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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

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(ii) the land shall be restored to its condition before the development took place, or to such other condition as may be agreed in writing between the planning authority and the developer.

(4) For the purposes of this class–

“approved body” means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC;

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept as a pet; for shows, races, exhibitions or competitions; for breeding; for sale; or for use by an approved body;

“poultry” means birds reared or kept in captivity for the production of meat or eggs for consumption, for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“relevant date” means the earlier of–26th March 2009; orthe date on which the use of the buildings permitted by this class ceases to be necessary for the purposes of protecting poultry or other captive birds from avian influenza,

“relevant notice” means a notice signed and dated by or on behalf of the developer and containing–the name of the developer;the address or location of the development (including a site plan and grid reference);the name and address of the owner and occupier of the land on which the development is being carried out;a description of the development (including a description of the type of poultry or other captive birds to be protected); andthe date on which development commenced; and

“unit” means land which is occupied as a unit for the same purpose or related purposes.

PART 1A — INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT

6A

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6B

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6C

(1) The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse or building containing a flat.

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

(a) the height of the flue would protrude more than one metre above the highest part of the roof (excluding any chimney) on which the flue is fixed;

(b) in the case of land within a conservation area or a World Heritage Site, the flue would be installed on the principal elevation of the dwellinghouse or building containing a flat; or

6D

The installation, alteration or replacement of a ground source heat pump and any associated pipes or apparatus within the curtilage of a dwellinghouse or building containing a flat.

6E

The installation, alteration or replacement of a water source heat pump and any associated pipes or apparatus within the curtilage of a dwellinghouse or building containing a flat.

6F

(1) The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse or building containing a flat.

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

(a) the height of the flue would protrude more than 1 metre above the highest part of the roof (excluding any chimney) on which the flue is fixed;

(b) in the case of land within a conservation area or World Heritage Site, the flue would be installed on the principal elevation of the dwellinghouse, or building containing a flat; or

(c) in the case of a combined heat and power system fuelled by biomass sources, the flue would be within an Air Quality Management Area.

Interpretation of Part 1A

For the purposes of Part 1A–

“Air Quality Management Area”, has the meaning given in section 83(1) of the Environment Act 1995;

“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building;

“free standing wind turbine” means a wind turbine which is not installed on a building;

“microgeneration” has the meaning given in section 82(6) of the Energy Act 2004 and “domestic microgeneration” means the production of electricity or heat for domestic consumption using microgeneration equipment;

“principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,

“rear elevation” means the elevation of the building that is opposite its principal elevation,

“side elevation” means the elevation of the building linking the principal elevation with the rear elevation,

“solar PV” means solar photovoltaics,

6G

(1) The installation, alteration or replacement of a free standing wind turbine within the curtilage of a dwelling.

(2) Development is not permitted by this class—

(a) if it would result in the presence within the curtilage of a dwelling of more than one free standing wind turbine,

(b) if the wind turbine would be situated a distance which is less than 110% of the blade tip height of the turbine from the curtilage of another dwelling,

(d) if the lowest part of the wind turbine blade tip would be less than 5 metres from ground level,

(e) within—

(i) a conservation area,

(ii) the curtilage of a listed building,

(iii) a World Heritage Site,

(iv) a site of special scientific interest,

(v) a site of archaeological interest.

(3) Development 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 will be required in respect of the siting, design, size and external appearance of the proposed wind turbine,

(b) the application is to be accompanied by—

(i) a written description of the proposed development, including details of the siting, design, size and external appearance of the proposed wind turbine, and

(ii) a plan indicating the site,

(i) the receipt by the applicant from the planning authority of a written notice of their determination that prior approval in respect of the siting, design, size and external appearance of the proposed wind turbine 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 of their determination that such approval is required, or

(iii) where the planning authority gives the applicant notice within a period of 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,

(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,

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

(f) the wind turbine must comply with MCS Planning Standards for wind turbines or equivalent standards,

(g) the wind turbine (including the blades) must be constructed and maintained in a uniform external finish and colour and be free from external rust, staining or discolouration,

(h) if the wind turbine is no longer needed for, or capable of, the generation of electricity it must be removed as soon as reasonably practicable.

6H

(1) The installation, alteration or replacement of an air source heat pump on a dwelling or within the curtilage of a dwelling.

(2) Development is not permitted by this class—

(a) if it would result in the presence on the same building or within the curtilage of a building of more than one air source heat pump;

(b) in the case of an installation, alteration or replacement of an air source heat pump on a dwelling if—

(i) any part of the development would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwelling; or

(ii) the air source heat pump would be within a conservation area, unless the air source heat pump would be—

(aa) at ground floor level; and

(bb) on the rear elevation;

(c) in the case of the installation, alteration or replacement of an air source heat pump within the curtilage of a building if—

(i) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road; or

(ii) any resulting structure would exceed 3 metres in height; or

(d) if the air source heat pump would be within—

(i) a World Heritage Site; or

(ii) the curtilage of a listed building.

