The Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014

This Statutory Instrument has been made to correct errors in S.S.I. 2014/142 and is being issued free of charge to all known recipients of that Statutory Instrument.

Scottish Statutory Instruments

2014 No. 184

Town And Country Planning

The Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014

Made

23rd June 2014

Laid before the Scottish Parliament

25th June 2014

Coming into force

29th June 2014

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

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014 and comes into force on 29th June 2014.

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

Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014

2.—(1) The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014(3) is amended in accordance with paragraph (2).

(2) In that part of the Schedule which inserts—

(a) paragraph (5) of class 9A (extension or alteration of a shop or financial or professional services establishment) into Schedule 1 to the 1992 Order—

(i) before the definition of “raised platform” insert—

““enclosed shopping centre” means a building containing shops having frontages to an arcade or mall or other covered circulation area;”; and

(ii) after the definition of “raised platform” insert—

““retail park” means a group of 3 or more retail stores, at least one of which has a minimum internal floor area of 1,000 square metres and which—

(a)

are set apart from existing shopping centres but within an existing or proposed urban area;

(b)

sell primarily goods other than food; and

(c)

share one or more communal car parks;”;

(b) paragraph (5) of class 9B (erection or construction of a trolley store within the curtilage of a shop) into Schedule 1 to the 1992 Order omit—

(i) the definition of “enclosed shopping centre”; and

(ii) the definition of “retail park”;

(c) paragraph (4)(b) of class 9C (schools, colleges, universities and hospital buildings), into Schedule 1 to the 1992 Order, after the definition of “care” insert—

““raised platform” means a platform with a height greater than 300 millimetres;”; and

(d) paragraph (4)(b) of class 9D (extension or alteration of an office building) into Schedule 1 to the 1992 Order, before the definition of “World Heritage Site” insert—

““raised platform” means a platform with a height greater than 300 millimetres; and”.

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd June 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects errors in the schedule to the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (“the 2014 Order”). The 2014 Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 to include new classes of permitted development. Article 2 corrects errors in the 2014 Order by inserting definitions of “enclosed shopping centre” and “retail park” into new class 9A and omits these definitions from new class 9B. It also inserts a definition of “raised platform” in new classes 9C and 9D.

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

(3)

S.S.I. 2014/142. This instrument will come into force on 30th June 2014.