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Article 3

SCHEDULE 1SCLASSES OF PERMITTED DEVELOPMENT

[F1PART 1SDEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Textual Amendments

Enlargement of a dwellinghouseS

Class 1A.—(1) Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including any alteration to the roof required for the purpose of the enlargement.

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

[F2(za)the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,]

(a)any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b)any part of the development would be within 1 metre of the boundary of the curtilage of the dwellinghouse and it would extend beyond the line of the wall forming part of the rear elevation that is nearest that boundary by more than—

(i)3 metres in the case of a terrace house; or

(ii)4 metres in any other case;

(c)the height of the eaves of the development would exceed 3 metres;

(d)any part of the development would exceed 4 metres in height;

(e)as a result of the development the area of ground covered by the resulting dwellinghouse would be more than twice the area of ground covered by the original dwellinghouse;

(f)as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); or

(g)it would be within a conservation area.

Textual Amendments

Class 1B.—(1) Any enlargement of a dwellinghouse by way of a ground floor extension consisting of more than one storey, including any alteration to the roof required for the purpose of the enlargement.

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

[F3(za)the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,]

(a)any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b)any part of the development would be within 10 metres of the boundary of the curtilage of the dwellinghouse;

(c)as a result of the development the height of the dwellinghouse would exceed the height of the existing dwellinghouse, when measured at the highest part of the roof and excluding any chimney;

(d)as a result of the development the area of ground covered by the resulting dwellinghouse would be more than twice the area of ground covered by the original dwellinghouse;

(e)as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); or

(f)it would be within a conservation area.

Textual Amendments

Class 1C.—(1) The erection, construction or alteration of any porch outside any external door of a dwellinghouse.

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

[F4(za)the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,]

(a)its footprint would exceed 3 square metres;

(b)any part of it would be within 2 metres of a boundary between the curtilage of the dwellinghouse and a road;

(c)any part of the development would exceed 3 metres in height; or

(d)it would be within a conservation area.

Textual Amendments

Class 1D.—(1) Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.

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

[F5(za)the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,]

(a)it would be on a roof plane forming part of the principal elevation or side elevation where that elevation fronts a road;

(b)it would be on a roof plane and would be within 10 metres of the boundary of the curtilage of the dwellinghouse which that roof plane fronts;

(c)as a result of the development the height of the dwellinghouse would exceed the height of the existing dwellinghouse, when measured at the highest part of the roof and excluding any chimney;

(d)its width would exceed half the total width of the roof plane, measured at the eaves line, of the dwellinghouse;

(e)any part of the development would be within 0.3 metres of any edge of the roof plane of the dwellinghouse; or

(f)it would be within a conservation area.

Textual Amendments

Improvements or alterations to a dwellinghouse which are not enlargementsS

Class 2A.—(1) The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse.

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

(a)the combined length of all flights forming part of the access ramp would exceed 5 metres;

(b)the combined length of all flights and landings forming part of the access ramp would exceed 9 metres;

(c)any part of the ramp would exceed 0.4 metres in height;

(d)the combined height of the ramp and any wall (excluding any external wall of the dwellinghouse), fence, balustrade, handrail or other structure attached to it would exceed 1.5 metres; or

(e)it would be within a conservation area or within the curtilage of a listed building.

Class 2B.—(1) Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an enlargement.

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

(a)it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwellinghouse;

(b)it would be a wind turbine;

(c)it would be a balcony;

(d)it would be on the roof and would result in a raised platform or terrace;

(e)it would be within a conservation area; or

(f)it would be development described in class 2A(1), 3B(1), 6C(1), 6F(1), 6H(1) [F6, 6HA(1), 6HB(1), 6HC(1), 7A(1)] [F7, 67(1)] or 72(1).

(3) Development is permitted by this class subject to the condition that the materials used for any roof covering must be as similar in appearance to the existing roof covering as is reasonably practicable.

Textual Amendments

Other development within the curtilage of a dwellinghouseS

Class 3A.—(1) The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.

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

[F8(za)the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,]

(a)it consists of a dwelling;

(b)any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(c)the height of the eaves would exceed 3 metres;

(d)any part of the development would exceed 4 metres in height;

(e)any part of the development within 1 metre of the boundary of the curtilage of the dwellinghouse would exceed 2.5 metres in height;

(f)as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck); F9...

(g)in the case of land F10... within the curtilage of a listed building, the resulting building would have a footprint exceeding 4 square metres [F11, or

(h)in the case of land in a conservation area, the resulting building would have a footprint exceeding 8 square metres].

Textual Amendments

[F12Class 3AA.—(1) The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse.

Limitations

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

(a)the resulting building would exceed—

(i)150 centimetres in height,

(ii)120 centimetres in depth,

(iii)250 centimetres in width,

(b)there is an existing building developed by virtue of this class situated within the curtilage of the dwellinghouse,

(c)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 dwellinghouse,

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

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

Interpretation

F13(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Class 3B.—(1) The carrying out of any building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

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

(a)any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b)any resulting structure would exceed 3 metres in height;

(c)as a result of the development the area of ground covered by development within the front or rear curtilage of the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard surface or deck);

(d)it would be within a conservation area or within the curtilage of a listed building; or

(e)it would be development described in class 3A(1), 3C(1), 3D(1), 3E(1), 6D, 6E, 6G(1), 6H(1) [F14, 6HA(1)] or 8.

Textual Amendments

Class 3C.—(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of that dwellinghouse or the replacement in whole or in part of such a surface.

(2) Development is not permitted by this class if it would be within a conservation area or within the curtilage of a listed building.

(3) Development is permitted by this class subject to the condition that where the hard surface would be located between the dwellinghouse and a road bounding the curtilage of the dwellinghouse—

(a)the hard surface must be made of porous materials; or

(b)provision must be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.

Class 3D.—(1) The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

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

[F15(za)the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,]

(a)any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b)the floor level of any part of the deck or platform would exceed 0.5 metres in height;

(c)the combined height of the deck and any wall, fence, balustrade, handrail or other structure attached to it, would exceed 2.5 metres; or

(d)in the case of land within a conservation area or within the curtilage of a listed building the deck or platform would have a footprint exceeding 4 square metres.

Textual Amendments

Class 3E.—(1) The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

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

(a)any part of the resulting gate, fence, wall or other means of enclosure would exceed 2 metres in height;

(b)any part of the resulting gate, fence, wall or other means of enclosure would exceed one metre in height where it—

(i)fronts a road; or

(ii)extends beyond the line of the wall of the principal elevation or side elevation that is nearest a road;

(c)it replaces or alters an existing gate, fence, wall or other means of enclosure and exceeds whichever is the greater of the original height or the heights described in sub-paragraphs (a) and (b);

(d)it would be within a conservation area; or

(e)it would be within, or bound, the curtilage of a listed building.

Interpretation of Part 1   For the purposes of Part 1—

“balcony” means a platform, enclosed by a wall or balustrade, projecting outward from the external wall of a building, with access from an upper floor window or door;

“bound” means to share a common boundary, and “bounding” is to be construed accordingly;

“enlargement” means any development that increases the internal volume of the original dwellinghouse, and includes a canopy or roof, with or without walls, which is attached to the dwellinghouse, but does not include a balcony;

“footprint” means an area of ground covered by development;

“front curtilage” means that part of the curtilage of the original dwellinghouse forward of the principal elevation;

“rear curtilage” means that part of the curtilage of the original dwellinghouse which is not the front curtilage;

“rear elevation” means the elevation of the original dwellinghouse that is opposite its principal elevation;

“resulting dwellinghouse” means the dwellinghouse as enlarged, taking into account any previous enlargement;

“side elevation” means the elevation of the original dwellinghouse linking the principal elevation with the rear elevation; and

“terrace house” means a dwellinghouse—

(a)

situated in a row of three or more buildings used, or designed for use, as single dwellinghouses; and

(b)

having a mutual wall with, or having a main wall adjoining the main wall of, the dwellinghouse (or building designed for use as a dwellinghouse) on either side of it,

but includes the dwellinghouses at each end of such a row of buildings as is referred to.

Any reference in Part 1 to—

(a)height is a reference to height when measured from ground level, and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b)the measurement of a dimension is a reference to the measurement of external dimensions; and

(c)“the principal elevation” is a reference to the elevation of the original dwellinghouse which by virtue of its design or setting, or both, is the principal elevation.]

[F1PART 1ZASDEVELOPMENT TO A BUILDING CONTAINING A FLAT

Class 4A.—(1) Any improvement or other alteration to the external appearance of a dwelling situated within a building containing one or more flats.S

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

(a)it would be an enlargement;

(b)it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney;

(c)the dimensions of an existing window or door opening would be altered;

(d)it would be a balcony;

(e)it would be on the roof and would result in a raised platform or terrace;

(f)it would be a wind turbine;

(g)it would be within a conservation area or within the curtilage of a listed building; or

(h)it would be development described in class 6C(1), 6F(1) [F16, 6H(1), 6HA(1), 6HB(1), 6HC(1), 7A(1)] [F17, 67(1)] or 72(1).

(3) For the purposes of this class—

“balcony” means a platform, enclosed by a wall or balustrade, projecting outward from the external wall of a building, with access from an upper floor window or door;

“enlargement” means any development that increases the internal volume of the original building, and includes a canopy or roof, with or without walls, which is attached to the building but does not include a balcony;

a “window” or “door” includes its frame; and

the measurement of a dimension is a reference to the measurement of external dimensions.]

Textual Amendments

   

[F18Class 4B.—(1) The provision of a building within the curtilage of a flat.S

Limitations

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

(a)the resulting building would exceed—

(i)150 centimetres in height,

(ii)120 centimetres in depth,

(iii)250 centimetres in width,

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

(c)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 flat,

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

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

Interpretation

(3) In this class—

“curtilage of a flat”, in relation to a flat, means land which pertains to that flat and only to that flat, F19...

F20...]

Textual Amendments

[F21PART 1ASINSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT

Textual Amendments

F22Class 6A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Class 6B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Class 6C.—(1) The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse or building containing a flat.

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

(a)the height of the flue would protrude more than one metre above the highest part of the roof (excluding any chimney) on which the flue is fixed;

(b)in the case of land within a conservation area or a World Heritage Site, the flue would be installed on the principal elevation of the dwellinghouse or building containing a flat; or

(c)the flue would be within an Air Quality Management Area.

Class 6D.  The installation, alteration or replacement of a ground source heat pump [F23and any associated pipes or apparatus] within the curtilage of a dwellinghouse or building containing a flat.

Textual Amendments

Class 6E.  The installation, alteration or replacement of a water source heat pump [F24and any associated pipes or apparatus] within the curtilage of a dwellinghouse or building containing a flat.

Textual Amendments

Class 6F.—(1) The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse or building containing a flat.

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

(a)the height of the flue would protrude more than 1 metre above the highest part of the roof (excluding any chimney) on which the flue is fixed;

(b)in the case of land within a conservation area or World Heritage Site, the flue would be installed on the principal elevation of the dwellinghouse, or building containing a flat; or

(c)in the case of a combined heat and power system fuelled by biomass sources, the flue would be within an Air Quality Management Area.

[F25Class 6G.—(1) The installation, alteration or replacement of a free standing wind turbine within the curtilage of a dwelling.