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

(a) the air source heat pump must be used only for the purpose of providing domestic heating or hot water;

(b) where the air source heat pump is no longer needed for, or capable of, providing domestic heating or hot water it must be removed as soon as reasonably practicable;

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part 1A

PART 1B — INSTALLATION OF NON-DOMESTIC MICROGENERATION AND GENERATION EQUIPMENT

6I

(1) The installation, alteration or replacement of a ground source heat pump or a water source heat pump, and any associated equipment and underground pipes, within the curtilage of a non-domestic building.

(2) Development is not permitted by this class if the surface area of land under which the installation, alteration or replacement of any underground pipes (together with any other such pipes) is to be carried out would exceed 0.5 hectares.

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

(a) a site of archaeological interest;

(b) within the curtilage of a listed building;

(d) a historic garden or designed landscape.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Development is permitted by this class subject to the condition that the surface of the land on which any works have been carried out to install, alter or replace the underground pipes required in connection with either or both—

(a) a ground source heat pump;

(b) a water source heat pump;

must as soon as practicable after the development is completed be restored.

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

6J

(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a non-domestic building.

(2) Development is not permitted by this class—

(a) if any part of the solar PV or solar thermal equipment installed would protrude more than 1 metre from the surface of the building,

(b) if the building is situated in a conservation area and the solar PV or solar thermal equipment would be located on—

(i) the principal elevation, or

(ii) a side elevation where that elevation fronts a road,

(d) within 3 kilometres of an aerodrome or technical site,

(e) within—

(i) a national scenic area,

(ii) a historic garden or designed landscape,

(iii) a National Park,

(iv) World Heritage Site.

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

6K

(1) The carrying out on agricultural land comprised in an agricultural unit of works for the erection, extension or alteration of a non-domestic building or structure for the purpose of—

(a) the generation (including cogeneration) of energy from burning biomass;

(b) the generation (including cogeneration) of energy from anaerobic digestion of biomass; or

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

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

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

(b) the ground area to be covered by any building or structure erected or any building or structure as extended or altered, would exceed 465 square metres;

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

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

(e) any part of the development would be within 25 metres of a classified road; or

(f) any part of the development would be situated within 400 metres of the curtilage of a protected building.

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed—

(a) in relation to the generation of electricity, 50 kilowatts; or

(b) in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of generating energy from burning biomass is not permitted by this class in the case of land within an air quality management area.

(5) Development for the purposes of generating energy from burning biomass is not permitted by this class if—

(a) it would require more than one flue to be connected to the biomass equipment;

(b) the flue forming part of the biomass equipment would be either—

(i) greater than 500 millimetres in diameter; or

(ii) in the case of an alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(6) Development consisting of the erection of a building, structure or flue or the significant extension or significant alteration of a building, structure or flue 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 will be required in respect of the siting, design and external appearance of the proposed building, structure or flue;

(b) the application is to be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;

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

(ii) where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval;

(iii) 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;

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

(i) where prior approval is required, in accordance with the details approved; or

(ii) where prior approval is not required, in accordance with the details submitted with the application; and

(e) the development is to be carried out—

(i) where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given;

(ii) in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in sub-paragraph (6)(b).

(7) For the purposes of this class—

(a) the area of 0.4 hectares referred to in sub-paragraph (2)(a) shall comprise one piece of land except within the areas of the following planning authorities, namely Argyll and Bute Council, Highland Council, Orkney Islands Council, Shetland Islands Council and Comhairle nan Eilean Siar, 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)(b) 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 erected or has been erected within the preceding two years and any part of which would be within 90 metres of the proposed development; and

(8) In this class—

“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;

“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 consumption 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; and

“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—a building within the agricultural unit; ora dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

6L

(1) The carrying out on land used for the purposes of forestry, including afforestation works for the erection, extension or alteration of a non-domestic building or structure for the purpose of—

(a) the generation (including cogeneration) of energy from burning biomass;

(b) the generation (including cogeneration) of energy from anaerobic digestion of biomass; or

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

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

(a) the height of any building, structure or flue within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height;

(b) any part of the development would be within 25 metres of a classified road; or

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed—

(a) in relation to the generation of electricity, 50 kilowatts; or

(b) in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of the generation of energy from burning biomass is not permitted by this class—

(a) in the case of land within an air quality management area;

(b) if it would require more than one flue to be connected to biomass equipment;

(i) greater than 500 millimetres in diameter; or

(ii) in the case of the alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(5) Development 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 will be required in respect of the siting, design and external appearance of the proposed building, structure or flue;

(b) the application is to be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;

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

(ii) where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval;

(iii) 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;

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

(i) where prior approval is required, in accordance with the details approved;

(ii) where prior approval is not required, in accordance with the details submitted with the application; and

(e) the development is to be carried out—

(i) where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given;

(ii) in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in sub-paragraph (5)(b).

