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The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006

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PART 30EMERGENCY DEVELOPMENT BY THE CROWN

Class 91—(1) Development by or on behalf of the Crown on Crown land for the purposes of–

(a)preventing an emergency;

(b)reducing, controlling or mitigating the effects of an emergency; or

(c)taking other action in connection with an emergency.

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

(a)the developer shall, as soon as practicable after commencing development, notify the planning authority of that development; and

(b)on or before the expiry of the period of six months beginning with the date on which the development began–

(i)any use of that land for a purpose of this class shall cease and any buildings, plant, machinery, structures and erections permitted by this class shall be removed; and

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

(3) For the purposes of this class, “emergency” means an event or situation which threatens serious damage to–

(a)human welfare in a place in the United Kingdom;

(b)the environment of a place in the United Kingdom; or

(c)the security of the United Kingdom.

(4) For the purposes of paragraph (3)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause–

(a)loss of human life;

(b)human illness or injury;

(c)homelessness;

(d)damage to property;

(e)disruption of a supply of money, food, water, energy or fuel;

(f)disruption of a system of communication;

(g)disruption of facilities for transport; or

(h)disruption of services relating to health.

(5) For the purposes of paragraph (3)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause–

(a)contamination of land, water or air with biological, chemical or radio-active matter; or

(b)disruption or destruction of plant life or animal life.

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