the extent required has) received such approval from the planning authority;

• (d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

• (i) to the extent to which prior approval is required, in accordance with the details approved;

• (ii) to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

• (e) the development is to be carried out within a period of 3 years from the date on which all approvals required in accordance with this paragraph have been given.

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;

• (c) the height of the building as extended or altered would exceed the height of the original building;

• (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.

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

• (c) the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

• (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.

25

• (1) The provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purposes of the undertaking concerned.

• (2) Development is not permitted by this class in the case of land within—

• (a) a site of archaeological interest;

• (b) a national scenic area;

• (c) a historic garden or designed landscape;

• (d) a historic battlefield;

• (e) a conservation area;

• (f) a National Park; or

• (g) a World Heritage Site.

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

• (a) the hard surface must be made of porous materials; or

• (b) provision must be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the industrial building or warehouse.

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.

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 1984²⁰.

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.

29

• (1) Development authorised by—

• (a) a local or private Act of Parliament or of the Scottish Parliament;

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

• (c) any order made under section 14 or 16 of the Harbours Act 1964²¹,

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.

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) street furniture (including electric vehicle charging points and any associated infrastructure) required in connection with the operation of any public service administered by them.

31

The carrying out by a roads authority–

• (a) on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where said works involve development by virtue of section 26(2)(b) of the Act; or

• (b) on land outside but adjoining the boundary of an existing road of works required for or incidental to the maintenance or improvement of the road.

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

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

• (a) works for the erection of dwellings, so long as those works conform to a local plan adopted under section 12 of the Act²²;

• (b) any development under the Housing (Scotland) Act 1987²³ 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;

• (c) any development under any enactment the estimated cost of which does not exceed £250,000 other than—

• (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.

In this class “dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building.

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

• (c) the construction or erection otherwise than wholly within a railway station of—

• (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.

Dock, pier, harbour, water transport, canal or inland navigation undertakings

35

• (1) The carrying out of development on operational land by statutory undertakers, or their lessees or agents, in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

• (a) for the purposes of shipping; ...

• (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;

• (c) in connection with the provision of services and facilities.

• (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; ...

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

• (iii) where development falls with paragraph (1)(c)—

• (aa) the erection of a building other than an operational building, or

• (bb) the alteration or reconstruction of a building other than an operational building where its design or external appearance would be materially affected.

• (2A) Development is permitted by this class subject to the condition that notice of the development is given to the planning authority before any development is carried out unless that development—

• (a) is urgently required for the efficient running of the dock, pier, harbour, water transport, canal or inland navigation undertaking, and

• (b) consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

• (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

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 1968²⁴ 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

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

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

39

• (1) Development by a public gas transporter 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 1965²⁵, 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 transporter 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 transporter.

• (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 1965²⁶; 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 transporter 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)—

• (i) the public gas transporter 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;

• (ii) the application shall be accompanied by a written description of the proposed development and 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 give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

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

• (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 perio d of five years from the date on which the planning authority were given the information referred to in sub-paragraph (c)(ii).

• (4) For the purposes of this class—

• “notifiable pipeline” means a pipeline (as that term is defined in section 65 of the Pipelines Act 1962²⁷ 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; ora flammable liquid, as specified in item 4 of Part II of the said Schedule.

Electricity undertakings

40

• (1) Development by an electricity undertaker 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 ... of any electronic communications line which connects any part of an electric line to any electrical plant or building, and the installation ... of any support for any such line;

• (ba) the replacement of any electronic communications line which connects any part of an electric line to any electrical plant or building, and the replacement of any support for any such line,

• (c) the carrying out of works for the purpose of survey or investigation and the installation of any plant or machinery reasonably necessary in connection with such works,

• (ca) the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure,

• (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 1989²⁸ applies; ...

• (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 45 cubic metres in capacity;

• (iii) it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 3 metres in height, or

• (iv) it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 29 cubic metres in capacity and would be located—

• (aa) within 5 metres of a dwelling,

• (bb) in a national scenic area,

• (cc) in a National Park,

• (dd) in a conservation area,

• (ee) in a historic garden or designed landscape,

• (ff) in a historic battlefield,

• (gg) in the curtilage of a listed building,

• (hh) in the site of a scheduled monument,

• (ii) in a World Heritage Site.

• (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 electronic communications line would exceed 1,000 metres in length;

• (ba) in the case of any development referred to in sub-paragraph (ca) if—

• (i) the height of any gate, fence, wall or other means of enclosure to be erected or constructed would exceed 3 metres above ground level, or

• (ii) 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 3 metres above ground level,

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

• (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;

• (ba) in the case of any development referred to in paragraph (1)(ba)—