(6) For the purposes of this class, “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 a building on land used for the purposes of forestry including afforestation.

6M

(1) The extension or alteration of an industrial building or a warehouse for the purpose of either or both—

(a) the generation (including cogeneration) of energy from burning biomass;

(b) the storage of biomass

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

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

(a) the height of the building, structure or flue as extended or altered would exceed the height of the original building, structure or flue;

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

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

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

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of an industrial warehouse or building would exceed—

(a) in relation to the generation of electricity, 50 kilowatts; or

(b) in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of the generation of energy from burning biomass is not permitted by this class—

(a) in the case of land within an air quality management area;

(b) if it would require more than one flue to be connected to the biomass equipment;

(i) greater than 500 millimetres in diameter; or

(ii) in the case of the alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(5) Development is permitted by this class subject to the condition that where any building, structure or flue is extended or altered the extension or alteration must only be used to house equipment required in connection with the generation of energy from burning biomass.

(6) 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;

(c) “industrial building” means a building used for the carrying out of an industrial process 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 on land in or adjacent to and occupied together with a mine; and

(d) “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.

Interpretation of Part 1B

For the purposes of Part 1B—

“air quality management area” has the meaning given in section 83(1) of the Environment Act 1995;

“cogeneration” means the simultaneous generation in one process of thermal energy and electrical and/or mechanical energy;

“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building;

“free standing solar PV” means solar PV which is not installed on a building,

“free standing solar thermal equipment” means solar thermal equipment which is not installed on a building,

“microgeneration” has the meaning given in section 82(6) of the Energy Act 2004;

“non-domestic building” means a building other than a dwelling or a building containing a dwelling;

“principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,

“rear elevation” means the elevation of the building that is opposite its principal elevation,

“side elevation” means the elevation of the building linking the principal elevation with the rear elevation,

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

“solar PV” means solar photovoltaics;

“technical site” means—any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 for the provision of air traffic services, particulars of which have been furnished by the Scottish Ministers or the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated; orany area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated.

Notification of an application for a determination under class 67

7A

(1) A planning authority must give notice in accordance with this article that an application for a determination made under sub-paragraph (3)(b)(i) of class 70 (a building operation consisting of the demolition of a building) of Schedule 1 has been made.

(2) Notice under paragraph (1) is to be given where there are premises situated on the neighbouring land to which the notice can be sent to the owner, lessee or occupier of such premises, by sending a notice addressed to “the Owner, Lessee or Occupier” to such premises.

(3) The notice to be given in accordance with paragraph (2) must—

(a) state the date on which the notice is sent;

(b) state the name of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent;

(d) include a description of the demolition to which the application relates;

(e) include the postal address of the land to which the demolition relates, or if the land in question has no postal address, a description of the location of the land;

(f) state how the application and other documents submitted in connection with it may be inspected;

(g) state that representations may be made to the planning authority regarding the method of demolition and proposed restoration of the site; and

(h) include information as to how and by which date (being a date not earlier than 14 days after the date on which the notice is sent) such representations may be made.

(4) In this article “neighbouring land” means an area or plot of land which, or part of which, is conterminous with or within 20 metres of the boundary of the land for which the development is proposed.

Enlargement of a dwellinghouse

1A

(1) Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.

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

(za) the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) any part of the development would be within 1 metre of the boundary of the curtilage of the dwellinghouse and it would extend beyond the line of the wall forming part of the rear elevation that is nearest that boundary by more than—

(i) 3 metres in the case of a terrace house; or

(ii) 4 metres in any other case;

(d) any part of the development would exceed 4 metres in height;

(e) as a result of the development the area of ground covered by the resulting dwellinghouse would be more than twice the area of ground covered by the original dwellinghouse;

(f) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); or

(g) it would be within a conservation area.

1B

(1) Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement.

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

(za) the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) any part of the development would be within 10 metres of the boundary of the curtilage of the dwellinghouse;

(c) as a result of the development the height of the dwellinghouse would exceed the height of the existing dwellinghouse, when measured at the highest part of the roof and excluding any chimney;

(d) as a result of the development the area of ground covered by the resulting dwellinghouse would be more than twice the area of ground covered by the original dwellinghouse;

(e) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); or

(f) it would be within a conservation area.

1C

(1) The erection, construction or alteration of any porch outside any external door of a dwellinghouse.

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

(za) the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,

(a) its footprint would exceed 3 square metres;

(b) any part of it would be within 2 metres of a boundary between the curtilage of the dwellinghouse and a road;

(d) it would be within a conservation area.