(2) Development is not permitted by this class—

(a)if it would result in the presence within the curtilage of a dwelling of more than one free standing wind turbine,

(b)if the wind turbine would be situated a distance which is less than 110% of the blade tip height of the turbine from the curtilage of another dwelling,

(c)if the blade tip height of the wind turbine would exceed 15 metres,

(d)if the lowest part of the wind turbine blade tip would be less than 5 metres from ground level,

(e)within—

(i)a conservation area,

(ii)the curtilage of a listed building,

(iii)a World Heritage Site,

(iv)a site of special scientific interest,

(v)a site of archaeological interest.

(3) Development is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the siting, design, size and external appearance of the proposed wind turbine,

(b)the application is to be accompanied by—

(i)a written description of the proposed development, including details of the siting, design, size and external appearance of the proposed wind turbine, and

(ii)a plan indicating the site,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that prior approval in respect of the siting, design, size and external appearance of the proposed wind turbine is not required,

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice of their determination that such approval is required, or

(iii)where the planning authority gives the applicant notice within a period of 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved,

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application,

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given,

(f)the wind turbine must comply with MCS Planning Standards for wind turbines or equivalent standards,

(g)the wind turbine (including the blades) must be constructed and maintained in a uniform external finish and colour and be free from external rust, staining or discolouration,

(h)if the wind turbine is no longer needed for, or capable of, the generation of electricity it must be removed as soon as reasonably practicable.]

Textual Amendments

[F26Class 6H.—(1) The installation, alteration or replacement of an air source heat pump on a dwelling or within the curtilage of a dwelling.

(2) Development is not permitted by this class—

(a)if it would result in the presence on the same building or within the curtilage of a building of more than one air source heat pump;

(b)in the case of an installation, alteration or replacement of an air source heat pump on a dwelling if—

(i)any part of the development would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwelling; or

(ii)the air source heat pump would be within a conservation area, unless the air source heat pump would be—

(aa)at ground floor level; and

(bb)on the rear elevation;

(c)in the case of the installation, alteration or replacement of an air source heat pump within the curtilage of a building if—

(i)any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road; or

(ii)any resulting structure would exceed 3 metres in height; or

(d)[F27if the air] source heat pump would be within—

(i)a World Heritage Site; or

(ii)the curtilage of a listed building.

(3) Development is permitted by this class subject to the following conditions—

(a)the air source heat pump must be used only for the purpose of providing domestic heating or hot water;

(b)where the air source heat pump is no longer needed for, or capable of, providing domestic heating or hot water it must be removed as soon as reasonably practicable;

(c)the air source heat pump must comply with MCS Planning Standards [F28for air source heat pumps] or equivalent standards.

F29(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F30Class 6HA.—(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a dwelling.

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

(a)it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwelling,

(b)the dwelling is situated in a conservation area and the solar PV or solar thermal equipment would be located on—

(i)the principal elevation, or

(ii)a side elevation where that elevation fronts a road,

(c)the dwelling is —

(i)a listed building or is within the curtilage of a listed building,

(ii)within a World Heritage Site.

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.]

Textual Amendments

[F30Class 6HB.—(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a building situated within the curtilage of a dwelling.

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

(a)it would protrude more than 500 millimetres from the outer surface of an external wall, roof plane, roof ridge or chimney of the building,

(b)the building is situated in the front curtilage of the dwelling,

(c)the building is—

(i)a listed building or within the curtilage of a listed building,

(ii)within a World Heritage Site,

(d)it would be development described in class 6HA(1).

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

(4) In this class “front curtilage” means that part of the curtilage of the dwelling forward of the principal elevation of the dwelling.]

Textual Amendments

[F30Class 6HC.—(1) The installation, alteration or replacement of a wind turbine on a detached dwellinghouse.

(2) Development is not permitted by this class—

(a)if it would result in the presence on the same dwellinghouse of more than one wind turbine,

(b)if any part of the wind turbine would protrude more than 3 metres above the highest part of the roof (excluding any chimney) of the dwellinghouse,

(c)if any part of the wind turbine would be less than 5 metres from ground level,

(d)if the swept area of the turbine would be more than 4 square metres,

(e)if any part of the wind turbine would be less than 5 metres from the boundary of the curtilage of the dwellinghouse,

(f)in the case of a dwellinghouse—

(i)in a conservation area,

(ii)in a World Heritage Site,

(iii)in a site of special scientific interest,

(iv)which is a listed building or is in the curtilage of a listed building.

(3) Development is permitted by this class subject to the following conditions—

(a)the wind turbine must comply with MCS Planning Standards for wind turbines or equivalent standards,

(b)the wind turbine must be constructed and maintained in a uniform external finish and colour and be free from advertisements, external rust, staining or discolouration, and

(c)if the wind turbine is no longer needed for, or capable of, generating electricity it must be removed as soon as reasonably practicable.]

Textual Amendments

Interpretation of Part 1A   For the purposes of Part 1A–

  • “Air Quality Management Area”, has the meaning given in section 83(1) of the Environment Act 1995;

  • [F31“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building;]

  • F32...

  • [F33“free standing wind turbine” means a wind turbine which is not installed on a building;]

  • “microgeneration” has the meaning given in section 82(6) of the Energy Act 2004 and “domestic microgeneration” means the production of electricity or heat for domestic consumption using microgeneration equipment;

  • [F34“principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,]

  • [F34“rear elevation” means the elevation of the building that is opposite its principal elevation,]

  • [F34“side elevation” means the elevation of the building linking the principal elevation with the rear elevation,]

  • [F34“solar PV” means solar photovoltaics,]

  • F32...

  • F35...]

Textual Amendments

[F36PART 1BSINSTALLATION OF NON-DOMESTIC MICROGENERATION [F37AND GENERATION] EQUIPMENT

Textual Amendments

Class 6I.—[F38(1) The installation, alteration or replacement of a ground source heat pump or a water source heat pump, and any associated equipment and underground pipes, within the curtilage of a non-domestic building.]

(2) Development is not permitted by this class if the surface area of land under which the installation, alteration or replacement of any underground pipes (together with any other such pipes) is to be carried out would exceed 0.5 hectares.

(3) Development is not permitted by this class in the case of land within—

(a)a site of archaeological interest;

(b)within the curtilage of a listed building;

(c)a World Heritage Site; or

(d)a historic garden or designed landscape.

F39(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Development is permitted by this class subject to the condition that the surface of the land on which any works have been carried out to install, alter or replace the underground pipes required in connection with either or both—

(a)a ground source heat pump;

(b)a water source heat pump;

must as soon as practicable after the development is completed be restored.

F40(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F41Class 6J.—(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a non-domestic building.

(2) Development is not permitted by this class—

(a)if any part of the solar PV or solar thermal equipment installed would protrude more than 1 metre from the surface of the building,

(b)if the building is situated in a conservation area and the solar PV or solar thermal equipment would be located on—

(i)the principal elevation, or

(ii)a side elevation where that elevation fronts a road,

(c)on a listed building or within the curtilage of a listed building,

(d)within 3 kilometres of an aerodrome or technical site,

(e)within—

(i)a national scenic area,

(ii)a historic garden or designed landscape,

(iii)a National Park,

(iv)World Heritage Site.

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.]

Textual Amendments

Class 6K.—(1) The carrying out on agricultural land comprised in an agricultural unit of works for the erection, extension or alteration of a non-domestic building or structure for the purpose of—

(a)the generation (including cogeneration) of energy from burning biomass;

(b)the generation (including cogeneration) of energy from anaerobic digestion of biomass; or

(c)the storing of biomass,

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

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

(a)the development would be carried out on agricultural land less than 0.4 hectares in area;

(b)the ground area to be covered by any building or structure erected or any building or structure as extended or altered, would exceed 465 square metres;

(c)the height of any part of the building, structure or flue within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(d)the height of any part of the building, structure or flue outwith 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(e)any part of the development would be within 25 metres of a classified road; or

(f)any part of the development would be situated within 400 metres of the curtilage of a protected building.

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed—

(a)in relation to the generation of electricity, 50 kilowatts; or

(b)in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of generating energy from burning biomass is not permitted by this class in the case of land within an air quality management area.

(5) Development for the purposes of generating energy from burning biomass is not permitted by this class if—

(a)it would require more than one flue to be connected to the biomass equipment;

(b)the flue forming part of the biomass equipment would be either—

(i)greater than 500 millimetres in diameter; or

(ii)in the case of an alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(6) Development consisting of the erection of a building, structure or flue or the significant extension or significant alteration of a building, structure or flue is permitted by this class subject to the following conditions—

(a)the developer must, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the siting, design and external appearance of the proposed building, structure or flue;

(b)the application is to be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(ii)where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval;

(iii)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)where prior approval is required, in accordance with the details approved; or

(ii)where prior approval is not required, in accordance with the details submitted with the application; and

(e)the development is to be carried out—

(i)where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given;

(ii)in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in sub-paragraph (6)(b).

(7) For the purposes of this class—

(a)the area of 0.4 hectares referred to in sub-paragraph (2)(a) shall comprise one piece of land except within the areas of the following planning authorities, namely Argyll and Bute Council, Highland Council, Orkney Islands Council, Shetland Islands Council and Comhairle nan Eilean Siar, where the area of 0.4 hectares may be calculated by adding together the areas of separate parcels of land;

(b)the ground area referred to in sub-paragraph (2)(b) is the sum of—

(i)the ground area which would be covered by the proposed development; and

(ii)the ground area of any building (other than a dwelling), or any structure, works, plant or machinery within the same unit which is being erected or has been erected within the preceding two years and any part of which would be within 90 metres of the proposed development; and

(c)the 400 metres measurement referred to in sub-paragraph (2)(f) is to be measured along the ground.

(8) In this class—

“agricultural land” means land which, before development permitted under this Order is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden or any land used for the purposes of fish farming;

“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture other than fish farming, but includes—

(a)

any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit; or

(b)

any dwelling on that land occupied by a farmworker;

“fish farming” means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for transfer to other waters;

“the purposes of agriculture” includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used; and

“protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

(a)

a building within the agricultural unit; or

(b)

a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

Class 6L.—(1) The carrying out on land used for the purposes of forestry, including afforestation works for the erection, extension or alteration of a non-domestic building or structure for the purpose of—

(a)the generation (including cogeneration) of energy from burning biomass;

(b)the generation (including cogeneration) of energy from anaerobic digestion of biomass; or

(c)the storing of biomass

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

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

(a)the height of any building, structure or flue within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height;

(b)any part of the development would be within 25 metres of a classified road; or

(c)any part of the development would be situated within 400 metres of the curtilage of a protected building.

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed—

(a)in relation to the generation of electricity, 50 kilowatts; or

(b)in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of the generation of energy from burning biomass is not permitted by this class—

(a)in the case of land within an air quality management area;

(b)if it would require more than one flue to be connected to biomass equipment;

(c)if the flue forming part of the biomass equipment would be either—

(i)greater than 500 millimetres in diameter; or

(ii)in the case of the alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(5) Development is permitted by this class subject to the following conditions—

(a)the developer must, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the siting, design and external appearance of the proposed building, structure or flue;

(b)the application is to be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(ii)where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval;

(iii)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)where prior approval is required, in accordance with the details approved;

(ii)where prior approval is not required, in accordance with the details submitted with the application; and

(e)the development is to be carried out—

(i)where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given;

(ii)in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in sub-paragraph (5)(b).

