2015 No. 235
The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2015
Made
Laid before the Scottish Parliament
Coming into force
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 19971 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2015 and comes into force on 1st October 2015.
2
For the purposes of this Order development is to be taken to be begun on the earliest date on which any material operation (within the meaning of section 27(4) of the Town and Country Planning (Scotland) Act 1997) comprised in the development begins to be carried out.
Application2
The amendments made by article 3 apply only to development begun on or after 1st October 2015.
Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 19923
1
The Town and Country Planning (General Permitted Development) (Scotland) Order 19922 is amended in accordance with paragraphs (2) to (4).
2
In article 2 (interpretation) for the definition of “category A listed building” substitute—
“category A listed building” means a listed building specified as being category A in a list of buildings compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 19973 (listing of buildings of special architectural or historic interest);
3
Omit article 7(7).
4
In Schedule 1 (classes of permitted development) after Part 25A (temporary protection of poultry and other captive birds) insert—
PART 25BANCIENT MONUMENTS
Class 72B
1
The carrying out by or on behalf of the Scottish Ministers of development—
a
consisting of the maintenance, repair or reinstatement of any ancient monument; or
b
in exercise of their functions under the Ancient Monuments and Archaeological Areas Act 19794.
2
Development is not permitted by Class 72B(1)(b) if the works involve the provision of facilities or services under section 20 of the Ancient Monuments and Archaeological Areas Act 19795 (provision of facilities for the public in connection with ancient monument).
3
For the purposes of this class—
a
development is not to be treated as being carried out by or on behalf of the Scottish Ministers where it is carried out by—
i
Historic Environment Scotland; or
ii
any person prescribed under section 3 of the Historic Environment Scotland Act 20146,
in the exercise of any function delegated to Historic Environment Scotland or such person, as the case may be, by the Scottish Ministers under that section; and
b
“ancient monument” has the same meaning as in section 61 of the Ancient Monuments and Archaeological Areas Act 1979.
Amendment of the Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 20064
1
Subject to paragraph (3), the Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 20067 is amended in accordance with paragraph (2).
2
In the Schedule, omit Part 32 (ancient monuments).
3
The provisions of Part 32 of the Schedule to the Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006 continue to have effect as they did immediately before 1st October 2015 in respect of development begun before that date.
(This note is not part of the Order)