(a) a building has been rendered unsafe or uninhabitable by the action or inaction of any person having an interest in the land on which the building stands; and

(b) it is practicable to secure safety or health by works of repair or works for affording temporary support.

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

(a) where demolition of the building is urgently necessary in the interests of safety or health the developer shall, as soon as reasonably practicable, give the planning authority a written justification for the demolition;

(b) where the demolition is demolition of a qualifying building, does not fall within condition (a) and is not excluded demolition—

(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 method of the proposed development and any proposed restoration of the site;

(ii) the application shall be accompanied by a written description of the proposed development ... and any fee required to be paid;

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

(iv) 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;

(v) 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;

(vi) 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 (b)(ii).

Interpretation of Part 23

For the purposes of Part 23—

“building” does not include part of a building;

“excluded demolition” means demolition—on land which is the subject of a planning permission for the redevelopment of the land—granted under Part III of the Act (except under article 3 of, and this Schedule to, this Order), ordeemed to be granted under that Part of that Act,where the demolition is necessary in order to implement that planning permission, orrequired or permitted to be carried out by or under any enactment, orrequired to be carried out by any provision of an agreement made under section 50 of the Act;

“qualifying building” means—a dwellinghouse;a building containing one or more flatted dwellings; ora building having a mutual wall with, or having a main wall adjoining the main wall of a dwellinghouse or a building containing one or more flatted dwellings,but for the purposes of this definition—a building is not to be regarded as a dwellinghouse or as containing one or more flatted dwellings if use as a dwelling is ancillary to any non-residential use of that building or other buildings on the same site; andeach house in a pair of semi-detached houses and every house in a row of terrace houses (whether or not, in either case, the house is in residential use) is to be regarded as a building.

PART 24 — TOLL ROAD FACILITIES

Class 71

(1) Development consisting of—

(a) the setting up and the maintenance, improvement or other alteration of facilities for the collection of tolls;

(b) the creation of a hard surface to be used for the parking of vehicles in connection with the use of such facilities.

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

(a) it is not located within 100 metres (measured along the ground) of the boundary of a toll road;

(b) the height of any building or structure would exceed—

(i) 7.5 metres excluding any rooftop structure; or

(ii) 10 metres including any rooftop structure;

(c) the aggregate floor area at or above ground level of any building or group of buildings within a toll collection area, excluding the floor area of any toll collection booth, would exceed 1500 square metres.

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

(a) 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 facilities for the collection of tolls;

(b) the application shall be accompanied by a written description of the proposed development and the materials to be used together with plans and elevations, and 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 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;

(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 shall, 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;

(e) the development shall be carried out—

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

(ii) 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 (3)(b).

Interpretation of Part 24

For the purposes of Part 24—

“facilities for the collection of tolls” means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;

“ground level” means the level of the surface of the ground immediately adjacent to the building or group of buildings in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;

“rooftop structure” means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is—so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;lift machinery; orreasonably required for safety purposes;

“toll” means a toll which may be charged pursuant to a toll order;

“toll collection area” means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;

“toll collection booth” means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;

“toll road” means a road which is the subject of a toll order; and

“toll order” has the same meaning as in Part II of the New Roads and Street Works Act 1991.

Public gas transporters

PART 25 — CLOSED CIRCUIT TELEVISION CAMERAS

Class 72

(1) The installation, alteration or replacement on any building or other structure of a closed circuit television camera for security purposes.

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

(a) the development is in a conservation area or a national scenic area;

(b) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(d) any part of the camera would, when installed, altered or replaced, protrude from the surface of the building or structure by more than one metre when measured from the surface of the building or structure;

(e) any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building or structure at a point which is more than one metre from any other point of contact;

(f) any part of the camera would be less than 10 metres from any part of another camera installed on a building or structure;

(g) the development would result in the presence of more than four cameras on the same side of the building or structure; or

(h) the development would result in the presence of more than 16 cameras on the building or structure.

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

(a) the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is situated;

(b) the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes;

(c) the field of vision of the camera shall, so far as practicable, not extend beyond the boundaries of the land upon which the building or structure is erected or of any area which adjoins that land and to which the public have access.

(4) For the purposes of this class—

“camera”, except in paragraph (2)(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets.

Sewerage undertakings

43A

(1) Any development relating to sewerage by a sewerage authority or by a person authorised under section 3A of the Sewerage (Scotland) Act 1968 in relation to that development, being–

(a) development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe or sludge main or associated apparatus; or

(b) development consisting of the erection, construction, maintenance, improvement or other alteration of–

(i) a control kiosk for a pump station or monitoring station, where the control kiosk does not exceed 6 cubic metres in volume, 2 metres in height, 3 metres in width or 1 metre in depth;

(ii) a sewer pipe which is supported on pillars or a truss above ground to maintain a gradient and which does not exceed 1 metre in height;

(iii) a raised manhole cover or sampling chamber which does not exceed 1 metre in height or 1 metre in width;

(iv) a vent pipe which does not exceed 3 metres in height; or

(v) a concrete head wall for sewer discharge pipes which does not exceed 1.5 metres in height, 1.5 metres in length or 0.5 metre in depth.

(2) Development is permitted by this class subject to the condition that not less than 28 days before the beginning of operations the sewerage authority or, as the case may be, the person authorised under section 3A of the Sewerage (Scotland) Act 1968 shall give notice in writing to the planning authority of its intention to carry out the development, identifying the land under or on which the development is to take place.

Universal Service Providers

Water Management

18A

(1) The carrying out of ... drainage for agriculture or of any other water management project for that purpose , but not including the carrying out of irrigation work.

(2) 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 conditions set out in Class 18(4)(a); and development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building.

Land drainage works

Interpretation of Part 6

Part 25A — TEMPORARY PROTECTION OF POULTRY AND OTHER CAPTIVE BIRDS

Housing of poultry and captive birds

72A

(1) The erection, etension or alteration of a building where that is necessary for the purpose of housing poultry or other captive birds to protect them from avian influenza.

(2) Development is not permitted by this class–

(a) if the development would affect a listed building or its setting;

(b) if the height of the building erected or the building as extended or altered would exceed 12 metres;

(c) where the development is within three kilometres of an aerodrome, the height of the building erected or the building as extended or altered would exceed three metres;

(d) if the area of ground which would be covered by the building erected or the building as extended or altered would exceed 465 square metres;

(e) where development is carried out on the same unit more than once by virtue of this class, the aggregate of the area of the ground covered by any such development would exceed 465 square metres; or

(f) where the development consists of the extension of a building, the area of ground which would be covered by the building as extended would exceed the area of ground covered by the existing building by more than 50 per cent.

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

(a) the development shall not be used for any purpose other than to house poultry or other captive birds to protect them from avian influenza;

(b) the developer shall within a period of 14 days after commencing development serve the relevant notice on the planning authority; and

(i) any development permitted by this class shall be removed; and

(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

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

6B

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

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,

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