Part III Control over Development
Meaning of development
26 Meaning of “development”.
C1C21
Subject to the following provisions of this section F20and to section 26AB, in this Act, except where the context otherwise requires, “development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other landF9, or the operation of a marine fish farm in the circumstances specified in section 26AA.
2
The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—
a
the carrying out of works for the maintenance, improvement or other alteration of any building being works which—
i
affect only the interior of the building, or
ii
do not materially affect the external appearance of the building,
and are not works for making good war damage within the meaning of the M1War Damage Act 1943 or works begun after 7th December, 1969 for the alteration of a building by providing additional space in it underground;
b
the carrying out by a F4roads authority (as defined by section 151(1) of the Roads (Scotland) Act 1984) on land within the boundaries of a road of any works required for the maintenance or improvement of the road F1but , in the case of any such works which are not exclusively for the maintenance of the road, not including any works which may have significant adverse effects on the environment;
c
the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any road or other land for that purpose;
d
the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;
e
F3subject to subsection (2A), the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;
f
in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, the use of the buildings or other land or, subject to the provisions of the order, of any part of the buildings or the other land, for any other purpose of the same class;
g
the demolition of any description of building specified in a direction given by the Secretary of State to planning authorities generally or to a particular planning authority.
F172AA
The Scottish Ministers may in a development order specify any circumstances, or description of circumstances, in which subsection (2) does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by such amount or percentage as is so specified.
2AB
The development order may make different provision for different purposes.
F22A
3
For the avoidance of doubt it is hereby declared that for the purposes of this section—
a
the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part of it which is so used;
b
the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—
i
the superficial area of the deposit is extended, or
ii
the height of the deposit is extended and exceeds the level of the land adjoining the site.
4
For the purposes of this Act building operations include—
a
demolition of buildings,
b
rebuilding,
c
structural alterations of or additions to buildings, and
d
other operations normally undertaken by a person carrying on business as a builder.
5
For the purposes of this Act mining operations include—
a
the removal of material of any description—
i
from a mineral-working deposit,
ii
from a deposit of pulverised fuel ash or other furnace ash or clinker, or
iii
from a deposit of iron, steel or other metallic slags, and
b
the extraction of minerals from a disused railway embankment.
6
a
are inland waters,
b
not being inland waters, are landward of the baselines from which the breadth of the territorial sea adjacent to Scotland is measured, or
c
are seaward of those baselines up to a distance of 12 nautical miles,
for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the F5equipment resulted from carrying out engineering operations over that land; and in this F11section—
F15...
F6“ equipment” includes any tank, cage or other structure, or long-line, for use in fish farming;
“fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of F16sea urchin, crustacean or mollusc);
“inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and
F7...
F15...
F12 “nautical miles ” means international nautical miles of 1,852 metres
F136AA
Where the making of any material change in the use of equipment so placed or assembled for that purpose would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the making of any such material change was development of that land.
F86A
The Scottish Ministers may by order made by statutory instrument make such modifications as they consider necessary or expedient to the definitions of “equipment” and “fish farming” in subsection (6); and an order under this subsection may make different provision for different purposes and different areas.
6B
In subsection (6A), “ modifications ” includes amendments and repeals.
F146C
The Scottish Ministers may by order make such provision as they consider necessary or expedient for the purpose of, or in connection with, the application of this Act to—
a
any such placing or assembly as is mentioned in subsection (6) in waters described in paragraph (b) or (c) of that subsection; or
b
any material change in the use of equipment placed or assembled in those waters.
6D
Any order under subsection (6C) may in particular provide that a planning authority specified in the order is to be the planning authority for the purposes of such an application of this Act despite the placing or assembly being something done, or the material change of use being made, outwith the district of the authority.
6E
But in the application of subsections (6C) and (6D) to a case where, by virtue of paragraph (a) of section 10(1) of the National Parks (Scotland) Act 2000 (asp 10) the planning authority is a National Park authority, the reference in subsection (6D) to the district of the authority is to be construed as a reference to the National Park.
6F
And the Scottish Ministers may direct that subsections (6C) and (6D) are to apply to a case where—
a
by virtue of paragraph (b) of that section 10(1), a National Park authority is to be treated as the planning authority, or
b
by virtue of paragraph (c) of that section 10(1), a National Park authority is to have certain functions in relation to planning.
6G
For the purposes of any such application as is provided for in—
a
paragraph (a) of subsection (6F), the reference in subsection (6D) to the district of the authority is to be construed as mentioned in subsection (6E) and for the words “planning authority specified in the order is to be” in subsection (6D) there is to be substituted
“
National Park authority specified in the order is to be treated as
”
,
b
paragraph (b) of subsection (6F), the reference in subsection (6D) to the district of the authority is to be construed as mentioned in subsection (6E) and for the words “planning authority specified in the order is to be the planning authority” in subsection (6D) there is to be substituted
“
National Park authority specified in the order is to have functions in relation to planning
”
.
6H
Before making an order under subsection (6C), the Scottish Ministers—
a
must consult—
i
every planning authority, and
ii
the Scottish Environment Protection Agency, and
b
may consult such other persons as they think fit.
6I
An order under subsection (6C) may (without prejudice to the generality of that subsection)—
a
modify any enactment, instrument or document,
b
make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,
c
provide for the delegation of functions,
d
make different provision for different purposes and different areas.
6J
For the purposes of the exercise by a National Park authority of any planning functions which it has by virtue of subsections (6C) and (6D) in respect of waters described in paragraph (b) or (c) of subsection (6), any reference in section 9 of the National Parks (Scotland) Act 2000 (asp 10) (general purposes and functions of National Park authority) to the National Park itself is to be construed as including a reference to those waters.
7
Without prejudice to any regulations under this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.