(6) For the purposes of this class, “protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include a building on land used for the purposes of forestry including afforestation.

Class 6M.—(1) The extension or alteration of an industrial building or a warehouse for the purpose of either or both—

(a)the generation (including cogeneration) of energy from burning biomass;

(b)the storage of biomass

including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.

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

(a)the height of the building, structure or flue as extended or altered would exceed the height of the original building, structure or flue;

(b)the floor area of the original building would be exceeded by more than 25% or 1,000 square metres whichever is the greater;

(c)the external appearance of the premises of the undertaking concerned would be materially affected;

(d)any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(e)the development would lead to a reduction in the space available for the parking or turning of vehicles.

(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of an industrial warehouse or building would exceed—

(a)in relation to the generation of electricity, 50 kilowatts; or

(b)in relation to the production of heat, 45 kilowatts thermal.

(4) Development for the purposes of the generation of energy from burning biomass is not permitted by this class—

(a)in the case of land within an air quality management area;

(b)if it would require more than one flue to be connected to the biomass equipment;

(c)if the flue forming part of the biomass equipment would be either—

(i)greater than 500 millimetres in diameter; or

(ii)in the case of the alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.

(5) Development is permitted by this class subject to the condition that where any building, structure or flue is extended or altered the extension or alteration must only be used to house equipment required in connection with the generation of energy from burning biomass.

(6) For the purposes of this class—

(a)the erection of any additional building within the curtilage of another building, whether by virtue of this class or otherwise, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b)where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(c)“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking but does not include a building on land in or adjacent to and occupied together with a mine; and

(d)“warehouse” means a building used as a wholesale warehouse, or repository for any purpose and does not include a building on land in or adjacent to and occupied together with a mine.

[F42Class 6N.—(1) The installation, alteration or replacement of free standing solar PV or free standing solar thermal equipment within the curtilage of a non-domestic building.

(2) Development is not permitted by this class—

(a)if the cumulative surface area of the solar PV or solar thermal equipment within the curtilage of the building would exceed 12 square metres,

(b)within a conservation area if any part of that development would be in the front curtilage of the building,

(c)within—

(i)a national scenic area,

(ii)3 kilometres of an aerodrome or technical site,

(iii)the curtilage of a listed building,

(iv)a historic garden or designed landscape,

(v)a National Park,

(vi)a World Heritage Site,

(d)it would be development described in class 6J(1).

(3) Development is permitted by this class subject to the condition that that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

(4) In this class “front curtilage” means that part of the curtilage of the building forward of the principal elevation of the building.]

Textual Amendments

Interpretation of Part 1B   For the purposes of Part 1B—

“air quality management area” has the meaning given in section 83(1) of the Environment Act 1995;

“cogeneration” means the simultaneous generation in one process of thermal energy and electrical and/or mechanical energy;

“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building;

[F43“free standing solar PV” means solar PV which is not installed on a building,]

[F43“free standing solar thermal equipment” means solar thermal equipment which is not installed on a building,]

“microgeneration” has the meaning given in section 82(6) of the Energy Act 2004;

“non-domestic building” means a building other than a dwelling or a building containing a dwelling;

[F44“principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,]

[F44“rear elevation” means the elevation of the building that is opposite its principal elevation,]

[F44“side elevation” means the elevation of the building linking the principal elevation with the rear elevation,]

“significant extension” and “significant alteration” mean any extension or alteration of the building or structure where the cubic content of the original building or structure would be exceeded by more than 10% or the height of the building or structure as extended or altered would exceed the height of the original building or structure;

[F45“solar PV” means solar photovoltaics;]

“technical site” means—

(a)

any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 for the provision of air traffic services, particulars of which have been furnished by the Scottish Ministers or the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated; or

(b)

any area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated.]

Textual Amendments

PART 2SSUNDRY MINOR OPERATIONS

Modifications etc. (not altering text)

Commencement Information

I1Sch. 1 Pt. 2 in force at 13.3.1992, see art. 1(4)

Class 7.—(1) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

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

(a)the height of any gate, fence, wall or other means of enclosure to be erected or constructed within 20 metres of a road would, after the carrying out of the development, exceed one metre above ground level;

(b)the height of any other gate, fence, wall or other means of enclosure to be erected or constructed would exceed two metres above ground level;

(c)the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d)it would involve development within the curtilage of, or in respect of a gate, fence, wall or other means of enclosure surrounding, a listed building [F46or

(e)it would be development described in class 3E(1)].

Textual Amendments

[F47Class 7A.—(1) Any alteration or replacement of an existing window.

(2) Development is not permitted by this class within a World Heritage Site.

(3) Paragraph (4) applies to development to alter or replace a window in a conservation area where—

(a)the window is part of—

(i)the principal elevation, or

(ii)a side elevation where that elevation fronts a road, and

(b)the window as altered or replaced would not be the same, or substantially the same, as the window to be altered or replaced in the following respects—

(i)the manner in which the window is opened and closed,

(ii)the number, orientation and colour of the panes comprised in the window,

(iii)the dimensions and colour of the frame of the window or any astragal bars comprised in the window.

(4) Development to which this paragraph applies is permitted by this class subject to the following conditions—

(a)the developer must, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the design and external appearance of the proposed alteration to or replacement window,

(b)the application is to be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required,

(ii)where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,

(iii)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)where prior approval is required, in accordance with the details approved, or

(ii)where prior approval is not required, in accordance with the details submitted with the application, and

(e)the development is to be carried out—

(i)where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given,

(ii)in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in paragraph (3)(b).

(5) In this class—

“principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,

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

“side elevation” means the elevation of the building linking the principal elevation with the rear elevation.]

Textual Amendments

Class 8.  The formation, laying out and construction of a means of access to a road which is not a trunk road or a classified road, where that access is required in connection with development permitted by any class in this Schedule other than [F48classes 3E or 7].

Textual Amendments

Class 9.—(1) The stone cleaning or painting of the exterior of any building or works.

(2) Development is not permitted by this class—

(a)for the purposes of advertisement, announcement or direction;

(b)where the building or works are in a conservation area; or

(c)where the building is a listed building [F49or

(d)it would be development described in class 2B(1).]

(3) For the purposes of this class, “painting” includes any application of colour.

Textual Amendments

[F50PART 2ASSHOPS OR CATERING, FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS

Textual Amendments

Class 9A.—(1) The extension or alteration of a shop or financial or professional services establishment.S

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

(a)the gross floor space of the original building would be exceeded by more than—

(i)25%; or

(ii)100 square metres;

whichever is the lesser;

(b)the height of the building as extended or altered would exceed 4 metres;

(c)any part of the development, other than an alteration, would be within 10 metres of any boundary of the curtilage of the premises;

(d)the development would result in a reduction in the space available for the parking or turning of vehicles;

(e)the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(f)any part of the development would alter or extend beyond an existing shop or financial or professional services establishment front; F51...

(g)the building as extended or altered is to be used for purposes other than that of the shop or financial or professional services establishment concerned;

[F52(h)it would be development described in class 7A(1)].

(3) Development is not permitted by this class in the case of land within—

(a)a site of archaeological interest;

(b)a national scenic area;

(c)a historic garden or designed landscape;

(d)a historic battlefield;

(e)a conservation area;

(f)a National Park; or

(g)a World Heritage Site.

(4) For the purposes of this class—

(a)the erection of any additional building within the curtilage of another building, whether by virtue of this class or other use, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b)where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

(5) In this class—

“enclosed shopping centre” means a building containing shops having frontages to an arcade or mall or other covered circulation area;

“raised platform” means a platform with a height greater than 300 millimetres;

“retail park” means a group of 3 or more retail stores, at least one of which has a minimum internal floor area of 1,000 square metres and which—

(a)

are set apart from existing shopping centres but within an existing or proposed urban area;

(b)

sell primarily goods other than food; and

(c)

share one or more communal car parks;

“shop or financial or professional services establishment” means a building, or part of a building, used for any purpose within [F53class 1A] to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended except for the purposes of an enclosed shopping centre or retail park; F54...

F55...

Textual Amendments

Class 9B.—(1) The erection or construction of a trolley store within the curtilage of a shop.

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

(a)the gross floor space of the building or enclosure erected would exceed 20 square metres;

(b)the height of the building or enclosure would exceed 3 metres; or

(c)any part of the development would be within 20 metres of the curtilage of a building used for residential purposes.

(3) Development is not permitted by this class in the case of land within a conservation area.

(4) Development is permitted by this class subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.

(5) In this class—

“shop” means a building used for any purpose within [F56paragraph (1) of class 1A] of the Schedule to the Use Classes Order; and

“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

Textual Amendments

Interpretation of Part 2AS

Any reference in Part 2A to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

PART 2BSSCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITAL BUILDINGS

Class 9C.—(1) The extension or alteration of—

(a)a school, college, university or hospital building;

(b)a nursing home or building used for the provision of care (other than a use within class 9 of the Use Classes Order).

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

(a)the gross floor space of the original building would be exceeded by more than—

(i)25%; or

(ii)100 square metres;

whichever is the lesser;

(b)the height of the building as extended or altered would exceed 4 metres;

(c)any part of the development, other than an alteration would be within 10 metres of any boundary of the curtilage of the premises;

(d)the development would result in a reduction in the space available for the parking or turning of vehicles;

(e)the development would result in any land used as a playing field when the development commenced being no longer capable of such use;

(f)the development would consist of or include the construction or provision of a veranda, balcony, or raised platform;

(g)the development would consist of or include the construction or provision of an incinerator;

(h)the development would constitute development of any of the classes specified in Schedule 2 (bad neighbour development); F57...

(i)the building as extended or altered is to be used for a purpose other than that of the undertaking concerned;

[F58(j)it would be development described in class 7A(1)].

(3) Development is not permitted by this class in the case of land within—

(a)a site of archaeological interest;

(b)a national scenic area;

(c)a historic garden or designed landscape;

(d)a historic battlefield;

(e)a conservation area;

(f)a National Park; or

(g)a World Heritage Site.

(4) For the purposes of this class—

(a)any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b)“care” means personal care including the provision of appropriate help with physical and social needs or support including medical care and treatment; and

“raised platform” means a platform with a height greater than 300 millimetres;

F59...

Textual Amendments

PART 2CSOFFICE BUILDINGS

Class 9D.—(1) The extension or alteration of an office building.

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

(a)the gross floor space of the original building would be exceeded by more than—

(i)25%; or

(ii)50 square metres;

whichever is the lesser;

(b)the height of the building as altered or extended would exceed 4 metres;

(c)any part of the development would be within 10 metres of any boundary of the curtilage of the premises;

(d)the development would result in a reduction in the space available for the parking or turning of vehicles; F60...

(e)the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

[F61(f)it would be development described in class 7A(1)]

(3) Development is not permitted by this class in the case of land within—

(a)a site of archaeological interest;

(b)a national scenic area;

(c)a historic garden or designed landscape;

(d)a historic battlefield;

(e)a conservation area;

(f)a National Park; or

(g)a World Heritage Site.