1D

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

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

(za) the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,

(a) it would be on a roof plane forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) it would be on a roof plane and would be within 10 metres of the boundary of the curtilage of the dwellinghouse which that roof plane fronts;

(c) as a result of the development the height of the dwellinghouse would exceed the height of the existing dwellinghouse, when measured at the highest part of the roof and excluding any chimney;

(d) its width would exceed half the total width of the roof plane, measured at the eaves line, of the dwellinghouse;

(e) any part of the development would be within 0.3 metres of any edge of the roof plane of the dwellinghouse; or

(f) it would be within a conservation area.

Improvements or alterations to a dwellinghouse which are not enlargements

2A

(1) The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse.

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

(a) the combined length of all flights forming part of the access ramp would exceed 5 metres;

(b) the combined length of all flights and landings forming part of the access ramp would exceed 9 metres;

(d) the combined height of the ramp and any wall (excluding any external wall of the dwellinghouse), fence, balustrade, handrail or other structure attached to it would exceed 1.5metres; or

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

2B

(1) Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement.

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

(a) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwellinghouse;

(b) it would be a wind turbine;

(d) it would be on the roof and would result in a raised platform or terrace;

(e) it would be within a conservation area; or

(f) it would be development described in class 2A(1), 3B(1), 6C(1), 6F(1), 6H(1) , 6HA(1), 6HB(1), 6HC(1), 7A(1) , 67(1) or 72(1).

(3) Development is permitted by this class subject to the condition that the materials used for any roof covering must be as similar in appearance to the existing roof covering as is reasonably practicable.

Other development within the curtilage of a dwellinghouse

3A

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

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

(za) the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,

(a) it consists of a dwelling;

(b) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(d) any part of the development would exceed 4 metres in height;

(e) any part of the development within 1 metre of the boundary of the curtilage of the dwellinghouse would exceed 2.5 metres in height;

(f) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); ...

(g) in the case of land ... within the curtilage of a listed building, the resulting building would have a footprint exceeding 4 square metres , or

(h) in the case of land in a conservation area, the resulting building would have a footprint exceeding 8 square metres.

3B

(1) The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

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

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) any resulting structure would exceed 3 metres in height;

(c) as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck);

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

(e) it would be development described in class 3A(1), 3C(1), 3D(1), 3E(1), 6D, 6E, 6G(1), 6H(1) , 6HA(1) or 8.

3C

(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface.

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

(3) Development is permitted by this class subject to the condition that where the hard surface would be located between the dwellinghouse and a road bounding the curtilage of the dwellinghouse—

(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 dwellinghouse.

3D

(1) The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

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

(za) the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b) the floor level of any part of the deck or platform would exceed 0.5 metres in height;

(c) the combined height of the deck and any wall, fence, balustrade, handrail or other structure attached to it, would exceed 2.5 metres; or

(d) in the case of land within a conservation area or within the curtilage of a listed building the deck or platform would have a footprint exceeding 4 square metres.

3E

(1) The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

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

(a) any part of the resulting gate, fence, wall or other means of enclosure would exceed 2 metres in height;

(b) any part of the resulting gate, fence, wall or other means of enclosure would exceed one metre in height where it—

(i) fronts a road; or

(ii) extends beyond the line of the wall of the principal elevation or side elevation that is nearest a road;

(c) it replaces or alters an existing gate, fence, wall or other means of enclosure and exceeds whichever is the greater of the original height or the heights described in sub-paragraphs (a) and (b);

(d) it would be within a conservation area; or

(e) it would be within, or bound, the curtilage of a listed building.

PART 1ZA — DEVELOPMENT TO A BUILDING CONTAINING A FLAT

4A

(1) Any improvement or other alteration to the external appearance of a dwelling situated within a building containing one or more flats.

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

(a) it would be an enlargement;

(b) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney;

(d) it would be a balcony;

(e) it would be on the roof and would result in a raised platform or terrace;

(f) it would be a wind turbine;

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

(h) it would be development described in class 6C(1), 6F(1) , 6H(1), 6HA(1), 6HB(1), 6HC(1), 7A(1) , 67(1) or 72(1).

(3) For the purposes of this class—

“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;

“enlargement” means any development that increases the internal volume of the original building, and includes a canopy or roof, with or without walls, which is attached to the building but does not include a balcony;a “window” or “door” includes its frame; andthe measurement of a dimension is a reference to the measurement of external dimensions.

PART 6A — Fish Farming

21A

(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—

(a) replacing an existing finfish pen (including within the area of a fallow fish farm)—

(i) in the same location with a finfish pen of a different size, colour or design;

(ii) in a different location with a finfish pen of a different size, colour or design; or

(iii) in a different location with a finfish pen of the same size, colour and design;

(aa) within the area of a fallow fish farm, replacing an existing finfish pen in the same location with a finfish pen of the same size, colour and design;

(b) relocation of an existing finfish pen; or

(2) Development is not permitted by paragraph (1)(a)(i) or (ii) or (c) of this class in respect of any tank or pen which—

(a) is circular and has a circumference greater than 200 metres; or

(b) is not circular and is greater than 3,182 square metres in area.

