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The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2008

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Scottish Statutory Instruments

2008 No. 203

TOWN AND COUNTRY PLANNING

The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2008

Made

28th May 2008

Laid before the Scottish Parliament

29th May 2008

Coming into force

20th June 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 30, 31 and 275(8) of the Town and Country Planning (Scotland) Act 1997(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2008 and comes into force on 20th June 2008.

Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

2.  In article 2(1) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (interpretation)(2), for the definition of “national scenic area” substitute–

“national scenic area” means an area defined as a national scenic area in Part II of “Scotland’s Scenic Heritage” published by the Countryside Commission for Scotland on 26th April 1978(3).

MICHAEL W RUSSELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th May 2008

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the 1992 Order”).

The 1992 Order permits certain classes of development without express planning permission being granted under the Town and Country Planning (Scotland) Act 1997. There are a number of exceptions to such permitted development rights where the development takes place within a national scenic area.

Article 2 of this Order amends the definition of “national scenic area” in the 1992 Order by substituting a reference to Part II of “Scotland’s Scenic Heritage” published by the Countryside Commission for Scotland on 26th April 1978.

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.

(1)

1997 c. 8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1992/223, to which there are amendments not relevant to this Order.

(3)

ISBN no. 0 902226 42 8. Available from the Scottish Natural Heritage website at http://www.snh.org.uk/publications/on-line/scotlandsscenicareas/. Copies are also available on request from Scottish Natural Heritage, Silvan House, 231 Corstorphine Road, Edinburgh, EH9 2AS.

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