(4) For the purposes of this class—

(a)any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it; and

(b)“raised platform” means a platform with a height greater than 300 millimetres; F62...

F63...

Textual Amendments

PART 2DSRECHARGING ELECTRICAL OUTLETS

Class 9E.—(1) The installation, alteration or replacement, within [F64a qualifying parking area], of an electrical outlet mounted on a wall for recharging electric vehicles.S

(2) Development is not permitted by this class if the electrical outlet (including its casing) would—

(a)exceed 0.5 cubic metres; or

(b)face onto and be within 2 metres of a road.

F65(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Development is permitted by this class subject to the conditions that when no longer needed as a charging point for electric vehicles—

(a)the development must be removed as soon as reasonably practicable; and

[F67(b)the wall on which the development was mounted or into which the development was set must be reinstated—

(i)as soon as reasonably practicable, and so far as reasonably practicable, to its condition before that development was carried out, or

(ii)in accordance with a restoration plan agreed in writing with the planning authority.]

Textual Amendments

Class 9F.—[F68(1) The installation, alteration or replacement, within a qualifying parking area of—S

(a)an upstand with an electrical outlet mounted on it for recharging vehicles,

(b)equipment (including equipment housing) necessary for the operation of such an upstand.]

(2) Development is not permitted by this class if the upstand and the outlet (including its casing) would—

[F69(a)exceed 2.7 metres in height from the level of the surface used for the parking of vehicles,

(aa)if located within the curtilage of a dwellinghouse, or of a building containing one or more flats exceed 1.6 metres in height from the level of the surface used for the parking of vehicles,]

(b)be within 2 metres of a road; or

(c)result in more than one upstand being provided for each parking space.

[F70(2A) Development is not permitted by this class where any piece of equipment, (including equipment housing) other than an upstand would—

(a)exceed 29 cubic metres,

(b)exceed 3 metres in height from the level of the surface used for the parking of vehicles,

(c)be within 5 metres of a road,

(d)be within the curtilage of a dwellinghouse, or a building containing one or more flats,

(e)be within 10 metres of the curtilage of a dwellinghouse or a building containing one or more flats.]

F71(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F73(4A) Development is permitted by this class subject to the condition that any lighting or illumination forming part of the development—

(a)is directed towards the surface used for the parking of vehicles, and

(b)only illuminates the immediate area of the development.]

(5) Development is permitted by this class subject to the conditions that when the development is no longer needed as a charging point for electric vehicles—

(a)the development must be removed as soon as reasonably practicable; and

[F74(b)the land on which the development was mounted or into which the development was set must be reinstated—

(i)as soon as reasonably practicable, and so far as reasonably practicable, to its condition before that development was carried out, or

(ii)in accordance with a restoration plan agreed in writing with the planning authority.]

Textual Amendments

Interpretation of Part 2DS

For the purposes of Part 2D—

F75...

[F76“qualifying parking area” means an area which—

(a)

has—

(i)

as its primary use lawful off-street parking, and

(ii)

a hard surface, or

(b)

is within the curtilage of a dwellinghouse or a building containing one or more flats.]

Textual Amendments

PART 2ESACCESS RAMPS

Class 9G.—(1) The erection, construction or alteration of any access ramp outside an external door of a non-domestic building.S

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

(a)the combined length of all flights forming part of the access ramp would exceed 5 metres;

(b)the combined length of all flights and platforms forming part of the access ramp would exceed 9 metres;

(c)any part of the ramp would exceed 0.4 metres in height;

(d)the combined height of the ramp and any wall (excluding any external wall of the non-domestic building), fence, balustrade, handrail or other structure attached to it would exceed 1.5 metres; or

(e)the development would result in a reduction in the space available for the parking or turning of vehicles.

(3) Development is not permitted by this class in the case of land within—

(a)a site of archaeological interest;

(b)a national scenic area;

(c)a historic garden or designed landscape;

(d)a historic battlefield;

(e)a conservation area;

(f)a National Park; or

(g)a World Heritage Site.

(4) Development is permitted by this class subject to the condition that the materials used for the facing of the access ramp must be of similar appearance to those used in the construction of the facing of the existing non-domestic building.

(5) For the purposes of this class—

(a)any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b)“non domestic building” means a building other than a dwelling or a building containing a dwelling;

“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building.

“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.]

[F77PART 2FSREVERSE VENDING MACHINES

Textual Amendments

   

Class 9H.—(1) The installation, alteration or replacement of a reverse vending machine in a wall of a shop or within the curtilage of a shop.S

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

(a)the reverse vending machine would exceed 3.5 metres in height,

(b)its footprint would exceed 80 square metres,

(c)in the case of a reverse vending machine installed in the wall of a shop, any part of the development would protrude 2 metres beyond the outer surface of that wall,

(d)it would be situated within 15 metres of the curtilage of a building used for residential purposes,

(e)it would face onto and be within 5 metres of a road,

(f)it would be within—

(i)a site of archaeological interest,

(ii)a national scenic area,

(iii)a historic garden or designed landscape,

(iv)a historic battlefield,

(v)a conservation area,

(vi)a National Park, or

(vii)a World Heritage Site.

(3) Development is permitted by this class subject to the following conditions—

(a)where the reverse vending machine is no longer in operation—

(i)the development must be removed as soon as reasonably practicable, and

(ii)the land on which the development was situated, including any wall in which the development was installed must, as soon as reasonably practicable, and so far as reasonably practicable, be reinstated to its condition before that development was carried out.

(4) For the purpose of this class—

“footprint” means an area of ground covered by development,

“reverse vending machine” means a machine for the purpose of accepting scheme packaging, reimbursing deposits for each item of scheme packaging accepted, and retaining the scheme packaging for collection within the meaning of the Deposit and Return Scheme for Scotland Regulations 2020, and any associated enclosure, building, canopy or other structure,

“scheme packaging” has the meaning given in regulation 3(2) of the Deposit and Return Scheme for Scotland Regulations 2020,

“shop” means a building used for any purpose within [F78paragraph (1) of class 1A] of the schedule of the Use Classes Order, F79...

F80...]

Textual Amendments

[F81PART 2GSPEDAL CYCLE STORAGE

Textual Amendments

   

Class 9I.—(1) The provision within the curtilage of a commercial building of a building for the purpose of temporary storage of pedal cycles.S

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. S

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 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.S

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 2GS

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,

F82...]

Textual Amendments

[F83Part 2HSHospitality uses - outdoor servery provision

Textual Amendments

Class 9L.—(1) Development consisting of—

(a)a change of use of part of a public road adjacent to relevant premises for the purposes of selling or serving food or drink supplied from those premises or consuming good or drink supplied from those premises, and

(b)placing furniture for use in connection with such purposes.

Conditions

(2) Development is permitted by this class subject to the condition that no furniture may be placed in a public road so as to cause an obstruction unless consent has first been obtained from the relevant roads authority under section 59 of the Roads (Scotland) Act 1984.

Interpretation

(3) In this class—

“furniture” means—

(a)

counters or stalls for selling or serving food or drink,

(b)

tables, counters or shelves on which food or drink can be placed,

(c)

chairs, benches or other forms of seating,

(d)

umbrellas, ramps, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink,

(e)

decking structures for the purpose of creating a level surface on which items mentioned in sub-paragraphs (a) to (d) can be placed,

“relevant premises” means a premises—

(a)

used for a purpose specified in class 3 (food and drink) of the schedule of the Use Classes Order,

(b)

used as a public house,

“public road” has the meaning given in section 151 of the Roads (Scotland) Act 1984.]

[F83Part 2ISSolar canopies, battery storage and equipment housing for recharging vehicles

[F84Class 9M.—(1) The installation, alteration or replacement—

(a)within a qualifying parking area of—

(i)a solar canopy,

(ii)equipment (including equipment housing) necessary for operation of the solar canopy,

(b)within a qualifying parking area of—

(i)battery storage which is wholly or primarily associated with the operation of a solar canopy permitted under this class,

(ii)equipment (including equipment housing) necessary for operation of the battery storage.

Limitations

(2) Development is not permitted by paragraph (1)(a) or (b) of this class—

(a)if the development would—

(i)be within 5 metres of a road,

(ii)be within the curtilage of a dwellinghouse, or a building containing one or more flats,

(iii)be within 10 metres of the curtilage of a dwellinghouse or a building containing one or more flats,

(iv)be within 3 kilometres of the perimeter of an aerodrome or technical site,

(b)if any part of the development would exceed 4 metres in height from the level of the surface used for the parking of vehicles or if part of the development (other than a solar canopy) would exceed 3 metres in height from the level of the surface used for the parking of vehicles,

(c)if any battery storage unit or piece of equipment (including equipment housing but excluding a solar canopy or cabling) would exceed 29 cubic metres in size,

(d)in the case of development falling within paragraph (1)(b), if the combined size of all battery storage units and all pieces of equipment (including equipment housing but excluding cabling) would exceed 58 cubic metres in size,

(e)within—

(i)a site of archaeological interest,

(ii)a national scenic area,

(iii)a historic garden or designed landscape,

(iv)a historic battlefield,

(v)a conservation area

(vi)a National Park,

(vii)a World Heritage Site,

(viii)the curtilage of a listed building,

(f)if the development would take place—

(i)on the roof of a building, or

(ii)on the top level of an open top multi-storey car park.

Conditions

(3) Development is permitted by this class subject to the following conditions—

(a)if the development is no longer needed for the generation of electricity—

(i)the development must be removed as soon as reasonably practicable, and

(ii)the land on which the development was mounted or into which the development was set must be reinstated—

(aa)as soon as reasonably practicable, and so far as reasonably practicable, to its condition before that development was carried out, or

(bb)in accordance with a restoration plan agreed in writing with the planning authority,

(b)any lighting or illumination forming part of the development—

(i)is directed towards the surface used for the parking of vehicles, and

(ii)only illuminates the immediate area of the development.

(4) Development to which paragraph (1)(b) applies is permitted by this class subject to the following conditions—

(a)the developer must, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the design and siting of the battery storage or equipment,

(b)the application is to be accompanied by—

(i)a description of the proposed development,

(ii)a plan or plans indicating the location of the site of the proposed development and location of the proposed development within the site,

(iii)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required,

(ii)where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,

(iii)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)where prior approval is required, in accordance with the details approved, or

(ii)where prior approval is not required, in accordance with the details submitted with the application, and

(e)the development is to be carried out—

(i)where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given,

(ii)in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in paragraph (4)(b).

Interpretation

(5) In this class—

“battery storage” means equipment and apparatus for the storage of energy which is converted from electricity and is stored for the purpose of its future reconversion into electricity,

“qualifying canopy structure” means a canopy structure which supports solar photovoltaics and which—

(a)

is open on one or more sides, and

(b)

is designed to allow one or more vehicles to be parked underneath it,

“qualifying parking area” means an area—

(a)

which has as its primary use the lawful off-street parking of vehicles, and

(b)

where vehicles are parked on a hard surface,

“solar canopy” means solar photovoltaics supported by a qualifying canopy structure and the qualifying canopy structure and connecting cabling,

“technical site” means—

(a)

any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 for the provision of air traffic services, particulars of which have been furnished by the Scottish Ministers or the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated, or

(b)

any area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated.]]