(3) Development is not permitted by paragraph (1)(a)(i) or (ii) or (c) of this class if as a result of the replacement or installation of a finfish pen the surface area of the waters covered by the equipment comprising the fish farm as altered or extended—

(a) would be , or would be greater than, 20,000 square metres; or

(b) would be—

(i) more than 1,100 square metres greater; or

(ii) 10% greater,

than the surface area of the waters covered by the original equipment.

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

(a) any biomass contained within a fish pen mentioned in paragraph (1) must not, taken together with other biomass contained within the area of the existing fish farm, exceed the maximum amount of biomass permitted to be contained within that area under the terms of any existing permission, consent or licence under which the fish farm operates;

(aa) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out;

(b) 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—

(i) the size, colour and design of the finfish pen; and

(ii) if the finfish pen is an additional finfish pen or is to be located in a different place from the finfish pen it replaces, its location;

(i) a description of the proposed finfish pen, including details of its size, colour and design;

(ii) where the finfish pen is to be relocated, a description of both its current location within the area of the existing fish farm and its proposed location;

(iii) where the finfish pen is an additional finfish pen, a description of its proposed location;

(iv) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(v) any fee required to be paid;

(d) 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 28days 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;

(e) 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

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21B

(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—

(a) replacing an existing feed barge, in the same or a different location, with a feed barge of—

(i) the same size, colour and design; or

(ii) a different size, colour or design; or

(b) relocation of an existing feed barge.

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

(a) where the feed barge is—

(i) to be relocated;

(ii) to be located in a different place to the feed barge it replaces; or

(iii) of a different size, colour or design to the feed barge it replaces,

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, as the case may be, in respect of the size, colour or design of, or the location of, the feed barge;

(b) the application is to be accompanied by—

(i) a description of the proposed feed barge, including details of its proposed size, colour and design;

(ii) where the feed barge is to be relocated, a description of both its current location within the area of the existing fish farm and its proposed location;

(iii) where the feed barge is to be in a different place to the feed barge it replaces, both a description of the location of that feed barge and of the proposed location of the replacement feed barge;

(iv) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(v) any fee required to be paid;

(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 28days 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; ...

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

(f) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

21C

(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—

(a) replacing an existing top net or support for a top net with a top net or support of the same size, colour and design; or

(b) replacing an existing top net or support for a top net with a top net or support of a different size, colour or design.

(2) Development described in paragraph (1)(a) within the area of a fallow fish farm or development described in paragraph (1)(b) is permitted by this class subject to the following conditions—

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

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) 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—

(i) in respect of the size of the proposed equipment to support the top net; and

(ii) ... in respect of the colour or design of the proposed top net or support;

(i) a description of the proposed equipment, including details of its size and where the top net or support is of a different colour or design than the existing top net or support, its colour or design;

(ii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii) any fee required to be paid;

(d) 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 28days 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;

(e) 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

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

(3) Development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

21D

(1) The placing or assembly of any equipment within the area of an existing fish farm required temporarily in connection with the operation of the fish farm.

(2) Development is not permitted by this class—

(a) in respect of any equipment described in paragraph(1) of any other class within this Part;

(b) if the surface area of the waters which would be covered by the proposed equipment is greater than 1% of the surface area of the waters covered by the equipment comprised in the fish farm; or

(c) in respect of any equipment (or equipment used for the same or equivalent purpose) which has been removed from the area of the existing fish farm within the preceding 12 months.

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

(a) where there is a feed barge within the fish farm, any equipment placed or assembled is not to be greater in height than onehalf the height of any feed barge;

(b) where there is no feed barge within the fish farm any equipment placed or assembled is not to be greater in height than 2.5metres;

(bb) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out;

(c) 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 size, colour, design and location of the proposed equipment;

(d) the application is to be accompanied by—

(i) a description of the proposed equipment, including details of its size, colour, design and proposed location;

(ii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii) any fee required to be paid;

(e) 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 28days 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;

(f) 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;

(g) the development is to be carried out within a period of threeyears from the date on which all approvals required in accordance with this paragraph have been given; and

(h) any equipment must be removed at the expiry of the allowed period and notification of such removal is to be given to the planning authority in writing within 14days after the date of removal.

(4) In this class, the “allowed period” means, in respect of any particular item of equipment, a period of three months commencing on the date on which that equipment was placed or assembled.

21E

(1) The placing or assembly of a long-line for use in shellfish farming within the area of an existing fish farm.

(2) Development is permitted by this class subject to the limitation that only one additional line may be placed or assembled within the area of the fish farm by virtue of this class for every 6 long lines comprised in the original equipment relating to that fish farm.

