Cycle storage facilities S

9.  After Part 2F (reverse vending machines) of schedule 1 M1 insert—

“PART 2G SPEDAL CYCLE STORAGE

Class 9I.—

(1) The provision within the curtilage of a commercial building of a building for the purpose of temporary storage of pedal cycles.

Class 9J.—

(1) The provision of a building within the rear curtilage of a tenementfor the purpose of storage of pedal cycles.

Limitations

(2)  Development is not permitted by this class—

(a) within the curtilage of a listed building,

(b) if the resulting building would be within a conservation area and would be situated within the front curtilage of the commercial building,

(c) if the resulting building would obstruct clear sight of a road or footpath by the driver of a vehicle entering or leaving the curtilage of the commercial building,

(d) if the resulting building would create an obstruction to light to another building.

Interpretation

(3) In this class—

“commercial building” means a building used for any purpose within Class 4, 5 or 6 of the schedule of the Use Classes Order,

“front curtilage” means that part of the curtilage of the commercial building forward of a wall forming part of the principal elevation of the commercial building.

Class 9J.—

(1) The provision of a building within the rear curtilage of a tenement for the purpose of storage of pedal cycles.

Limitations

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

(a) the development would result in there being more than one building developed by virtue of this class situated within the rear curtilage of the tenement,

(b) the resulting building would be situated within the curtilage of a listed building or a World Heritage Site,

(c) the resulting building would create an obstruction to light to another building.

Interpretation

(3) In this class—

“rear curtilage of a tenement”, in relation to a tenement, means land which—

(a)

pertains to two or more flats contained within the tenement, and

(b)

is situated adjacent to the rear elevation of the tenement,

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

“tenement” means a building containing one [F1 or] more flats

Class 9K.—

(1) The provision within the boundaries of a public road of a building for the purpose of temporary storage of pedal cycles.

Limitations

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

(a) the resulting building would exceed—

(i) 150 centimetres in height,

(ii) 250 centimetres in depth,

(iii) 500 centimetres in width,

(b) the resulting building would create an obstruction to light to another building.

Interpretation

(3) In this class—

“public road” means a road maintainable by the Scottish Ministers or a local roads authority.

Interpretation of Part 2G

In this Part—

“pedal cycle” means a cycle whose motive power is provided solely by the legs of its rider or riders or which complies with the requirements specified in Regulation 4 of the Electrically Assisted Pedal Cycles Regulations 1983 M2 ,

“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 M3 .”.

Textual Amendments

F1 Word in art. 9 inserted (28.2.2021) by The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment Order 2021 (S.S.I. 2021/29), arts. 1, 4(2)

Commencement Information

I1 Art. 9 in force at 1.4.2021, see art. 1

Marginal Citations

M1 Part 2F was inserted by S.S.I. 2020/269.

M2 S.I. 1983/1168 as relevantly amended by S.I. 2015/24.

M3 UNESCO World Heritage Centre – World Heritage List.