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The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the principal Order”). Article 2 changes the classes of development which are permitted within the curtilage of a dwellinghouse and to certain buildings containing flats. Article 2 also amends the principal Order as it applies to demolition and telecommunications.

Article 2(4) substitutes Part 1 of the Schedule to the principal Order, which identifies the categories of development within the curtilage of a dwellinghouse which may be carried out without having to apply for planning permission. Article 2(4) also adds a new Part 1ZA to that Schedule, which identifies development which is permitted with respect to certain flats. The new classes of permitted development are subject to a number of limitations and conditions.

In Part 1 of the Schedule to the principal Order—

  • class 1A deals with single storey ground floor extensions, class 1B with other ground floor extensions, class 1C with porches and class 1D with roof extensions;

  • class 2A deals with access ramps and class 2B with other development on the roof or external walls of a dwellinghouse which does not increase its internal volume;

  • class 3A deals with ancillary buildings within the curtilage of a dwellinghouse and class 3B with other development required for a purpose incidental to the enjoyment of the dwellinghouse; class 3C with hard surfaces, class 3D with decks or other raised platforms and class 3E with gates, fences, walls and other means of enclosure.

In Part 1ZA of the Schedule to the principal Order class 4A deals with alterations to the external appearance of a dwelling within a building containing flats.

Article 2(2)(a), (3) and (12) amends the provisions of the principal Order which apply to permitted development for demolition of buildings.

Article 2(6) inserts a definition of “solar PV” into Part 1B of Schedule 1 to the principal Order.

Article 2(10) extends the development permitted under class 67 to include certain work to electronic communications apparatus carried out by an operator in accordance with the Electronic Communications Code.

Article 3 provides that the new classes of permitted development do not apply in respect of development started before 6th February 2012 and finished within 6 months of that date. It also saves directions made under article 4 of the 1992 Order, by providing that development rights permitted by article 3 of that Order will continue to have effect in the form they are in immediately before 6th February 2012.

A Business and Regulatory Impact Assessment has been prepared in relation to this Order and has been placed in the Scottish Parliament Information Centre. Copies can be obtained free of charge from the Scottish Government Planning Directorate, Area 2H, Victoria Quay, Edinburgh, EH6 6QQ.

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