The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 No. 437

Amendment of article 2

4.  In article 2(1) (interpretation)—

(a) after the definition of “contravention of previous planning control” insert—

““croft land” has the meaning given in section 12(3) of the Crofters (Scotland) Act 1993(1),”,

(b) after the definition of “microwave antenna” insert—

““military explosives storage area” means any area, including an aerodrome, depot, mooring or port, at which the storage of military explosives may be undertaken and for which the associated explosives safeguarding zone is identified on a safeguarding map, issued by the Secretary of State and provided to a planning authority for the purposes of the Town and Country Planning (Safeguarded Aerodromes, Technical Sites, Meteorological Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2016,”,

(c) after the definition of “private way” insert—

““Regulation 2020/1070 small cell system” means a small cell system—

(a)

to which Commission Implementing Regulation (EU) 2020/1070 on specifying the characteristics of small-area wireless access point pursuant to Article 57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (recast)(2) (“Commission Regulation 2020/1070”) applies,

(b)

which complies with the requirements of the European Standard laid down at point B of the Annex to Commission Regulation 2020/1070, and

(c)

is either—

(i)

fully and safely integrated into its supporting structure and therefore invisible to the general public, or

(ii)

meets the conditions set out in Point A of the Annex to Commission Regulation 2020/1070,”,

(d) after the definition of “road” insert—

““safety hazard area” means an area notified to a planning authority—

(a)

by the Health and Safety Executive for the purposes of paragraph 3 of schedule 5 of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013(3),

(b)

by the Office for Nuclear Regulation for the purposes of paragraph 3A of schedule 5 of those Regulations,”,

(e) in the definition of “site of archaeological interest” omit “by the Secretary of State”.

(1)

1993 c.44.

(2)

EUR 2020/1070.

(3)

S.S.I. 2013/155, which has been relevantly amended by S.I. 2014/469.