(3) Development other than where the development in question is the replacement of an existing long line in the same location with a long line of the same size, colour and design and is not within the area of a fallow fish farm, 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 size, colour, design or location of the proposed long line;

(b) the application is to be accompanied by—

(i) a description of the proposed long line, including details of its size, colour, design and proposed location;

(ii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii) any fee required to be paid;

(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 28days 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; ...

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

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) Development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21F

(1) Development consisting of a change of use of a fish farm—

(a) to the breeding, rearing or keeping of halibut (Hippoglossus hippoglossus) where the established use of that fish farm is the breeding, rearing or keeping of Atlantic salmon (Salmo salar);

(b) to the breeding, rearing or keeping of Atlantic salmon (Salmo salar) where the established use of that fish farm is the breeding, rearing or keeping of sea trout (Salmo trutta) or rainbow trout (Oncorhynchus mykiss); ...

(c) to the breeding, rearing or keeping of sea trout (Salmo trutta) or rainbow trout (Oncorhynchus mykiss) where the established use of that fish farm is the breeding, rearing or keeping of Atlantic salmon (Salmo salar).

(d) to the breeding, rearing or keeping of scallop (Aequipecten opercularis or Pecten maximus) where the established use of that fish farm is the breeding, rearing or keeping of—

(i) mussel (Mytilus);

(ii) Pacific oyster (Crassostrea gigas); or

(iii) native oyster (Ostrea edulis);

(e) to the breeding, rearing or keeping of mussel (Mytilus) where the established use of that fish farm is the breeding, rearing or keeping of—

(i) scallop (Aequipecten opercularis or Pecten maximus);

(ii) Pacific oyster (Crassostrea gigas); or

(iii) native oyster (Ostrea edulis); or

(f) to the breeding, rearing or keeping of native oyster (Ostrea edulis) where the established use of that fish farm is the breeding, rearing or keeping of—

(i) mussel (Mytilus);

(ii) scallop (Aequipecten opercularis or Pecten maximus); or

(iii) Pacific oyster (Crassostrea gigas).

(2) In this Class, “established use” means lawful use within the meaning of section 150 of the Act.

Interpretation of Part 6A

For the purposes of this Part—

(1) The following expressions have the following meanings—

“authorised mooring” means a mooring which is original equipment or which is placed or assembled by virtue of planning permission granted by Part 6A of this Order;

“equipment” and “fish farming” have the meanings given in section 26(6) of the Act;

“fish farm” means a place used for the purposes of fish farming;

“fallow fish farm” means a fish farm treated as forming an existing fish farm by virtue of paragraph (1A);

“finfish pen” means a tank or cage used for the purposes of fish farming other than for the breeding, rearing or keeping of shellfish (including any kind of sea urchin, crustacean or mollusc);

“mooring” includes an anchor;

“original equipment” means in relation to a fish farm, the equipment placed or assembled in respect of that fish farm pursuant to consent granted by—planning permission granted following an application made under Part III of the Act;a relevant authorisation; orby a combination of such planning permission and a relevant authorisation; and

“relevant authorisation” has the meaning given in article 14(6)(c) of the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007.

(1A) Where—

(a) before 1st July 2018 all equipment relating to a fish farm, other than one or more moorings, has been removed; or

(b) on or after 1st July 2018 all equipment relating to a fish farm, other than three or more moorings, has been removed and the planning authority have been given notice in writing of—

(i) the date on which the last item of such equipment was removed; and

(ii) the location of the remaining moorings,

then to the extent that the remaining mooring or moorings are authorised moorings, that remaining equipment is to be treated as forming an existing fish farm for a period of 9 years after the date on which the last item of such other equipment was removed notwithstanding the removal of that equipment.

(1B) In relation to placement or assembly of equipment for the purpose of replacement or relocation of equipment—

(a) references to existing equipment are to be treated as including the removed equipment but in relation to replacement or placement or assembly of equipment in the area of a fallow fish farm only where no more than 9 years have passed since the equipment in question was removed; and

(b) references to the current location of the equipment which is to be relocated are references to the location of the equipment before it is removed or relocated.

(2) The area of an existing fish farm means in relation to—

(a) a fallow fish farm which is treated as forming an existing fish farm by virtue of paragraph (1A)(a), the area within which fish farming development had been permitted in terms of the planning permission or relevant authorisation in accordance with which the remaining authorised mooring or moorings had been placed or assembled;

(b) a fallow fish farm which is treated as forming an existing fish farm by virtue of paragraph (1A)(b), the area which, if the remaining authorised moorings (the location of which being as set out in the notice referred to in paragraph (1A)(b)) were to be connected by straight lines, would be enclosed by such imaginary lines;

(c) a fish farm (other than a fallow fish farm) where fish farming development is permitted in terms of planning permission granted following an application made under Part III of the Act, the area within which such fish farming development is permitted in terms of that planning permission; and

(d) any other fish farm, the area which, if the moorings used in relation to that fish farm were to be connected by straight lines, would be enclosed by such imaginary lines.

