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

• Citation: S.I. 1992/223
• Sections: 156

Section 1 Application, citation and commencement

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

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

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

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

Section 2 Interpretation

(1) In this Order—

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

“the 1981 Act ” means the Town and Country Planning (Minerals) Act 1981 ;

“the 1960 Act ” means the Caravan Sites and Control of Development Act 1960 ;

“aerodrome” means an aerodrome as defined in article 96 of the Air Navigation Order 1985 which is—

licensed under that order;

a Government aerodrome;

one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft;

one used by aircraft engaged in the public transport of passengers or cargo or aerial work; or

one identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index,

and for the purposes of this definition, the terms “aerial work”, “Government aerod rome” and “public transport” have the meanings given in the aforesaid article 96;

...

“aqueduct” does not include an underground conduit;

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

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

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

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

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

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

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

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

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

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

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

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

“European site”, means–

a special area of conservation;

a site of Community importance which has been placed on the list referred to in the third sub paragraph of Article 4(2) of Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora;

a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the said Council Directive 92/43/ EEC , during the consultation period or pending a decision of the Council under Article 5(3); or

an area classified pursuant to Article 4(1) or (2) of Council Directive 79/409/ EEC on the conservation of wild birds or Article 4(1) or (2) of Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds ;

...

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

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

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

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

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

...

...

“industrial process” means a process for or incidental to any of the following purposes—

the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;

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

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

...

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

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

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

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

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

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

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

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

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

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

“notifiable pipe-line” means a pipe-line, as defined in section 65 of the Pipe-lines Act 1962, which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations, except–

a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act 1962; or

a pipe-line which contains or is intended to contain no hazardous substance other than–

a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; or

a liquid or mixture of liquids, as specified in item 4 of Part II of that Schedule;

“ Notification Regulations ” means the Notification of Installations Handling Hazardous Substances Regulations 1982 ;

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

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

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

“ Regulation 2020/1070 small cell system ” means a small cell system—

to which Commission Implementing Regulation (EU) 2020/1070 on specifying the characteristics of small-area wireless access point pursuant to Article 57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (recast) (“Commission Regulation 2020/1070”) applies,

which complies with the requirements of the European Standard laid down at point B of the Annex to Commission Regulation 2020/1070, and

is either—

fully and safely integrated into its supporting structure and therefore invisible to the general public, or

meets the conditions set out in Point A of the Annex to Commission Regulation 2020/1070,

...

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

“ safety hazard area ” means an area notified to a planning authority—

by the Health and Safety Executive for the purposes of paragraph 3 of schedule 5 of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013,

by the Office for Nuclear Regulation for the purposes of paragraph 3A of schedule 5 of those Regulations,

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

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

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

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

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

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

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

...

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

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

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

(2)

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

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

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

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

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

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

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

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

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

(a) capable of being accessed by the recipient;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference.

(8) The cases are–

(a) making a direction under article 4; and

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

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

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

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

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

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

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

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

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

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

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

Section 3 Permitted development

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) paragraph (2)(b) of Class 21C;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) the development—

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

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

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

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

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

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

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

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

(9) Where–

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

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

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

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

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

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

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

Section 4 Directions restricting permitted development

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 5 Notice and service of article 4 directions

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

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

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

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

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

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

Section 6 Cancellation of article 4 directions

(1)

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

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

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

Section 7 Directions restricting development in respect of minerals under class 54 or 66

(1) If, on receipt of a notification from any person that he proposes to carry out development within class 54 or 66 in Schedule 1 to this Order, a planning authority are satisfied as mentioned in paragraph (2) below they may, within 21 days beginning with receipt of the notification, direct that the permission granted by article 3 of this Order shall not apply to the development, or to such part of the development as is specified in the direction.

(2) The planning authority may make a direction under this article if they are satisfied that it is expedient that the development, or any part of the development, should not be carried out unless permission for the development is granted on an application because—

(a) the land on which the development is to be carried out is within—

(i) a national scenic area;

(ii) a site of archaeological interest;

(iii) a site of special scientific interest;

(b) the development, either taken by itself or taken in conjunction with other develop ment which is already being carried out in the area or in respect of which notification has been given in pursuance of the provisions of Class 54 or 66 of Schedule 1 to this order, would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a category A listed building;

(c) the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or

(d) the development would endanger aircraft using a nearby aerodrome.

(3) A direction made under this article shall contain a statement as to the day on which, if it is not disallowed under paragraph (5) below, it will come into force, which shall be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4) below.

(4) As soon as is reasonably practicable a copy of a direction under this article shall be sent by the planning authority to the Secretary of State and to the person who gave notice of the proposal to carry out development.

(5) The Secretary of State may, at any time within a period of 28 days beginning on the day on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Secretary of State that he has disallowed the direction, the planning authority shall give notice in writing to the person who gave notice of the proposal that he is authorised to proceed with the development.

