The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2007

Explanatory Note

(This note is not part of the Order)

This Order amends Parts 1 and 21 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the 1992 Order”). These parts confer permitted development rights in respect of the erection of satellite antenna (as defined in article 2(1) of the 1992 Order). The amendments apply in relation to Scotland.

Article 2 amends class 6 (the installation, alteration or replacement of a satellite antenna on a dwellinghouse or within the curtilage of a dwellinghouse) of Part 1 (development within the curtilage of a dwellinghouse) of Schedule 1 (classes of permitted development) to the 1992 Order. It extends the permitted development rights to microwave antenna. The number of permitted antennas is increased to 2. A size limit is applied of 100cm for one of the antennas, and 60cm for the other. It modifies existing exclusions from such rights by permitting roof mounted antenna to protrude above a roof with a chimney. In such cases it restricts the height of the antenna or antennas to the highest part of the chimney, or 60cm measured from the highest part of the ridge tiles of the roof, whichever is lower. It introduces a maximum cubic capacity of 35 litres for individual antennas. It also introduces the requirement for antenna which are no longer needed for reception or transmission purposes to be removed as soon as is reasonably practicable. The criteria for measuring an antenna is detailed as is the relevant size criteria. Restriction is introduced to apply in relation to those areas where more protection of the built and natural environment is required, with such areas being termed “designated areas”. A definition for “designated areas” is provided for the purposes of class 6.

Article 2 also amends class 68 (the installation, alteration or replacement on any building or other structure of an antenna and any structure intended for the support of an antenna) of Part 21 (other telecommunications development) of Schedule 1 (classes of permitted development) to the 1992 Order. It extends the permitted development rights to microwave antennas. The number of permitted antennas is increased to 4 and no more than 2 antennas can face onto and be visible from a road. A size limit is applied of 130cm for two antennas and 60cm for the other antennas. The size limit of 60cm also applies to an antenna installed on a chimney. It introduces a maximum cubic capacity of 35 litres for individual antennas. Restriction is modified to allow for the installation of antenna on buildings or structures in “designated areas”. A definition for “designated areas” is provided for the purposes of class 68. The criteria for measuring an antenna is detailed. Restrictions are introduced which are dependent upon whether the building or other structure is over or under 15 metres in height.

Minor incidental and consequential changes are also made to the Parts mentioned and to Article 2 of the 1992 Order.