(3) The height of equipment is to be measured from the surface of the water.

PART 2A — SHOPS OR CATERING, FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS

9A

(1) The extension or alteration of a shop or financial or professional services establishment.

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 100 square metres;

whichever is the lesser;

(b) the height of the building as extended or altered would exceed 4 metres;

(c) any part of the development, other than an alteration, would be within 10 metres of any boundary of the curtilage of the premises;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles;

(e) the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(f) any part of the development would alter or extend beyond an existing shop or financial or professional services establishment front; ...

(g) the building as extended or altered is to be used for purposes other than that of the shop or financial or professional services establishment concerned;

(h) it would be development described in class 7A(1).

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

(a) a site of archaeological interest;

(b) a national scenic area;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) 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 other use, 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.

(5) In this class—

“enclosed shopping centre” means a building containing shops having frontages to an arcade or mall or other covered circulation area;

“raised platform” means a platform with a height greater than 300 millimetres;

“retail park” means a group of 3 or more retail stores, at least one of which has a minimum internal floor area of 1,000 square metres and which—are set apart from existing shopping centres but within an existing or proposed urban area;sell primarily goods other than food; andshare one or more communal car parks;

“shop or financial or professional services establishment” means a building, or part of a building, used for any purpose within class 1A to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended except for the purposes of an enclosed shopping centre or retail park; ...

9B

(1) The erection or construction of a trolley store within the curtilage of a shop.

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

(a) the gross floor space of the building or enclosure erected would exceed 20 square metres;

(b) the height of the building or enclosure would exceed 3 metres; or

(3) Development is not permitted by this class in the case of land within a conservation area.

(4) Development is permitted by this class subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.

(5) In this class—

“shop” means a building used for any purpose within paragraph (1) of class 1A of the Schedule to the Use Classes Order; and

“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

Interpretation of Part 2A

Any reference in Part 2A to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

PART 2B — SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITAL BUILDINGS

9C

(1) The extension or alteration of—

(a) a school, college, university or hospital building;

(b) a nursing home or building used for the provision of care (other than a use within class 9 of the Use Classes Order).

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 100 square metres;

whichever is the lesser;

(b) the height of the building as extended or altered would exceed 4 metres;

(c) any part of the development, other than an alteration would be within 10 metres of any boundary of the curtilage of the premises;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles;

(e) the development would result in any land used as a playing field when the development commenced being no longer capable of such use;

(f) the development would consist of or include the construction or provision of a veranda, balcony, or raised platform;

(g) the development would consist of or include the construction or provision of an incinerator;

(h) the development would constitute development of any of the classes specified in Schedule 2 (bad neighbour development); ...

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

(j) it would be development described in class 7A(1).

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

(a) a site of archaeological interest;

(b) a national scenic area;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b) “care” means personal care including the provision of appropriate help with physical and social needs or support including medical care and treatment; and

“raised platform” means a platform with a height greater than 300 millimetres;

PART 2C — OFFICE BUILDINGS

9D

(1) The extension or alteration of an office building.

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 50 square metres;

whichever is the lesser;

(b) the height of the building as altered or extended would exceed 4 metres;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles; ...

(e) the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(f) it would be development described in class 7A(1)

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

(a) a site of archaeological interest;

(b) a national scenic area;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it; and

(b) “raised platform” means a platform with a height greater than 300 millimetres; ...

...

PART 2D — RECHARGING ELECTRICAL OUTLETS

9E

(1) The installation, alteration or replacement, within a qualifying parking area, of an electrical outlet mounted on a wall for recharging electric vehicles.

(2) Development is not permitted by this class if the electrical outlet (including its casing) would—

(a) exceed 0.5 cubic metres; or

(b) face onto and be within 2 metres of a road.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Development is permitted by this class subject to the conditions that when no longer needed as a charging point for electric vehicles—

(a) the development must be removed as soon as reasonably practicable; and

(b) the wall on which the development was mounted or into which the development was set must be reinstated—

(i) as soon as reasonably practicable, and so far as reasonably practicable, to its condition before that development was carried out, or

(ii) in accordance with a restoration plan agreed in writing with the planning authority.

9F

(1) The installation, alteration or replacement, within a qualifying parking area of—

(a) an upstand with an electrical outlet mounted on it for recharging vehicles,

(b) equipment (including equipment housing) necessary for the operation of such an upstand.

(2) Development is not permitted by this class if the upstand and the outlet (including its casing) would—

(a) exceed 2.7 metres in height from the level of the surface used for the parking of vehicles,

(aa) if located within the curtilage of a dwellinghouse, or of a building containing one or more flats exceed 1.6 metres in height from the level of the surface used for the parking of vehicles,

(b) be within 2 metres of a road; or

(2A) Development is not permitted by this class where any piece of equipment, (including equipment housing) other than an upstand would—

(a) exceed 29 cubic metres,

(b) exceed 3 metres in height from the level of the surface used for the parking of vehicles,

(d) be within the curtilage of a dwellinghouse, or a building containing one or more flats,

(e) be within 10 metres of the curtilage of a dwellinghouse or a building containing one or more flats.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) Development is permitted by this class subject to the condition that any lighting or illumination forming part of the development—

(a) is directed towards the surface used for the parking of vehicles, and

(b) only illuminates the immediate area of the development.

