The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024

Amendment of Part 1B of schedule 1

7.  In Part 1B (installation of non-domestic microgeneration equipment)—

(a) in the heading of Part 1B after “microgeneration” insert “and generation”,

(b) in class 6I (the installation, alteration or replacement of underground pipes within the curtilage of a non-domestic building)—

(i) for paragraph (1) substitute—

“(1) The installation, alteration or replacement of a ground source heat pump or a water source heat pump, and any associated equipment and underground pipes, within the curtilage of a non-domestic building.”,

(ii) omit paragraphs (4) and (6).

(c) for class 6J (the installation, alteration or replacement of solar PV or solar thermal equipment on a non-domestic building) substitute—

“Class 6J

(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a non-domestic building.

(2) Development is not permitted by this class—

(a) if any part of the solar PV or solar thermal equipment installed would protrude more than 1 metre from the surface of the building,

(b) if the building is situated in a conservation area and the solar PV or solar thermal equipment would be located on—

(i) the principal elevation, or

(ii) a side elevation where that elevation fronts a road,

(c) on a listed building or within the curtilage of a listed building,

(d) within 3 kilometres of an aerodrome or technical site,

(e) within—

(i) a national scenic area,

(ii) a historic garden or designed landscape,

(iii) a National Park,

(iv) World Heritage Site.

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.”,

(d) after class 6M (the extension or alteration of an industrial building or a warehouse) insert—

“Class 6N

(1) The installation, alteration or replacement of free standing solar PV or free standing solar thermal equipment within the curtilage of a non-domestic building.

(2) Development is not permitted by this class—

(a) if the cumulative surface area of the solar PV or solar thermal equipment within the curtilage of the building would exceed 12 square metres,

(b) within a conservation area if any part of that development would be in the front curtilage of the building,

(c) within—

(i) a national scenic area,

(ii) 3 kilometres of an aerodrome or technical site,

(iii) the curtilage of a listed building,

(iv) a historic garden or designed landscape,

(v) a National Park,

(vi) a World Heritage Site,

(d) it would be development described in class 6J(1).

(3) Development is permitted by this class subject to the condition that that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

(4) In this class “front curtilage” means that part of the curtilage of the building forward of the principal elevation of the building.”,

(e) in the interpretation section of Part 1B—

(i) after the definition of “dwelling” insert—

““free standing solar PV” means solar PV which is not installed on a building,

“free standing solar thermal equipment” means solar thermal equipment which is not installed on a building,”,

(ii) after the definition of “non-domestic building” insert—

““principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,

“rear elevation” means the elevation of the building that is opposite its principal elevation,

“side elevation” means the elevation of the building linking the principal elevation with the rear elevation,”.