The Town and Country Planning (General Development Procedure) (Scotland) Amendment Order 1997

• Citation: S.I. 1997/749
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Town and Country Planning (General Development Procedure) (Scotland) Amendment Order 1997 and shall come into force on 9th April 1997.

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

Section 2 Amendment of interpretation article

In article 2(1) of the 1992 Order (interpretation)–

(a) after the definition of “local advertisement” insert–

“motorway” means any road to which the Motorways Traffic (Scotland) Regulations 1995 apply by virtue of regulation 3 thereof ;

(b) after the definition of “outline planning permission” insert–

“playing field” means an area of land extending to not less than 0.4 hectares used for any sport which is played on a pitch and may also include any adjoining land used for tennis courts, bowling greens and athletics tracks;

Section 3 Amendment of interpretation article

(1) In article 15(1) of the 1992 Order (consultations before grant of planning permission) insert–

(a) after sub-paragraph (j)(ii)–

(iiA) development for the purpose of creating a motorway service area or new development within the boundary of such an area;

(iiB) development of land within 400 metres of the boundary of any motorway for the purpose of providing such services as refreshments, fuel or parking;

(iiC) development of an area of land exceeding 2 hectares situated within one kilometre of a motorway junction for the purpose of providing fuel and refreshments;

(b) after sub-paragraph (n) –

(o) the Scottish Sports Council where the development–

(i) is likely to prejudice the existing use of any land as a playing field;

(ii) is likely to result in the loss of land as a playing field; or

(iii) is likely to prevent the use of land, which was last used as a playing field, from being used again for that purpose.

(2) Paragraph (1) of this article shall not apply in relation to applications for planning permission made before the date on which this Order comes into force.

Section 4 Amendment of interpretation article

In article 23 of the 1992 Order (appeals)–

(a) in paragraph (1)(a)–

(i) delete the words “or of a regional planning authority”; and

(ii) after the words “the General Permitted Development Order” insert “refusing any consent, agreement or approval required by a condition imposed on a grant of planning permission”;

(b) in paragraph (1)(c) delete the words “or of a regional planning authority”;

(c) delete paragraph (2)(c); and

(d) in paragraph (3) delete the words “or to the regional planning authority as the case may be”.