(5) Development is permitted by this class subject to the conditions that when the development is no longer needed as a charging point for electric vehicles—

(a) the development must be removed as soon as reasonably practicable; and

(b) the land on which the development was mounted or into which the development was set must be reinstated—

(i) as soon as reasonably practicable, and so far as reasonably practicable, to its condition before that development was carried out, or

(ii) in accordance with a restoration plan agreed in writing with the planning authority.

Interpretation of Part 2D

For the purposes of Part 2D—

“qualifying parking area” means an area which—has—as its primary use lawful off-street parking, anda hard surface, oris within the curtilage of a dwellinghouse or a building containing one or more flats.

PART 2E — ACCESS RAMPS

9G

(1) The erection, construction or alteration of any access ramp outside an external door of a non-domestic building.

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

(a) the combined length of all flights forming part of the access ramp would exceed 5 metres;

(b) the combined length of all flights and platforms forming part of the access ramp would exceed 9 metres;

(d) the combined height of the ramp and any wall (excluding any external wall of the non-domestic building), fence, balustrade, handrail or other structure attached to it would exceed 1.5 metres; or

(e) the development would result in a reduction in the space available for the parking or turning of vehicles.

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

(a) a site of archaeological interest;

(b) a national scenic area;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) Development is permitted by this class subject to the condition that the materials used for the facing of the access ramp must be of similar appearance to those used in the construction of the facing of the existing non-domestic building.

(5) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b) “non domestic building” means a building other than a dwelling or a building containing a dwelling;

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

“World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.

PART 25B — ANCIENT MONUMENTS

72B

(1) The carrying out by or on behalf of the Scottish Ministers of development—

(a) consisting of the maintenance, repair or reinstatement of any ancient monument; or

(b) in exercise of their functions under the Ancient Monuments and Archaeological Areas Act 1979.

(2) Development is not permitted by Class 72B(1)(b) if the works involve the provision of facilities or services under section 20 of the Ancient Monuments and Archaeological Areas Act 1979 (provision of facilities for the public in connection with ancient monument).

(3) For the purposes of this class—

(a) development is not to be treated as being carried out by or on behalf of the Scottish Ministers where it is carried out by—

(i) Historic Environment Scotland; or

(ii) any person prescribed under section 3 of the Historic Environment Scotland Act 2014,

in the exercise of any function delegated to Historic Environment Scotland or such person, as the case may be, by the Scottish Ministers under that section; and

(b) “ancient monument” has the same meaning as in section 61 of the Ancient Monuments and Archaeological Areas Act 1979.

Development consisting of a change of use of a building or land to a use within-

Class 13A

(1) Development consisting of a change of use of a building or land from use as a betting office or pay day loan shop to a use within class 1A (shops and financial, professional and other services.

Interpretation of Part 3—

7ZA

(1) A planning authority must give written notice in accordance with this article that an application has been submitted under sub-paragraph (23)(b) of class 67 (development by electronic communications code operators) of schedule 1.

(2) Notice under paragraph (1) is to be given where there are premises situated on neighbouring land to which the notice can be sent to the owner, lessee or occupier of such premises, by sending a notice addressed to “the Owner, Lessee or Occupier” to such premises.

(3) The notice under paragraph (1) must—

(a) state the date on which the notice is sent;

(b) state the name of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent;

(d) include a description of the development to which the application relates;

(e) include the postal address of the land to which the application relates, or if the land has no postal address, a description of the location of the land;

(f) state how the application and other documents submitted in connection with it may be inspected;

(g) state that representations may be made to the planning authority with regard to the siting and appearance of the development and include information as to how representations may be made and the period within which they may be made (which must be not less than 14 days beginning with the day after the day on which the notice is sent); and

(h) be accompanied by a plan showing the situation of the land to which the application relates in relation to neighbouring land.

(4) In this article “neighbouring land” has the same meaning as in article 7A(4).

7ZB

When a planning authority is in receipt of an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 in respect of development which would be located within Cairngorms National Park they must give written notice of the application to Cairngorms National Park Authority within a period of 5 days beginning with the date on which the planning authority is in receipt of an application which conforms to all of the requirements of sub-paragraph (23)(c).

7ZC

When a planning authority is in receipt of an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 which conforms to all of the requirements of sub-paragraph (23)(c) they must until such time as they have determined the application—

(a) publish the information described in article 7ZA(3)(b) to (g) by means of the internet on their website; and

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