The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997

• Citation: S.I. 1997/3060
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 and shall come into force on 2nd February 1998.

(2) In this Order, “the 1992 Order ” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 .

Section 2 Amendment of the 1992 Order

In article 2(1) of the 1992 Order (interpretation), for the definition of “ Use Classes Order ” substitute–

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

Section 3 Amendment of the 1992 Order

In Class 10 in Part 3 (changes of use) of Schedule 1 to the 1992 Order–

(a) after “Class 10” insert “–(1)”;

(b) after head (a) insert–

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

(c) at the end insert–

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

Section 4 Amendment of the 1992 Order

In Class 11 in Part 3 of Schedule 1 to the 1992 Order, at the end insert–

or a use for the sale of hot food for consumption off the premises

Section 5 Amendment of the 1992 Order

In Classes 12 and 13 in Part 3 of Schedule 1 to the 1992 Order, for “class 11” in each place where it occurs substitute “class 6”.

Section 6 Amendment of the 1992 Order

In the last paragraph (interpretation of Part 3) in Part 3 of Schedule 1 to the 1992 Order, for “the Town and Country Planning (Use Classes) (Scotland) Order 1989”, substitute “the Use Classes Order”.

Section 7 Amendment of the 1992 Order

In Class 18 in Part 6 (agricultural buildings and operations) of Schedule 1 to the 1992 Order, omit sub-paragraph (5)(d)(ii).

Section 8 Amendment of the 1992 Order

In Class 43A in Part 13 (development by statutory undertakers) of Schedule 1 to the 1992 Order–

(a) in sub-paragraph (1)–

(i) after “being”, insert “–(a)”; and

(ii) after “apparatus”, insert–

; 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

(b) in sub-paragraph (2), after “land under” insert “or on”.