The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023

Amendment of Part 3 of schedule 1

8.  In Part 3 (changes of use)—

(a) in class 10 (development consisting of a change of use of a building or land) in paragraph (1)—

(i) for “class 1 (shops)” substitute “class 1A (shops and financial, professional and other services)”,

(ii) omit sub-paragraph (a),

(b) in class 11 (development consisting of a change of use of a building or land to a use within class 2 (financial, professional and other services) from a use within class 3 (food and drink) or a use for the sale of hot food for consumption off the premises), for “class 2 (financial, professional and other services)” substitute “class 1A (shops and financial, professional and other services)”.

(c) after class 11 insert—

“Class

11A.— (1) Development consisting of a change of use of a building to a use within class 3 (food and drink) from a use—

(a) within class 1A (shops and financial, professional and other services),

(b) as a betting shop,

(c) as a pay day loan shop, or

(d) for the sale of hot food for consumption off the premises.

Limitations

(2) Development is not permitted by this class if—

(a) it would result in the change of use of a building unit situated below any part of a dwelling, or

(b) it would result in the change of use of a building or a building unit which is within 1 metre of a dwelling.

Interpretation

(3) For the purposes of paragraph (2)(b) of this class when measuring the distance of 1 metre no account is to be taken of any communal access.

(4) In this class—

“building unit” means a part of a building which is designed or altered to be used separately,

“communal access” means a passage, stairs or landings within a building which constitute a common access to two or more building units.

Class

11B.— (1) Development consisting of a change of use of a qualifying building or qualifying building unit to a use within class 4 (business) from a use—

(a) within class 1A (shops and financial, professional and other services),

(b) within class 3 (food and drink),

(c) as a betting shop,

(d) as a pay day loan shop, or

(e) for the sale of hot food for consumption off the premises.

Interpretation

(2) In this class—

“building unit” means a part of a building which is designed or altered to be used separately,

“qualifying building” means a building with a floor area of no more than 300 square metres,

“qualifying building unit” means a building unit with a floor area of no more than 300 square metres.”,

(d) for class 13A (development consisting of a change of use of a building of land) substitute—

“Class

13A.— (1) Development consisting of a change of use of a building or land from use as a betting office or pay day loan shop to a use within class 1A (shops and financial, professional and other services.”.