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

Article 2(4)

SCHEDULE S

Commencement Information

I1 Sch. in force at 30.6.2014, see art. 1(1)

“PART 2A S SHOPS OR CATERING, FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS

Class 9A

(1) The extension or alteration of a shop or financial or professional services establishment.

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 100 square metres;

whichever is the lesser;

(b) the height of the building as extended or altered would exceed 4 metres;

(c) any part of the development, other than an alteration, would be within 10 metres of any boundary of the curtilage of the premises;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles;

(e) the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(f) any part of the development would alter or extend beyond an existing shop or financial or professional services establishment front; or

(g) the building as extended or altered is to be used for purposes other than that of the shop or financial or professional services establishment concerned.

(3) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) For the purposes of this class—

(a) the erection of any additional building within the curtilage of another building, whether by virtue of this class or other use, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

(5) In this class—

[F1 “enclosed shopping centre” means a building containing shops having frontages to an arcade or mall or other covered circulation area;]

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

[F2 “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;]

“shop or financial or professional services establishment” means a building, or part of a building, used for any purpose within Class 1 or 2 to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended except for the purposes of an enclosed shopping centre or retail park; and

“World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.

Class 9B

(1) The erection or construction of a trolley store within the curtilage of a shop.

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

(a) the gross floor space of the building or enclosure erected would exceed 20 square metres;

(b) the height of the building or enclosure would exceed 3 metres; or

(c) any part of the development would be within 20 metres of the curtilage of a building used for residential purposes.

(3) Development is not permitted by this class in the case of land within a conservation area.

(4) Development is permitted by this class subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.

(5) In this class—

F3 ...

F4 ...

“shop” means a building used for any purpose within class 1 of the Schedule to the Use Classes Order; and

“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

Interpretation of Part 2A

Any reference in Part 2A to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

PART 2B S SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITAL BUILDINGS

Class 9C

(1) The extension or alteration of—

(a) a school, college, university or hospital building;

(b) a nursing home or building used for the provision of care (other than a use within class 9 of the Use Classes Order).

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 100 square metres;

whichever is the lesser;

(b) the height of the building as extended or altered would exceed 4 metres;

(c) any part of the development, other than an alteration would be within 10 metres of any boundary of the curtilage of the premises;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles;

(e) the development would result in any land used as a playing field when the development commenced being no longer capable of such use;

(f) the development would consist of or include the construction or provision of a veranda, balcony, or raised platform;

(g) the development would consist of or include the construction or provision of an incinerator;

(h) the development would constitute development of any of the classes specified in Schedule 2 (bad neighbour development); or

(i) the building as extended or altered is to be used for a purpose other than that of the undertaking concerned.

(3) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b) “care” means personal care including the provision of appropriate help with physical and social needs or support including medical care and treatment; and

[F5 “raised platform” means a platform with a height greater than 300 millimetres;]

“World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.

PART 2C S OFFICE BUILDINGS

Class 9D

(1) The extension or alteration of an office building.

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 50 square metres;

whichever is the lesser;

(b) the height of the building as altered or extended would exceed 4 metres;

(c) any part of the development would be within 10 metres of any boundary of the curtilage of the premises;

(d) the development would result in a reduction in the space available for the parking or turning of vehicles; or

(e) the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(3) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it; and

(b) [F6 “raised platform” means a platform with a height greater than 300 millimetres; and]

• “World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.

PART 2D S RECHARGING ELECTRICAL OUTLETS

Class 9E

(1) The installation, alteration or replacement, within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles.

(2) Development is not permitted by this class if the electrical outlet (including its casing) would—

(a) exceed 0.5 cubic metres; or

(b) face onto and be within 2 metres of a road.

(3) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) Development is permitted by this class subject to the conditions that—

(a) any name plate of the charging point provider or the energy supplier on the outlet (including its casing) must be no longer than 70 centimetres;

(b) there must be no more than 2 name plates attached to the outlet (including its casing);

(c) where 2 name plates are attached to the outlet (including its casing), each name plate must be facing in opposite directions;

(d) any name plate must not be illuminated.

(5) Development is permitted by this class subject to the conditions that when no longer needed as a charging point for electric vehicles—

(a) the development must be removed as soon as reasonably practicable; and

(b) the wall on which the development was mounted or into which the development was set must, as soon as reasonably practicable, and so far as reasonably practicable, be reinstated to its condition before that development was carried out.

Class 9F

(1) The installation, alteration or replacement, within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles.

(2) Development is not permitted by this class if the upstand and the outlet (including its casing) would—

(a) exceed 1.6 metres in height from the level of the surface used for the parking of vehicles;

(b) be within 2 metres of a road; or

(c) result in more than one upstand being provided for each parking space.

(3) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) Development is permitted by this class subject to the conditions that—

(a) any name plate of the charging point provider or the energy supplier on the upstand or outlet (including its casing) must be no longer than 70 centimetres;

(b) there must be no more than 2 name plates attached to the upstand or outlet (including its casing);

(c) where 2 name plates are attached to the upstand or outlet (including its casing), each name plate must be facing in opposite directions;

(d) any name plate must not be illuminated.

(5) Development is permitted by this class subject to the conditions that when the development is no longer needed as a charging point for electric vehicles—

(a) the development must be removed as soon as reasonably practicable; and

(b) the land on which the development was mounted or into which the development was set must, as soon as reasonably practicable, and so far as reasonably practicable, be reinstated to its condition before that development was carried out.

Interpretation of Part 2D

For the purposes of Part 2D—

“World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.

PART 2E S ACCESS RAMPS

Class 9G

(1) The erection, construction or alteration of any access ramp outside an external door of a non-domestic building.

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

(a) the combined length of all flights forming part of the access ramp would exceed 5 metres;

(b) the combined length of all flights and platforms forming part of the access ramp would exceed 9 metres;

(c) any part of the ramp would exceed 0.4 metres in height;

(d) the combined height of the ramp and any wall (excluding any external wall of the non-domestic building), fence, balustrade, handrail or other structure attached to it would exceed 1.5 metres; or

(e) the development would result in a reduction in the space available for the parking or turning of vehicles.

(3) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) a national scenic area;

(c) a historic garden or designed landscape;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(4) Development is permitted by this class subject to the condition that the materials used for the facing of the access ramp must be of similar appearance to those used in the construction of the facing of the existing non-domestic building.

(5) For the purposes of this class—

(a) any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b) “non domestic building” means a building other than a dwelling or a building containing a dwelling;

“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building.

“World Heritage Site” means land appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.”

Textual Amendments

F1 Words in sch. inserted (29.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014 (S.S.I. 2014/184), arts. 1(1), 2(2)(a)(i)

F2 Words in sch. inserted (29.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014 (S.S.I. 2014/184), arts. 1(1), 2(2)(a)(ii)

F3 Words in sch. omitted (29.6.2014) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014 (S.S.I. 2014/184), arts. 1(1), 2(2)(b)(i)

F4 Words in sch. omitted (29.6.2014) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014 (S.S.I. 2014/184), arts. 1(1), 2(2)(b)(ii)

F5 Words in sch. inserted (29.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014 (S.S.I. 2014/184), arts. 1(1), 2(2)(c)

F6 Words in sch. inserted (29.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (Amendment) Order 2014 (S.S.I. 2014/184), arts. 1(1), 2(2)(d)