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The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

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Design and access statements

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13.—(1) Subject to paragraph (3), an application for planning permission for development belonging to the categories of national developments or major developments must be accompanied by a design and access statement.

(2) Subject to paragraph (3), an application for planning permission for development belonging to the category of local developments where the land to which the application relates is situated within–

(a)a World Heritage Site;

(b)a conservation area;

(c)a historic garden or designed landscape;

(d)a National Scenic Area;

(e)the site of a scheduled monument; or

(f)the curtilage of a category A listed building,

must be accompanied by a design statement other than where the development in question comprises the alteration or extension of an existing building.

(3) This regulation does not apply to–

(a)an application for planning permission for development of land without complying with conditions subject to which a previous planning permission was granted; or

(b)an application for planning permission for–

(i)engineering or mining operations;

(ii)development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such; or

(iii)a material change in the use of land or buildings.

(4) A design statement is a written statement about the design principles and concepts that have been applied to the development and which–

(a)explains the policy or approach adopted as to design and how any policies relating to design in the development plan have been taken into account;

(b)describes the steps taken to appraise the context of the development and demonstrates how the design of the development takes that context into account in relation to its proposed use; and

(c)states what, if any, consultation has been undertaken on issues relating to the design principles and concepts that have been applied to the development and what account has been taken of the outcome of any such consultation.

(5) A design and access statement is a document containing both a design statement and written statement about how issues relating to access to the development for disabled people have been dealt with and which–

(a)explains the policy or approach adopted as to such access and, in particular, how–

(i)policies relating to such access in the development plan have been taken into account; and

(ii)any specific issues which might affect access to the development for disabled people have been addressed;

(b)describes how features which ensure access to the development for disabled people will be maintained; and

(c)states what, if any, consultation has been undertaken on issues relating to access to the development for disabled people and what account has been taken of the outcome of any such consultation.

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