(6) Any direction made by a planning authority in accordance with this article may be cancelled by a subsequent direction made by the planning authority and the foregoing article shall apply to the making of such cancelling direction in the same way as it would apply to the making of the direction being revoked.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7A Notification of an application for a determination under class 70

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

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

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

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

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

(c) include any reference number given to the application by the planning authority;

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

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

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

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

(h) include information as to how and by which date (being a date not earlier than 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.

Section 7ZA N otification of an application for a determination under class 67

(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;

(c) include any reference number given to the application by the planning authority;

(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).

Section 7ZB N otification of an application for a determination under class 67

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).

Section 7ZC N otification of an application for a determination under class 67

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

(b) make the application available for inspection at an office of the planning authority.

Section 7ZD N otification of an application for a determination under class 67

Before determining an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 a planning authority must—

(a) by notice in writing consult—

(i) Scottish Natural Heritage—

(aa) where the development to which the application relates may affect a site of special scientific interest;

(bb) where the development would be located in a national scenic area and would exceed 12 metres in height;

(ii) Historic Environment Scotland in the circumstances specified in paragraph 17 of schedule 5 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013;

(iii) where the development would be located within 3 kilometres of the perimeter of an aerodrome, the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate;

(b) notify any authority, person or body required to be consulted under paragraph (a) of the period within which representations may be made (which must be a period of not less than 14 days beginning with the day after the day on which the notice is sent); and

(c) allow the period notified under paragraph (b) to elapse.

Section 7ZE N otification of an application for a determination under class 67

When determining an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 a planning authority must take into account any representations they receive before the expiry of the period notified under article 7ZD(b).

Section 8 Revocations and savings

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

(2)

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

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

Interpretation of Part 1

For the purposes of Part 1—

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

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

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

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

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

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

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

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

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

“terrace house” means a dwellinghouse—

situated in a row of three or more buildings used, or designed for use, as single dwellinghouses; and

having a mutual wall with, or having a main wall adjoining the main wall of, the dwellinghouse (or building designed for use as a dwellinghouse) on either side of it,

but includes the dwellinghouses at each end of such a row of buildings as is referred to.

Any reference in Part 1 to—

(a) 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 surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b) the measurement of a dimension is a reference to the measurement of external dimensions; and

(c) “the principal elevation” is a reference to the elevation of the original dwellinghouse which by virtue of its design or setting, or both, is the principal elevation.

Class 6HA

(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a dwelling.

(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 dwelling,

(b) the dwelling 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,

(c) the dwelling is —

(i) a listed building or is within the curtilage of a listed building,

(ii) within a 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.

Class 6HB

(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a building situated within the curtilage of a dwelling.

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

(a) it would protrude more than 500 millimetres from the outer surface of an external wall, roof plane, roof ridge or chimney of the building,

(b) the building is situated in the front curtilage of the dwelling,

(c) the building is—

(i) a listed building or within the curtilage of a listed building,

(ii) within a World Heritage Site,

(d) it would be development described in class 6HA(1).

(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.

(4) In this class “ front curtilage ” means that part of the curtilage of the dwelling forward of the principal elevation of the dwelling.

Class 6HC

(1) The installation, alteration or replacement of a wind turbine on a detached dwellinghouse.

(2) Development is not permitted by this class—

(a) if it would result in the presence on the same dwellinghouse of more than one wind turbine,

(b) if any part of the wind turbine would protrude more than 3 metres above the highest part of the roof (excluding any chimney) of the dwellinghouse,

(c) if any part of the wind turbine would be less than 5 metres from ground level,

(d) if the swept area of the turbine would be more than 4 square metres,

(e) if any part of the wind turbine would be less than 5 metres from the boundary of the curtilage of the dwellinghouse,

(f) in the case of a dwellinghouse—

(i) in a conservation area,

(ii) in a World Heritage Site,

(iii) in a site of special scientific interest,

(iv) which is a listed building or is in the curtilage of a listed building.

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

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

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

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

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,

...

...

Class 6N

(1) The installation, alteration or replacement of free standing solar PV or free standing solar thermal equipment within the curtilage of a non-domestic building.

(2) Development is not permitted by this class—

(a) if the cumulative surface area of the solar PV or solar thermal equipment within the curtilage of the building would exceed 12 square metres,

(b) within a conservation area if any part of that development would be in the front curtilage of the building,

(c) within—

(i) a national scenic area,

(ii) 3 kilometres of an aerodrome or technical site,

(iii) the curtilage of a listed building,

(iv) a historic garden or designed landscape,

(v) a National Park,

(vi) a World Heritage Site,

(d) it would be development described in class 6J(1).

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

(4) In this class “ front curtilage ” means that part of the curtilage of the building forward of the principal elevation of the building.

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; or

any 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.

Class 7A

(1) Any alteration or replacement of an existing window.

(2) Development is not permitted by this class within a World Heritage Site.