Textual Amendments

PART 3SCHANGES OF USE

Commencement Information

I2Sch. 1 Pt. 3 in force at 13.3.1992, see art. 1(4)

Class 10.—[F85(1)] Development consisting of a change of use of a building or land to a use within [F86class 1A (shops and financial, professional and other services)] from a use—

F87(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F88(aa)for the sale of hot food for consumption off the premises;]

(b)within class 3 (food and drink); or

(c)for the sale or display for sale of motor vehicles.

[F89(2) Development is not permitted by sub-paragraph (1)(c) of this class if the change of use is of a building whose total floor area exceeds 235 square metres.]

Textual Amendments

Class 11.  Development consisting of a change of use of a building or land to a use within [F90class 1A (shops and financial, professional and other services)] from a use within class 3 (food and drink) [F91or a use for the sale of hot food for consumption off the premises].

Textual Amendments

[F92Class 11A.—(1) Development consisting of a change of use of a building to a use within class 3 (food and drink) from a use—

(a)within class 1A (shops and financial, professional and other services),

(b)as a betting shop,

(c)as a pay day loan shop, or

(d)for the sale of hot food for consumption off the premises.

Limitations

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

(a)it would result in the change of use of a building unit situated below any part of a dwelling, or

(b)it would result in the change of use of a building or a building unit which is within 1 metre of a dwelling.

Interpretation

(3) For the purposes of paragraph (2)(b) of this class when measuring the distance of 1 metre no account is to be taken of any communal access.

(4) In this class—

“building unit” means a part of a building which is designed or altered to be used separately,

“communal access” means a passage, stairs or landings within a building which constitute a common access to two or more building units.]

Textual Amendments

[F92Class 11B.—(1) Development consisting of a change of use of a qualifying building or qualifying building unit to a use within class 4 (business) from a use—

(a)within class 1A (shops and financial, professional and other services),

(b)within class 3 (food and drink),

(c)as a betting shop,

(d)as a pay day loan shop, or

(e)for the sale of hot food for consumption off the premises.

Interpretation

(2) In this class—

“building unit” means a part of a building which is designed or altered to be used separately,

“qualifying building” means a building with a floor area of no more than 300 square metres,

“qualifying building unit” means a building unit with a floor area of no more than 300 square metres.]

Textual Amendments

Class 12.  Development consisting of a change of use of a building or land to a use within class 4 (business) from a use within—

(a)class 5 (general industrial); or

(b)[F93class 6] (storage or distribution).

Textual Amendments

Class 13.—(1) Development consisting of a change of use of a building or land to a use within [F94class 6] (storage or distribution) from a use within—

(a)class 4 (business); or

(b)class 5 (general industrial).

(2) Development is not permitted by this class if the change of use relates to more than 235 square metres of the floor area in the building.

Textual Amendments

[F95Class 13A.—(1) Development consisting of a change of use of a building or land from use as a betting office or pay day loan shop to a use within class 1A (shops and financial, professional and other services.]

Textual Amendments

Interpretation of Part 3—S

For the purposes of Part 3—

  • [F96“pay day loan shop” has the meaning given in article 3(6) of the Use Classes Order]

  • any references to “class”, other than the reference to “Class 10”, “Class 11”, “Class 12” [F97, “Class 13” and “Class 13A”] where they occur at the beginning of each of the [F98five] preceding paragraphs, are references to the classes specified in the Schedule to [F99the Use Classes Order].

Textual Amendments

PART 4STEMPORARY BUILDINGS AND USES

Commencement Information

I3Sch. 1 Pt. 4 in force at 13.3.1992, see art. 1(4)

Class 14.—(1) The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

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

(a)the operations being or to be carried out are mining operations; or

(b)planning permission is required for these operations but has not been granted or deemed to be granted.

(3) Development is permitted by this class subject to the conditions that, when the operations have been carried out—

(a)any building, structure, works, plant or machinery permitted by this Class shall be removed; and

(b)any adjoining land on which development permitted by this Class has been carried out shall as soon as reasonably practicable, be reinstated to its condition before that development was carried out.

Class 15.  The use of land (other than a building or land within the curtilage of a building) for any purpose, except as a caravan site F100..., on not more than 28 days in total in any calendar year, and the erection or placing of moveable structures on the land for the purposes of that use.

Textual Amendments

PART 5SCARAVAN SITES

Commencement Information

I4Sch. 1 Pt. 5 in force at 13.3.1992, see art. 1(4)

Class 16.—(1) The use of land, other than a building, as a caravan site in the circumstances referred to in sub-paragraph (3).

(2) Development is permitted by this class subject to the condition that the use shall be discontinued when the circumstances specified in sub-paragraph (3) cease to exist, and all caravans on the site shall be removed as soon as reasonably practicable.

(3) The circumstances specified in this sub-paragraph are those specified in paragraphs 2 to 10 of Schedule 1 to the 1960 Act, but in relation to those mentioned in paragraph 10 do not include use for winter quarters.

Class 17.  Development required by the conditions of a site licence for the time being in force under the 1960 Act.

PART 6SAGRICULTURAL BUILDINGS AND OPERATIONS

Commencement Information

I5Sch. 1 Pt. 6 in force at 13.3.1992, see art. 1(4)

Class 18.—(1) The carrying out on agricultural land comprised in an agricultural unit of—

(a)works for the erection, extension or alteration of a building;

(b)the formation, alteration or maintenance of private ways; or

(c)any excavation or engineering operations,

requisite for the purposes of agriculture within that unit.

[F101(1A) Development is not permitted by this class if, in the case of any development referred to in sub-paragraph (1)(a), the land is within a historic battlefield;]

(2) [F102Subject to paragraph (4)] development is not permitted by this class if—

(a)the development would be carried out on agricultural land less than 0.4 hectare in area;

(b)it would consist of or include the erection, extension or alteration of a dwelling;

(c)a building, structure or works not designed for the purposes of agriculture would be provided on the land;

[F103(d)the ground area to be covered by any works or structure (other than a fence) for the purposes of accommodating livestock or any plant or machinery arising from engineering operations would exceed 465 square metres, calculated as described in sub-paragraph (5),

(da)the ground area to be covered by any building erected or any building as extended or altered by virtue of this class—

(i)is situated in a designated area and would exceed 465 square metres, calculated as described in sub-paragraph (5), or

(ii)is situated elsewhere and would exceed 1,000 square metres, calculated as described in sub-paragraph (5),]

(e)the height of any part of the building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(f)the height of any part of the building, structure or works outwith 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(g)any part of the development would be within 25 metres of the metalled portion of a trunk or classified road; or

(h)it would consist of or include the erection or construction of, or the carrying out of any works to, a building, structure or erection used or to be used for housing pigs, poultry, rabbits or animals bred for their skin or fur or for the storage of slurry or sewage sludge, and the building, structure or works is or would be within 400 metres of the curtilage of any protected building.

(3) Development is permitted by this class subject to the following conditions—

(a)where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, erection or works resulting from the development shall not be used for housing pigs, poultry, rabbits or animals bred for their skin or fur or for the storage of slurry or sewage sludge;

(b)where the development involves—

(i)the extraction of any mineral from the land or from any disused railway embankment on the land; or

(ii)the removal of any mineral from a mineral-working deposit on the land,

the mineral shall not be moved off the land, unless planning permission for the winning and working of that mineral has been granted on an application made under Part III of the Act;

(c)in the case of development which involves the deposit of waste materials on or under the land, no waste materials shall be brought onto the land from elsewhere except for development of the kind described in sub-paragraph (1)(a) or the creation of a hard surface, where the materials are incorporated into the building or works forthwith.

(4) (a) Development consisting of the erection of a building or the significant extension or significant alteration of a building F104... is permitted by this class subject to the following conditions:—

[F105(i)the developer shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;]

(ii)the application shall be accompanied by a written description of the proposed develop ment, the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii)the development shall not be begun before the occurrence of one of the following:—

(aa)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the planning authority gives the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv)the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa)where prior approval is required, in accordance with the details approved;

(bb)where prior approval is not required, in accordance with the details submitted with the application;

(v)the development shall be carried out—

(aa)where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb)in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (a)(ii);

(b)development consisting of the significant extension or the significant alteration of a building, may be carried out only once in respect of that building.

[F106(4A) Development consisting of the formation or alteration of a private way is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the design, manner of construction or route of the private way;

(b)the application is to be accompanied by—

(i)a description of the proposed development, including the proposed design and manner of construction, details of the materials to be used and a plan indicating the route of the private way; and

(ii)any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following:—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(e)the development is to be carried out within a period of 3 years from the date on which all approvals required in accordance with this paragraph have been given.]

(5) For the purposes of this class—

[F107(a)the area of 0.4 hectares shall comprise one piece of land except within the areas of the following planning authorities, namely Argyll and Bute District Council, Badenoch and Strathspey District Council, Caithness District Council, Inverness District Council, Lochaber District Council, Orkney Islands Council, Ross and Cromarty District Council, Shetland Islands Council, Skye and Lochalsh District Council, Sutherland District Council and Western Isles Islands Council, where the area of 0.4 hectares may be calculated by adding together the areas of separate parcels of land;]

(b)the ground area referred to in sub-paragraph (2)(d) is the sum of—

(i)the ground area which would be covered by the proposed development; and

(ii)the ground area of any building (other than a dwelling), or any structure, works, plant or machinery within the same unit which is being provided or has been provided within the preceding two years and any part of which would be within 90 metres of the proposed development;

(c)the 400 metres measurement referred to in sub-paragraphs (2) and (3) is to be measured along the ground;

(d)“protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

(i)a building within the agricultural unit;

F108(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

Textual Amendments

[F109Water ManagementS

Class 18A.—(1) The carrying out of F110... drainage for agriculture or of any other water management project for that purpose [F111, but not including the carrying out of irrigation work].

(2) Development consisting of the erection of a building or the significant extension or significant alteration of a building is permitted by this class subject to the conditions set out in Class 18(4)(a); and development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building.]

Textual Amendments

[F112Class 18B.—(1) Development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to a use as a dwelling together with the following building operations to the extent which they are reasonably necessary to convert the building to use as a dwelling—

(a)the installation or replacement of—

(i)windows, doors, roofs, or exterior walls,

(ii)water, drainage, sewerage, electricity, gas or other services,

to the extent reasonably necessary for the building to function as a dwelling,

(b)partial demolition to the extent reasonably necessary to carry out building operations allowed by sub-paragraph (a)(i),

(c)the provision of access to the dwelling and of a hard surface for the purpose of the parking of vehicles incidental to the enjoyment of the dwelling.

Limitations

(2) Development is only permitted by this class if—

(a)the building was used solely for an agricultural use as part of an agricultural unit on 4 November 2019, or

(b)in the case of a building which was not in use on 4 November 2019 but was in use before that date, when the building was last in use it was used solely for an agricultural use as part of an agricultural unit.

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

(a)the building is constructed after 4 November 2019,

(b)the cumulative number of separate residential units developed by virtue of this class and contained in a building or buildings situated within the original agricultural unit would exceed 5,

(c)the floor space of any residential unit developed by virtue of this class would exceed 150 square metres,

(d)the development would result in the external dimensions of the building (excluding guttering and pipes required for drainage or sewerage, flues and aerials) extending beyond the external dimensions of the existing building at any given point,

(e)the building is a listed building,

(f)the building is situated on croft land or within—

(i)the curtilage of a listed building,

(ii)a site of archaeological interest,

(iii)a safety hazard area, or

(iv)a military explosives storage area.

