The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

PART 1 DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Class

1.—(1) The enlargement, improvement or other alteration of a dwellinghouse.

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

(a) the floor area of the resulting building would exceed the floor area of the original dwellinghouse—

(i) in the case of a terrace house or of a dwellinghouse in a conservation area by more than 16 square metres or 10%, whichever is the greater;

(ii) in any other case, by more than 24 square metres or 20%, whichever is the greater;

(iii) in any case by more than 30 square metres;

(b) the height of the resulting building would exceed the height of the highest part of the roof of the original dwellinghouse;

(c) (i) in the case of a dwellinghouse within a conservation area any part of that development would extend beyond the building line of the original dwellinghouse on any side of the house where its curtilage is bounded by a road;

(ii) in any other case any part of that development would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;

(d) any part of the development which would be within 2 metres of the boundary of the curtilage of the dwellinghouse—

(i) would be increased in height as a result of the development; and

(ii) would exceed 4 metres in height;

(e) the total area of ground covered by buildings within the curtilage (other than the original dwellinghouse) would exceed 30% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(f) it would consist of or include the installation, alteration or replacement of a satellite antenna;

(g) it would consist of or include the erection of a building within the curtilage of a listed building;

(h) it would consist of or include any alteration to the roof of the original dwellinghouse; or

(i) in the case of a dwellinghouse in a conservation area the development would consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles or any other material.

(3) For the purposes of this class—

(a) the erection within the curtilage of a dwellinghouse of any building with a floor area greater than 4 square metres and within 5 metres of any part of the dwellinghouse shall be treated as the enlargement of the dwellinghouse for all purposes;

(b) where any part of the dwellinghouse would be within 5 metres of an existing building within the same curtilage, that building shall be treated as forming part of the resulting building for the purpose of calculating the floor area;

(c) “resulting building” means the dwellinghouse as enlarged, improved or altered, taking into account any previous enlargement, improvement or alteration to the original dwellinghouse, whether permitted by classes 1 to 6 or not;

• “terrace house” means a dwellinghouse—

  (i)

  situated in a row of three or more buildings used, or designed for use, as single dwellingh ouses; and

  (ii)

  having a mutual wall with, or having a main wall adjoining the main wall of, the dwelling house (or building designed for use as a dwellinghouse) on either side of it at the end of a row,

  but includes the dwellinghouses at each end of such a row of buildings as is referred to.

Class

2.—(1) Any alteration to the roof of a dwellinghouse including the enlargement of a dwellinghouse by way of an addition or alteration to its roof.

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

(a) any part of the dwellinghouse would as a result of the works, exceed the height of the highest part of the existing roof;

(b) any part of the dwellinghouse would, as a result of the works, extend 10 centimetres beyond the plane of any existing roof slope;

(c) the roof area of the enlargement exceeds 10% of the roof area of the dwelling house before development;

(d) any roofing material used would materially affect the external appearance of the dwellinghouse;

(e) the dwelling house is in a conservation area.

Class

3.—(1) The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration of such a building or enclosure.

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

(a) it consists of a dwelling or a satellite antenna;

(b) it consists of a building or enclosure where any part of such building or enclosure to be constructed would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;

(c) it consists of a building where the building to be constructed or provided would have a floor area greater than 4 square metres, any part of it would be within 5 metres of any part of the dwellinghouse;

(d) the height of that building or enclosure would exceed—

(i) 4 metres, in the case of a building with a ridged roof; or

(ii) 3 metres, in any other case;

(e) the total area of ground covered by buildings or enclosures within the curtilage (other than the original dwellinghouse) would exceed 30% of the total area of the curtilage (excluding the ground area of the original dwellinghouse); or

(f) in the case of any land in a conservation area or land within the curtilage of a listed building, it would consist of the provision, alteration or improvement of a building with a floor area greater than 4 square metres.

(3) For the purposes of this class “purpose incidental to the enjoyment of the dwellinghouse” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

Class

4.—(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse.

(2) Development is not permitted by this class within a conservation area or within the curtilage of a listed building.

Class

5.—(1) The erection or provision within the curtilage of a dwellinghouse of a container for the storage of oil.

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

(a) it would be within a conservation area or within the curtilage of a listed building;

(b) the capacity of the container would exceed 3500 litres;

(c) any part of the container would be more than 3 metres above ground level;

(d) any part of the container would be both less than 20 metres from any road which bounds its curtilage and would be nearer to the road than the part of the original dwellinghouse nearest to it;

(e) it would result in more than one container within the curtilage of a dwellinghouse.

Class

6.—(1) The installation, alteration or replacement of a satellite antenna on a dwellinghouse or within the curtilage of a dwellinghouse.

(2) Development is not permitted by this class if it would result in—

(a) more than one satellite antenna on the dwellinghouse or within its curtilage;

(b) the size of the satellite antenna (excluding any projecting feed element) when measured in any dimension exceeding 90 centimetres;

(c) the highest part of any antenna to be installed on a dwellinghouse being higher than the highest part of the roof on which it would be installed; or

(d) the satellite antenna being installed in a conservation area or national scenic area on any part of a dwellinghouse which faces on to a road.

(3) Development is permitted by this class subject to the condition that the antenna shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed.