The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

PART 1 INTRODUCTORY

Application, citation and commencement

1.—(1) This Order shall apply to all land in Scotland.

(2) If a special development order is made, or has been made before the commencement of this Order, in relation to any land this Order shall apply thereto to such extent only and subject to such modifications as may be specified in the special order.

(3) Nothing in this Order shall apply to any permission which is deemed to be granted by virtue of section 62 of the Act.

(4) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and shall come into force on 13th March 1992.

Interpretation

2.—(1) In this Order—

“the Act” means the Town and Country Planning (Scotland) Act 1972;

“the 1981 Act” means the Town and Country Planning (Minerals) Act 1981(1);

“the 1960 Act” means the Caravan Sites and Control of Development Act 1960(2);

“aerodrome” means an aerodrome as defined in article 96 of the Air Navigation Order 1985(3) which is—

(a)

licensed under that order;

(b)

a Government aerodrome;

(c)

one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft;

(d)

one used by aircraft engaged in the public transport of passengers or cargo or aerial work; or

(e)

one identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index,

and for the purposes of this definition, the terms “aerial work”, “Government aerod rome” and “public transport” have the meanings given in the aforesaid article 96;

“aqueduct” does not include an underground conduit;

“associated apparatus”, in relation to any sewer, main or pipe, means pumps, machinery or apparatus associated with the relevant sewer, main or pipe;

“building” does not include plant or machinery, and in Schedule 1 to this Order does not include any gate, fence, wall or other means of enclosure;

“caravan” has the same meaning as for the purposes of Part I of the Caravan Sites and Control of Development Act 1960;

“caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;

“classified road” means a road which is for the time being so classified under section 11 of the Roads (Scotland) Act 1984(4);

“conservation area” means an area of special architectural or historic interest designated as a conservation area under section 262 of the Act(5);

“contravention of previous planning control” means a use of land begun in contravention of Part II of the Town and Country Planning (Scotland) Act 1947(6);

“cubic content” means the cubic content of a structure or building measured externally;

“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;

“existing”, in relation to any building or any plant or machinery, means (except in the definition of “original”) existing immediately before the carrying out of development described in this Order;

“flat” means a separate and self-contained set of premises whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally;

“floor area” means the total floor space in a building taking each floor into account but excluding, any area where the headroom measures less than 1.5 metres;

“hazardous activity” means an activity comprising the manufacture, processing, keeping or use of a hazardous substance in circumstances which will result in there being at any one time a notifiable quantity or more of a hazardous substance in, on, over or under the land on which the development is carried out;

“hazardous substance” and “notifiable quantity” have the meanings assigned to those terms by the Notification Regulations;

“industrial process” means a process for or incidental to any of the following purposes—

(a)

the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

(b)

the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

(c)

the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;

“listed building” means a listed building withing the meaning of section 52(7) of the Act;

“microwave” means that part of the radio spectrum above 1000 MHz;

“local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973(7);

“microwave antenna” means a satellite antenna or a terrestrial microwave antenna;

“mine” means any site on which mining operations are carried out;

“minerals” includes coal won or worked by virtue of section 36(1) of the Coal Industry Nationalisation Act 1946(8), but not any other coal;

“mining operations” means the winning and working of minerals in, on or under land, whether by surface or undergrounding working;

“national scenic area” means an area of outstanding scenic value and beauty in a national context designated by the Secretary of State as a national scenic area under section 262C of the 1972 Act(9);

“Notification Regulations” means the Notification of Installations Handling Hazardous Substances Regulations 1982(10);

“original” means, in relation to a building existing on 1st July 1948, as existing on that date and, in relation to a building built on or after 1st July 1948, as so built;

“plant or machinery” includes any structure or erection in the nature of plant or machinery;

“private way” means a road or footpath which is not maintainable at the public expense;

“road” has the meaning assigned to it by section 151 of the Roads (Scotland) Act 1984(11);

“satellite antenna” means apparatus designed for transmitting microwave radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

“site of archeological interest” means land which is included in the schedule of monuments compiled by the Secretary of State under section 1 of the Ancient Monuments and Archeological Areas Act 1979(12) or is within an area of land which is designated as an area of archeological importance under section 33 of that Act or is within a site which has been included in a Sites and Monuments Record held by any local authority before the coming into force of this Order;

“site of special scientific interest” means land in respect of which notification procedure has been carried out in accordance with section 28(1) of the Wildlife and Countryside Act 1981(13);

“statutory undertaker” includes, in addition to any person mentioned in section 275(1) of the Act, the Post Office, the Civil Aviation Authority, public gas suppliers within the meaning of section 7 of the Gas Act 1986(14) and licence holders within the meaning of section 64(1) of the Electricity Act 1989(15);

“terrestrial microwave antenna” means apparatus designed for transmitting or receiving terrestrial microwave radio energy between two fixed points;

“trunk road” means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984(16);

“Use Classes Order” means the Town and Country Planning (Use Classes) (Scotland) Order 1989(17).

(2) (a) Any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and

(b) for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

(3) Any reference in this Order to the use of land for a specified purpose does not include a reference to the use of land—

(a) without planning permission; or

(b) in contravention of previous planning control.

(4) Any reference in this Order to a numbered article or Schedule is a reference to the article or as the case may be the Schedule bearing that number in this Order and a reference to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph having that number in the article or paragraph in the Schedule in which the reference appears.

(1)

1981 c. 36.

(2)

1960 c. 62; the relevant amendment is section 13 of the Caravan Sites Act 1968 (c. 52).

(3)

S.I. 1985/1643.

(4)

1984 c. 54.

(5)

Section 262 was substituted by the Town and Country Amenities Act 1974 (c. 32), section 2(1).

(6)

1947 c. 53.

(7)

1973 c. 65.

(8)

1946 c. 59; section 36(1) was amended by the Coal Industry Act 1987 (c. 3), Schedule 1, paragraph 1.

(9)

1972 c. 52; section 262C was inserted by Schedule 11 paragraph 38 of the Housing and Planning Act 1986 (c. 63) and amended by section 6(8) and (9) of the Natural Heritage (Scotland) Act 1991 (c. 28).

(10)

S.I. 1982/1357.

(11)

1984 c. 54.

(12)

1979 c. 46; section 1 was amended by the Natural Heritage Act 1983 (c. 47), Schedule 4, paragraph 25.

(13)

1981 c. 69.

(14)

1986 c. 44.

(15)

1989 c. 29.

(16)

1984 c. 54.

(17)

S.I. 1989/147.