Part III

Control over Development

Determination of applications

Conditional grant of planning permission: provision of toilet facilities within certain large developments
41B
1
Without prejudice to the generality of section 41(1), a planning authority may grant planning permission for a development that falls within subsection (2) only on condition that the development includes at least one toilet facility described in subsection (3).
2
A development that is the subject of an application for planning permission falls within this subsection if it is for the construction of a building, structure or other erection for use for any of the following purposes—
a
as a school, college or university,
b
as a community centre, sports and leisure centre, or similar public building,
c
as a hospital or other facility for the provision of health services,
d
as a retail outlet...,
e
as a cultural centre, such as a museum, concert hall or art gallery,
f
as a stadium or large auditorium,
g
as a major transport terminus or interchange,
h
as a motorway service facility.
i
as a conference or exhibition centre,
j
as a restaurant or cafe,
k
as a public house or nightclub.
3
The toilet facility mentioned in subsection (1) is an accessible public facility which—
a
has sufficient space, being not less than 12 square metres, to allow up to two carers to assist an adult to use the toilet and the equipment mentioned in paragraph (c),
b
has a
...toilet with sufficient space, being not less than 1 metre, from the wall on either side for carers to assist an adult to use the toilet,
c
includes—
i
a height-adjustable changing bench of a size suitable for an adult,
ii
a tracking hoist able to cover the full floor area of the facility,
d
is equipped with—
i
a non-slip floor surface,
ii
a screen or curtain,
iii
a height adjustable wash hand basin,
iv
grab rails to assist in the use of the toilet facility,
v
a shelf
or other surface
suitable for temporary placing of colostomy bags and related equipment.
vi
a call assistance system.
4
The Scottish Ministers may by regulations—
a
amend subsection (2) so as—
i
to add, amend or remove a purpose, or
ii
to describe other types of development that fall within subsection (2), (whether or not by reference to the development's use for a particular purpose) and to amend or remove such types,
b
specify that the requirement in subsection (1) does not apply—
i
to a particular building, structure or erection,
ii
to such descriptions of buildings, structures or erections as may be prescribed, or
iii
in such circumstances as may be prescribed,
c
amend the description of toilet facility in subsection (3).
S. 41B inserted (1.12.2019 for specified purposes, 18.5.2020 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 26(2), 63(2); S.S.I. 2019/385, reg. 2; S.S.I. 2020/67, reg. 2 (with reg. 3)
S. 41B(1) restricted (18.5.2020) by The Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 (S.S.I. 2020/144), regs. 1(1), 3
Words in s. 41B(2)(d) omitted (18.5.2020) by virtue of The Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 (S.S.I. 2020/144), regs. 1(1), 2(2)(a)
S. 41B(2)(i)-(k) inserted (18.5.2020) by The Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 (S.S.I. 2020/144), regs. 1(1), 2(2)(b)
Word in s. 41B(3)(b) omitted (18.5.2020) by virtue of The Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 (S.S.I. 2020/144), regs. 1(1), 2(3)(a)
S. 41B(3)(d)(iii)(iv) substituted (18.5.2020) by The Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 (S.S.I. 2020/144), regs. 1(1), 2(3)(b)
Words in s. 41B(3)(d)(v) inserted (18.5.2020) by The Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 (S.S.I. 2020/144), regs. 1(1), 2(3)(c)
S. 41B(3)(d)(vi) inserted (18.5.2020) by The Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 (S.S.I. 2020/144), regs. 1(1), 2(3)(d)