Conditions

(4) Development is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

(i)the design or external appearance of the building,

(ii)the provision of adequate natural light in all habitable rooms of the dwelling,

(iii)the impacts of the proposed development on transport,

(iv)access to the dwelling,

(v)the impacts of noise on residents or occupiers of the building if used as a dwelling,

(vi)risks to occupiers of the proposed dwelling from contamination from the site,

(vii)the risk of flooding of the site,

(b)the application is to be accompanied by—

(i)a written description of the development, including a description of any building operations and materials to be used,

(ii)a plan showing the location of the development,

(iii)such other plans and drawings as are necessary to describe the development,

(iv)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required,

(iii)the applicant has (or to the extent required has) received such approval from the planning authority,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved,

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application,

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this sub-paragraph have been given.

Interpretation

(5) The reference in sub-paragraph (1) to the use of a building as an agricultural building includes a building which when last used was used as an agricultural building.

(6) For the purposes of this class—

“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building,

“original agricultural unit” in respect of a building, means, the agricultural unit of which the building formed part on 4 November 2019,

“residential unit” means a dwellinghouse or a flat.]

Textual Amendments

[F112Class 18C.—(1) Development consisting of a change of use of a building and any land within its curtilage from—

(a)use as an agricultural building to a flexible commercial use, or

(b)a flexible commercial use permitted by virtue of this class to another flexible commercial use,

together with the following building operations described in sub-paragraph (2) to the extent which they are reasonably necessary to convert the building to a flexible commercial use.

(2) The building operations are—

(a)the installation or replacement of—

(i)windows, doors, roofs, or exterior walls,

(ii)water, drainage, sewerage, electricity, gas or other services,

to the extent reasonably necessary for the building to function for the purposes of the flexible commercial use to which the building is converted,

(b)partial demolition to the extent reasonably necessary to carry out building operations allowed by sub-paragraph (a)(i),

(c)the provision of access to the building and of a hard surface for the purpose of the parking of vehicles incidental to the enjoyment of the building for the purposes of the flexible commercial use.

Limitations

(3) Development is only permitted by this class if—

(a)the building was used solely for an agricultural use as part of an agricultural unit on 4 November 2019, or

(b)in the case of a building which was not in use on 4 November 2019 but was in use before that date, when the building was last in use it was used solely for an agricultural use as part of an agricultural unit.

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

(a)the building is constructed after 4 November 2019,

(b)the cumulative floor space developed by virtue of this class within the original agricultural unit would exceed 500 square metres,

(c)the development would result in the external dimensions of the building (excluding guttering and pipes required for drainage or sewerage, flues and aerials) extending beyond the external dimensions of the existing building at any given point,

(d)the building is a listed building,

(e)the building is situated within—

(i)the curtilage of a listed building,

(ii)a site of archaeological interest,

(iii)a safety hazard area,

(iv)a military explosives storage area.

Conditions

(5) Development is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

(i)the design or external appearance of the building,

(ii)the impacts of the proposed development on transport,

(iii)access to the building,

(iv)the impacts of noise on those using the building or as a result of the development,

(v)risks to those using the building from contamination from the site,

(vi)the risk of flooding of the site,

(b)the application is to be accompanied by—

(i)a written description of the development, including a description of any building operations and materials to be used,

(ii)a plan showing the location of the development,

(iii)such other plans and drawings as are necessary to describe the development,

(iv)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required,

(iii)the applicant has (or to the extent required has) received such approval from the planning authority,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved,

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application,

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this sub-paragraph have been given.

Interpretation

(6) The reference in sub-paragraph (1) to the use of a building as an agricultural building includes a building which when last used was used as an agricultural building.

(7) For the purposes of this class—

“flexible commercial use” means a use falling within the following classes of the Use Classes Order, or a combination of such uses—

(a)

[F113class 1A (shops and financial, professional and other services),]

(c)

class 3 (food and drink),

(d)

class 4 (business),

(e)

class 6 (storage or distribution),

(f)

class 10 (non-residential institutions),

“original agricultural unit” in respect of a building, means, the agricultural unit of which the building formed part on 4 November 2019.]

Textual Amendments

Class 19.—(1) The winning and working on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.

(2) Development is not permitted by this class if any excavation would be made within 25 metres of the metalled portion of a trunk or classified road or a railway line.

(3) Development is permitted by this class subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture.

Land drainage worksS

Class 20.  The carrying out of any works required in connection with the improvement or maintenance of watercourses or land drainage works.

[F114Class 20A.—(1) The carrying out on peatland of works for the restoration of that peatland—

(a)including—

(i)works for the stabilisation, revegetation and re-profiling of bare peat and related drainage works, and

(ii)the extraction of peat from within a peatland site for the purpose, and only for the purpose, of the use of such peat in the restoration of peatland within that peatland site, but

(b)not including works for the formation of alteration of a private way.

Conditions

(2) Development is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development submit a peatland restoration scheme to the planning authority and apply to the planning authority for a determination as to whether the prior approval of the authority is required for that peatland restoration scheme,

(b)the application is to be accompanied by—

(i)a peatland restoration scheme,

(ii)a map showing the location of the peatland site to be restored,

(iii)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required,

(iii)the applicant has (or to the extent required has) received such approval from the planning authority,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)if prior approval is required, in accordance with the peatland restoration scheme as approved,

(ii)if prior approval is not required, in accordance with the peatland restoration scheme submitted with the application, and

(e)the development is to be carried out within a period of 10 years from the date on which any approval required in accordance with this sub-paragraph has been given.

Interpretation

(3) For the purposes of this class—

“peatland restoration scheme” means a scheme setting out the work to be carried out to restore peatland within an area of peatland identified by the scheme and including details in respect of—

(a)

any measures to mitigate—

(i)

impacts of the proposed development on archaeology,

(ii)

the risk of contamination or flooding as a result of the development on the peatland site,

(iii)

the impacts of the proposed development on soil, and

(b)

the removal, felling, lopping or topping of any trees,

“peatland site” is the area identified in the peatland restoration scheme as the area of peatland to be restored in accordance with that scheme,

“re-profiling” means changing the surface of the peatland to reduce water runoff and encourage revegetation by spreading turves across the bare surface,

“revegetation” means by planting, applying locally won turves or seeding with peatland plants,

“stabilisation” means re-establishment of vegetation by seeding and the introduction of pre-grown seedlings (known as plug plants) with the use of temporary protective coverings, including a plant mulch or manufactured stabilisation product or fertilisers.]

Textual Amendments

PeatS

Class 21.  The winning and working of peat by any person for the domestic requirements of that person.

Interpretation of Part 6S

For the purposes of Part 6—

“agricultural land” means land which, before development permitted under this Order is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden or any land used for the purposes of fish farming;

“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture other than fish farming, but includes—

(a)

any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit; or

(b)

any dwelling on that land occupied by a farmworker;

“building” does not include anything resulting from engineering operations;

[F115“designated area” means—

(a)

a national scenic area,

(b)

a National Park

(c)

a World Heritage Site,

(d)

a historic garden or designed landscape,

(e)

the curtilage of a category A listed building,

(f)

a site of archaeological interest,

(g)

a conservation area,]

“fish farming” means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consump tion or for transfer to other waters;

“the purposes of agriculture” includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used;

[F116“significant extension” and “significant alteration” mean—

(a)

in respect of the period before 1 April 2021, any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building,

(b)

in respect of the period beginning on 1 April 2021, any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 20% or the height of the building as extended or altered would exceed the height of the original building,]

“slurry” means animal faeces and urine whether or not water has been added,

F117...

Textual Amendments

[F118PART 6ASFish Farming

Textual Amendments

   

Class 21A—(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—S

[F119(a)replacing an existing finfish pen (including within the area of a fallow fish farm)—

(i)in the same location with a finfish pen of a different size, colour or design;

(ii)in a different location with a finfish pen of a different size, colour or design; or

(iii)in a different location with a finfish pen of the same size, colour and design;

(aa)within the area of a fallow fish farm, replacing an existing finfish pen in the same location with a finfish pen of the same size, colour and design;]

(b)relocation of an existing finfish pen; or

(c)installing an additional finfish pen.

(2) Development is not permitted by [F120paragraph (1)(a)(i) or (ii) or (c) of] this class in respect of any tank or [F121pen] which—

(a)is circular and has a circumference greater than [F122200] metres; or

(b)is not circular and is greater than [F1233,182] square metres in area.

[F124(3) Development is not permitted by paragraph (1)(a)(i) or (ii) or (c) of this class if as a result of the replacement or installation of a finfish pen the surface area of the waters covered by the equipment comprising the fish farm as altered or extended—

(a)would be [F125, or would be greater than, 20,000] square metres; or

(b)would be—

(i)more than [F1261,100] square metres greater; or

(ii)10% greater,

than the surface area of the waters covered by the original equipment.]

(4) Development is permitted by this class subject to the following conditions—

(a)any biomass contained within a fish pen mentioned in paragraph (1) must not, taken together with other biomass contained within the area of the existing fish farm, exceed the maximum amount of biomass permitted to be contained within that area under the terms of any existing permission, consent or licence under which the fish farm operates;

[F127(aa)in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out;]

(b)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

(i)the size, colour and design of the finfish pen; and

(ii)if the finfish pen is an additional finfish pen or is to be located in a different place from the finfish pen it replaces, its location;

(c)the application is to be accompanied by—

(i)a description of the proposed finfish pen, including details of its size, colour and design;

(ii)where the finfish pen is to be relocated, a description of both its current location within the area of the existing fish farm and its proposed location;

(iii)where the finfish pen is an additional finfish pen, a description of its proposed location;

(iv)a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(v)any fee required to be paid;

(d)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(e)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(f)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

F128(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

   

[F129Class 21AA.—(1) The placing or assembly of equipment within the area of an existing fish farm (other than a fallow fish farm) for the purpose of replacing an existing finfish pen in the same location with a finfish pen of the same size, colour and design.S

(2) Development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.]

Textual Amendments

   

Class 21B—(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—S

(a)replacing an existing feed barge, in the same or a different location, with a feed barge of—

(i)the same size, colour and design; or

(ii)a different size, colour or design; or

(b)relocation of an existing feed barge.

(2) Development is permitted by this class subject to the following conditions—

(a)where the feed barge is—

(i)to be relocated;

(ii)to be located in a different place to the feed barge it replaces; or

(iii)of a different size, colour or design to the feed barge it replaces,

the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required, as the case may be, in respect of the size, colour or design of, or the location of, the feed barge;

(b)the application is to be accompanied by—

(i)a description of the proposed feed barge, including details of its proposed size, colour and design;

(ii)where the feed barge is to be relocated, a description of both its current location within the area of the existing fish farm and its proposed location;

(iii)where the feed barge is to be in a different place to the feed barge it replaces, both a description of the location of that feed barge and of the proposed location of the replacement feed barge;

(iv)a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(v)any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; F130...

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given [F131; and

(f)in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.]