(3) Paragraph (4) applies to development to alter or replace a window in a conservation area where—

(a) the window is part of—

(i) the principal elevation, or

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

(b) the window as altered or replaced would not be the same, or substantially the same, as the window to be altered or replaced in the following respects—

(i) the manner in which the window is opened and closed,

(ii) the number, orientation and colour of the panes comprised in the window,

(iii) the dimensions and colour of the frame of the window or any astragal bars comprised in the window.

(4) Development to which this paragraph applies 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 design and external appearance of the proposed alteration to or replacement window,

(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,

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

(i) the receipt by the applicant from the planning authority of a written notice of their determination that 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 paragraph (3)(b).

(5) In this class—

“ 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.

Class 11A

(1) Development consisting of a change of use of a building to a use within class 3 (food and drink) from a use—

(a) within class 1A (shops and financial, professional and other services),

(b) as a betting shop,

(c) as a pay day loan shop, or

(d) for the sale of hot food for consumption off the premises.

Limitations

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

(a) it would result in the change of use of a building unit situated below any part of a dwelling, or

(b) it would result in the change of use of a building or a building unit which is within 1 metre of a dwelling.

Interpretation

(3) For the purposes of paragraph (2)(b) of this class when measuring the distance of 1 metre no account is to be taken of any communal access.

(4) In this class—

“ building unit ” means a part of a building which is designed or altered to be used separately,

“ communal access ” means a passage, stairs or landings within a building which constitute a common access to two or more building units.

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 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; or

by 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.

Class 70

(1) A building operation consisting of the demolition of a building.

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

(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), or

deemed to be granted under that Part of that Act,

where the demolition is necessary in order to implement that planning permission, or

required or permitted to be carried out by or under any enactment, or

required 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; or

a building having a mutual wall with, or having a main wall adjoining the main wall of a dwellinghouse or a building containing one or more flatted dwellings,

but for the purposes of this definition—

a building is not to be regarded as a dwellinghouse or as containing one or more flatted dwellings if use as a dwelling is ancillary to any non-residential use of that building or other buildings on the same site; and

each house in a pair of semi-detached houses and every house in a row of terrace houses (whether or not, in either case, the house is in residential use) is to be regarded as a building.

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;

(c) the development shall not be begun 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 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; or

reasonably 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.

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;

(c) any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level;

(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.

Section 1A Enlargement of a dwellinghouse

(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;

(c) the height of the eaves of the development would exceed 3 metres;

(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.

Section 1B Enlargement of a dwellinghouse

(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.

Section 1C Enlargement of a dwellinghouse

(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;

(c) any part of the development would exceed 3 metres in height; or

(d) it would be within a conservation area.

Section 1D Enlargement of a dwellinghouse

(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.

Section 2A Improvements or alterations to a dwellinghouse which are not enlargements

(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;

(c) any part of the ramp would exceed 0.4 metres in height;

(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 1.5 metres; or

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

Section 2B Improvements or alterations to a dwellinghouse which are not enlargements

(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;

(c) it would be a balcony;

(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.

Section 3A Other development within the curtilage of a dwellinghouse

(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;

(c) the height of the eaves would exceed 3 metres;

(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 .

Section 3B Other development within the curtilage of a dwellinghouse

(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.

Section 3C Other development within the curtilage of a dwellinghouse

(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.

Section 3D Other development within the curtilage of a dwellinghouse

(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.

Section 3E Other development within the curtilage of a dwellinghouse

(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.

Section 3AA Other development within the curtilage of a dwellinghouse

1 The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse.

Limitations

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

(a) the resulting building would exceed—

(i) 150 centimetres in height,

(ii) 120 centimetres in depth,

(iii) 250 centimetres in width,

(b) there is an existing building developed by virtue of this class situated within the curtilage of the dwellinghouse,

(c) the resulting building would obstruct clear sight of a road or footpath by the driver of a vehicle entering or leaving the curtilage of the dwellinghouse,

(d) the resulting building would be situated within the curtilage of a listed building or a World Heritage Site,

(e) the resulting building would create an obstruction to light to another building.

Interpretation

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

Section 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;

(c) the dimensions of an existing window or door opening would be altered;

(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; and

the measurement of a dimension is a reference to the measurement of external dimensions.

Section 4B

1 The provision of a building within the curtilage of a flat.

Limitations

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

(a) the resulting building would exceed—

(i) 150 centimetres in height,

(ii) 120 centimetres in depth,

(iii) 250 centimetres in width,

(b) the development would result in there being more than one building developed by virtue of this class situated within the curtilage of the flat,

(c) the resulting building would obstruct clear sight of a road or footpath by the driver of a vehicle entering or leaving the curtilage of the flat,

(d) the resulting building would be situated within the curtilage of a listed building or a World Heritage Site,

(e) the resulting building would create an obstruction to light to another building.

Interpretation

(3) In this class—

“ curtilage of a flat ”, in relation to a flat, means land which pertains to that flat and only to that flat, ...

...

Section 6A

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Section 6B

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Section 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

(c) the flue would be within an Air Quality Management Area.

Section 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.

Section 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.

Section 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.