Textual Amendments

   

Class 21C—(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—S

(a)replacing an existing top net or support for a top net with a top net or support of the same size, colour and design; or

(b)replacing an existing top net or support for a top net with a top net or support of a different size, colour or design.

(2) Development [F132described in paragraph (1)(a) within the area of a fallow fish farm or development described in paragraph (1)(b)] is permitted by this class subject to the following conditions—

F133(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required—

(i)in respect of the size of the proposed equipment to support the top net; and

(ii)F134... in respect of the colour or design of the proposed top net or support;

(c)the application is to be accompanied by—

(i)a description of the proposed equipment, including details of its size and where the top net or support is of a different colour or design than the existing top net or support, its colour or design;

(ii)a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii)any fee required to be paid;

(d)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(e)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(f)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

[F135(3) Development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.]

Textual Amendments

   

Class 21D—(1) The placing or assembly of any equipment within the area of an existing fish farm required temporarily in connection with the operation of the fish farm.S

(2) Development is not permitted by this class—

(a)in respect of any equipment described in paragraph (1) of any other class within this Part;

(b)if the surface area of the waters which would be covered by the proposed equipment is greater than 1% of the surface area of the waters covered by the equipment comprised in the fish farm; or

(c)in respect of any equipment (or equipment used for the same or equivalent purpose) which has been removed from the area of the existing fish farm within the preceding 12 months.

(3) Development is permitted by this class subject to the following conditions—

(a)where there is a feed barge within the fish farm, any equipment placed or assembled is not to be greater in height than one half the height of any feed barge;

(b)where there is no feed barge within the fish farm any equipment placed or assembled is not to be greater in height than 2.5 metres;

[F136(bb)in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out;]

(c)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the size, colour, design and location of the proposed equipment;

(d)the application is to be accompanied by—

(i)a description of the proposed equipment, including details of its size, colour, design and proposed location;

(ii)a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii)any fee required to be paid;

(e)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(f)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application;

(g)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given; and

(h)any equipment must be removed at the expiry of the allowed period and notification of such removal is to be given to the planning authority in writing within 14 days after the date of removal.

(4) In this class, the “allowed period” means, in respect of any particular item of equipment, a period of three months commencing on the date on which that equipment was placed or assembled.

Textual Amendments

   

Class 21E—(1) The placing or assembly of a long-line for use in shellfish farming within the area of an existing fish farm.S

[F137(2) Development is permitted by this class subject to the limitation that only one additional line may be placed or assembled within the area of the fish farm by virtue of this class for every 6 long lines comprised in the original equipment relating to that fish farm.]

(3) Development [F138other than where the development in question is the replacement of an existing long line in the same location with a long line of the same size, colour and design and is not within the area of a fallow fish farm,] is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the size, colour, design or location of the proposed long line;

(b)the application is to be accompanied by—

(i)a description of the proposed long line, including details of its size, colour, design and proposed location;

(ii)a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii)any fee required to be paid;

[F139(c)] the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

[F139(d)] the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; F140...

[F139(e)]the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given [F141; and

F142(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F143(3A) Development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.]

F144(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

   

Class 21F—(1) Development consisting of a change of use of a fish farm—S

(a)to the breeding, rearing or keeping of halibut (Hippoglossus hippoglossus) where the established use of that fish farm is the breeding, rearing or keeping of Atlantic salmon (Salmo salar);

(b)to the breeding, rearing or keeping of Atlantic salmon (Salmo salar) where the established use of that fish farm is the breeding, rearing or keeping of sea trout (Salmo trutta) or rainbow trout (Oncorhynchus mykiss); F145...

(c)to the breeding, rearing or keeping of sea trout (Salmo trutta) or rainbow trout (Oncorhynchus mykiss) where the established use of that fish farm is the breeding, rearing or keeping of Atlantic salmon (Salmo salar).

[F146(d)to the breeding, rearing or keeping of scallop (Aequipecten opercularis or Pecten maximus) where the established use of that fish farm is the breeding, rearing or keeping of—

(i)mussel (Mytilus);

(ii)Pacific oyster (Crassostrea gigas); or

(iii)native oyster (Ostrea edulis);

(e)to the breeding, rearing or keeping of mussel (Mytilus) where the established use of that fish farm is the breeding, rearing or keeping of—

(i)scallop (Aequipecten opercularis or Pecten maximus);

(ii)Pacific oyster (Crassostrea gigas); or

(iii)native oyster (Ostrea edulis); or

(f)to the breeding, rearing or keeping of native oyster (Ostrea edulis) where the established use of that fish farm is the breeding, rearing or keeping of—

(i)mussel (Mytilus);

(ii)scallop (Aequipecten opercularis or Pecten maximus); or

(iii)Pacific oyster (Crassostrea gigas).]

(2) In this Class, “established use” means lawful use within the meaning of section 150 of the Act.

Textual Amendments

   

Class 21G.—[F147(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—S

(a)replacing an existing mooring in the same location with a mooring of—

(i)the same size, colour and design; or

(ii)a different size, colour or design;

(b)relocation of a mooring; or

(c)installing an additional mooring.

(2) Development, other than where the development in question is the replacement of an existing mooring in the same location with a mooring of the same size, colour and design and that location is not within a European site or a nature conservation MPA, is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

(i)the size, colour and design of the mooring; and

(ii)its location;

(b)the application is to be accompanied by—

(i)a description of the proposed mooring, including details of its size, colour and design;

(ii)where the mooring is an additional mooring, a description of its proposed location;

(iii)a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iv)any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

(3) All development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

(4) In this class “nature conservation MPA” means an area designated as a nature conservation marine protected area by a designation order made by the Scottish Ministers under section 67 of the Marine (Scotland) Act 2010.

Textual Amendments

   

Class 21H.—(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of replacing an existing finfish pen net in the same location with a finfish pen net—S

(a)of the same size, colour and design; or

(b)of the same size but of a different colour or design.

(2) Where the development in question is either development described in paragraph (1)(a) within the area of a fallow fish farm or development described in paragraph (1)(b), the development is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the colour and design of the finfish pen net;

(b)the application is to be accompanied by—

(i)a description of the proposed finfish pen net, including details of its size, colour and design;

(ii)a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii)any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

(3) All development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

Textual Amendments

   

Class 21I.—(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of installing a secondary net structureS

(2) Development is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the size, colour and design of the secondary net structure;

(b)the application is to be accompanied by—

(i)a description of the proposed secondary net structure, including details of its size, colour and design;

(ii)a description of its proposed location;

(iii)a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iv)any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application;

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given; and

(f)in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

(7) In this class, “secondary net structure” means a net structure including a sea lice skirt or predator net which is secondary to a main containing finfish pen net.

Textual Amendments

   

Class 21J.—(1) The placing or assembly of equipment within the area of an existing shellfish farm for the purpose of—S

(a)replacing an existing trestle, in the same or a different location, with a trestle of—

(i)the same size, colour and design; or

(ii)a different size, colour or design;

(b)relocation of a trestle; or

(c)installing an additional trestle.

(2) Development is not permitted by paragraph (1)(c) of this class if—

(a)the area of the existing shellfish farm is greater than 2 hectares; or

(b)the installation of a trestle would result in more than a 10% increase in the number of trestles which are located within the area of the existing shellfish farm when compared with the number of trestles which comprise original equipment in relation to that shellfish farm.

(3) Development, other than where the development in question is the replacement of an existing trestle in the same location with a trestle of the same size, colour and design and is not within the area of a fallow fish farm, is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

(i)the size, colour and design of the trestle; and

(ii)its location;

(b)the application is to be accompanied by—

(i)a description of the proposed trestle, including details of its size, colour and design;

(ii)where the trestle is to be relocated, a description of both its current location within the area of the existing shellfish farm and its proposed location;

(iii)where the trestle is an additional trestle, a description of its proposed location;

(iv)a description of the area of the existing shellfish farm, including details of the coordinates of the anchorage or mooring point used in relation to the shellfish farm; and

(v)any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this paragraph have been given.

(4) All development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

(5) In this class “shellfish farm” means a fish farm which is used solely for the purpose of breeding, rearing or keeping shellfish.]

Textual Amendments

Interpretation of Part 6A   For the purposes of this Part—

(1) The following expressions have the following meanings—

[F148“authorised mooring” means a mooring which is original equipment or which is placed or assembled by virtue of planning permission granted by Part 6A of this Order;]

“equipment” and “fish farming” have the meanings given in section 26(6) of the Act;

“fish farm” means a place used for the purposes of fish farming;

[F149“fallow fish farm” means a fish farm treated as forming an existing fish farm by virtue of paragraph (1A);

“finfish pen” means a tank or cage used for the purposes of fish farming other than for the breeding, rearing or keeping of shellfish (including any kind of sea urchin, crustacean or mollusc);

“mooring” includes an anchor;]

“original equipment” means in relation to a fish farm, the equipment placed or assembled in respect of that fish farm pursuant to consent granted by—

(a)

planning permission granted following an application made under Part III of the Act;

(b)

a relevant authorisation; or

(c)

by a combination of such planning permission and a relevant authorisation; and

“relevant authorisation” has the meaning given in article 14(6)(c) of the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007.

[F150(1A) Where—

(a)before 1st July 2018 all equipment relating to a fish farm, other than one or more moorings, has been removed; or

(b)on or after 1st July 2018 all equipment relating to a fish farm, other than three or more moorings, has been removed and the planning authority have been given notice in writing of—

(i)the date on which the last item of such equipment was removed; and

(ii)the location of the remaining moorings,

then to the extent that the remaining mooring or moorings are authorised moorings, that remaining equipment is to be treated as forming an existing fish farm for a period of 9 years after the date on which the last item of such other equipment was removed notwithstanding the removal of that equipment.

(1B) In relation to placement or assembly of equipment for the purpose of replacement or relocation of equipment—

(a)references to existing equipment are to be treated as including the removed equipment but in relation to replacement or placement or assembly of equipment in the area of a fallow fish farm only where no more than 9 years have passed since the equipment in question was removed; and

(b)references to the current location of the equipment which is to be relocated are references to the location of the equipment before it is removed or relocated.]

[F151(2)  The area of an existing fish farm means in relation to—

(a)a fallow fish farm which is treated as forming an existing fish farm by virtue of paragraph (1A)(a), the area within which fish farming development had been permitted in terms of the planning permission or relevant authorisation in accordance with which the remaining authorised mooring or moorings had been placed or assembled;

(b)a fallow fish farm which is treated as forming an existing fish farm by virtue of paragraph (1A)(b), the area which, if the remaining authorised moorings (the location of which being as set out in the notice referred to in paragraph (1A)(b)) were to be connected by straight lines, would be enclosed by such imaginary lines;

(c)a fish farm (other than a fallow fish farm) where fish farming development is permitted in terms of planning permission granted following an application made under Part III of the Act, the area within which such fish farming development is permitted in terms of that planning permission; and

(d)any other fish farm, the area which, if the moorings used in relation to that fish farm were to be connected by straight lines, would be enclosed by such imaginary lines.]

(3) The height of equipment is to be measured from the surface of the water.]

Textual Amendments

PART 7SFORESTRY BUILDINGS AND OPERATIONS

Commencement Information

I6Sch. 1 Pt. 7 in force at 13.3.1992, see art. 1(4)

Class 22.—(1) The carrying out on land used for the purposes of forestry, including afforestation, or in the case of sub-paragraph (c) land held or occupied with that land, of development reasonably necessary for those purposes consisting of—

(a)works for the erection, extension or alteration of a building;

(b)the formation, alteration or maintenance of private ways;

(c)operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways;

(d)other operations (not including engineering or mining operations).

[F152(1A) Development is not permitted by this class if, in the case of any development referred to in sub-paragraph (1)(a), the land is within a historic battlefield.]

(2) Subject to sub-paragraph (3), development is not permitted by this class if—

(a)it would consist of or include the provision or alteration of a dwelling;

(b)the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; or

(c)any part of the development would be within 25 metres of the metalled portion of a trunk or classified road.

(3) (a) Development consisting of the erection of a building or the significant extension or significant alteration of a building F153... is permitted by this class subject to the following conditions:—

[F154(i)the developer shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;]

(ii)the application shall be accompanied by a written description of the proposed develop ment, the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii)the development shall not be begun before the occurrrence of one of the following:—

(aa)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the planning authority gives the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv)the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa)where prior approval is required, in accordance with the details approved;

(bb)where prior approval is not required, in accordance with the details submitted with the application;

(v)the development shall be carried out—

(aa)where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb)in any case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (a)(ii);

(b)development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building.

[F155(4) Development consisting of the formation or alteration of a private way is permitted by this class subject to the following conditions:—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the design, manner of construction or route of the private way;

(b)the application is to be accompanied by—

(i)a description of the proposed development, including the proposed design and manner of construction, details of the materials to be used and a plan indicating the route of the private way; and

(ii)any fee required to be paid;

(c)the development is not to be commenced before the occurrence of one of the following:—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii)the applicant has (or to the extent required has) received such approval from the planning authority;

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved;

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(e)the development is to be carried out within a period of 3 years from the date on which all approvals required in accordance with this paragraph have been given.]

Textual Amendments

[F156Class 22A.—(1) Development consisting of a change of use of a building from use for the purposes of forestry to use as a dwelling together with the following building operations to the extent which they are reasonably necessary to convert the building to use as a dwelling—

(a)the installation or replacement of—

(i)windows, doors, roofs, or exterior walls,

(ii)water, drainage, sewerage, electricity, gas or other services,

to the extent reasonably necessary for the building to function as a dwelling,

(b)partial demolition to the extent reasonably necessary to carry out building operations allowed by subparagraph (a)(i),

(c)the provision of access to the dwelling and of a hard surface for the purpose of the parking of vehicles incidental to the enjoyment of the dwelling.

Limitations

(2) Development is only permitted by this class if—

(a)the building was used solely for the purposes of forestry on 4 November 2019, or

(b)in the case of a building which was not in use on 4 November 2019 but was in use before that date, when the building was last in use it was used solely the purposes of forestry.

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

(a)the building is constructed after 4 November 2019,

(b)the cumulative number of separate residential units developed by virtue of this class within the same building would exceed 5,

(c)the floor space of any residential unit developed by virtue of this class would exceed 150 square metres,

(d)the development would result in the external dimensions of the building (excluding guttering and pipes required for drainage or sewerage, flues and aerials) extending beyond the external dimensions of the existing building at any given point,

(e)the building is a listed building,

(f)the building is situated on croft land or within—

(i)the curtilage of a listed building,

(ii)a site of archaeological interest,

(iii)a safety hazard area,

(iv)a military explosives storage area.

Conditions

(4) Development is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

(i)the design or external appearance of the building,

(ii)the provision of adequate natural light in all habitable rooms of the dwelling,

(iii)the impacts of the proposed development on transport,

(iv)access to the dwelling,

(v)the impacts of noise on residents or occupiers of the building if used as a dwelling,

(vi)risks to occupiers of the proposed dwelling from contamination from the site,

(vii)the risk of flooding of the site,

(b)the application is to be accompanied by—

(i)a written description of the development, including a description of any building operations and materials to be used,

(ii)a plan showing the location of the development,

(iii)such other plans and drawings as are necessary to describe the development, including plans showing the elevations of the development and the location of windows and doors,

(iv)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required,

(iii)the applicant has (or to the extent required has) received such approval from the planning authority,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved,

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application,

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this sub-paragraph have been given.

Interpretation

(5) For the purposes of this class—

“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building, and

“residential unit” means a dwellinghouse or a flat.]

Textual Amendments

[F156Class 22B.—(1) Development consisting of a change of use of a building from—

(a)use for the purposes of forestry to a flexible commercial use, or

(b)a flexible commercial use permitted by virtue of this class to another flexible commercial use,

together with the following building operations described in sub-paragraph (2) to the extent which they are reasonably necessary to convert the building to a flexible commercial use.

(2) The building operations are—

(a)the installation or replacement of—

(i)windows, doors, roofs, or exterior walls,

(ii)water, drainage, sewerage, electricity, gas or other services,

to the extent reasonably necessary for the building to function for the purposes of the flexible commercial use to which the building is converted,

(b)partial demolition to the extent reasonably necessary to carry out building operations allowed by sub-paragraph (a)(i),

(c)the provision of access to the building and of a hard surface for the purpose of the parking of vehicles incidental to the enjoyment of the building for the purposes of the flexible commercial use.

Limitations

(3) Development is only permitted by this class if—

(a)the building was used solely for the purposes of forestry on 4 November 2019, or

(b)in the case of a building which was not in use on 4 November 2019 but was in use before that date, when the building was last in use it was used solely for the purpose of forestry.

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

(a)the building is constructed after 4 November 2019,

(b)the cumulative floor space developed by virtue of this class would exceed 500 square metres,

(c)the development would result in the external dimensions of the building (excluding guttering and pipes required for drainage or sewerage, flues and aerials) extending beyond the external dimensions of the existing building at any given point,

(d)the building is a listed building,

(e)the building is situated within—

(i)the curtilage of a listed building,

(ii)a site of archaeological interest,

(iii)a safety hazard area,

(iv)a military explosives storage area.

Conditions

(5) Development is permitted by this class subject to the following conditions—

(a)the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of—

(i)the design or external appearance of the building,

(ii)the impacts of the proposed development on transport,

(iii)access to the building,

(iv)the impacts of noise on those using the building or as a result of the development,

(v)risks to those using the building from contamination from the site,

(vi)the risk of flooding of the site,

(b)the application is to be accompanied by—

(i)a written description of the development, including a description of any building operations and materials to be used,

(ii)a plan showing the location of the development,

(iii)such other plans and drawings as are necessary to describe the development,

(iv)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,

(ii)the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required,

(iii)the applicant has (or to the extent required has) received such approval from the planning authority,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is required, in accordance with the details approved,

(ii)to the extent to which prior approval is not required, in accordance with the details submitted with the application,

(e)the development is to be carried out within a period of three years from the date on which all approvals required in accordance with this sub-paragraph have been given.

Interpretation

(6) The reference in sub-paragraph (1) to the use of a building as an agricultural building includes a building which when last used was used as an agricultural building.

(7) For the purposes of this class—

“flexible commercial use” means a use falling within the following classes of the Use Classes Order, or a combination of such uses—

(a)

[F157class 1A (shops and financial, professional and other services),]

(c)

class 3 (food and drink),

(d)

class 4 (business),

(e)

class 6 (storage or distribution),

(f)

class 10 (non-residential institutions).]

Textual Amendments

Interpretation of Part 7S

For the purposes of this Part—

  • “significant extension” and “significant alteration” mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building.

PART 8SINDUSTRIAL AND WAREHOUSE DEVELOPMENT

Commencement Information

I7Sch. 1 Pt. 8 in force at 13.3.1992, see art. 1(4)

Class 23.—(1) The extension or alteration of an industrial building or a warehouse.

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

(a)the building as extended or altered is to be used for purposes other than those of the undertaking concerned;

(b)the building is to be used for a purpose other than—

(i)in the case of an industrial building as extended or altered the carrying out of an industrial process or the provision of employee facilities;

(ii)in the case of a warehouse, as extended or altered for storage or distribution or for the provision of employee facilities;

(c)the height of the building as extended or altered would exceed the height of the original building;

(d)the floor area of the original building would be exceeded by more than 25% or 1,000 square metres whichever is the greater;

(e)the external appearance of the premises of the undertaking concerned would be materially affected;

(f)any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(g)the development would lead to a reduction in the space available for the parking or turning of vehicles.

(3) Development is permitted by this class subject to the conditions that where any building is extended or altered—

(a)in the case of an industrial building, it shall only be used for the carrying out of an industrial process for the purpose of the undertaking or the provision of employee facilities;

(b)in the case of a warehouse, it shall only be used for storage or distribution for the purposes of the undertaking or the provision of employee facilities;

(c)it shall not be used to provide employee facilities between 7 pm and 6.30 am for employees other than those present at the premises of the undertaking for the purpose of their employment;

(d)it shall not be used to provide employee facilities if a notifiable quantity of a hazardous substance is present at the premises of the undertaking.

(4) Development is permitted for the purpose of carrying out any ancillary social, recreational or welfare purpose on condition that such uses shall not be carried on in a building any part of which is used for a hazardous activity.

(5) For the purposes of this class—

(a)the erection of any additional building within the curtilage of another building, whether by virtue of this class or otherwise, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b)where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

Class 24.—(1) Development carried out on industrial land for the purposes of an industrial process consisting of—

(a)the installation of additional or replacement plant or machinery;

(b)the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

(c)the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

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

(a)it would materially affect the external appearance of the premises of the undertaking concerned; or

(b)any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

(3) In this class “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine.

[F158Class 25.—(1) The provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purposes of the undertaking concerned.

(2) Development is not permitted by this class in the case of land within—

(a)a site of archaeological interest;

(b)a national scenic area;

(c)a historic garden or designed landscape;

(d)a historic battlefield;

(e)a conservation area;

(f)a National Park; or

(g)a World Heritage Site.

(3) Development is permitted by this class subject to the following conditions—

(a)the hard surface must be made of porous materials; or

(b)provision must be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the industrial building or warehouse.]

Textual Amendments

Class 26.—(1) The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

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

(a)the waste material is or includes material resulting from the winning and working of minerals; or

(b)the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.

Interpretation of Part 8S

For the purposes of Part 8—

“employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including creche facilities provided for the children of such employees;

[F159“industrial building” means a building used for the carrying out of an industrial process (including the carrying out of research and development of products or processes) and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking but does not include a building or land in or adjacent to land occupied with a mine;]

“warehouse” means a building used as a wholesale warehouse, or repository for any purpose and does not include a building on land in or adjacent to and occupied together with a mine.

F160...

Textual Amendments

PART 9SREPAIRS TO PRIVATE ROADS AND PRIVATE WAYS

Commencement Information

I8Sch. 1 Pt. 9 in force at 13.3.1992, see art. 1(4)

Class 27.—(1) The carrying out on land within the boundaries of a private road or private way of works required for the maintenance or improvement of the road or way.

(2) For the purpose of this class—

  • “private road” has the meaning assigned to it by section 151(1) of the Roads (Scotland) Act 1984(1).

PART 10SREPAIRS TO SERVICES

Commencement Information

I9Sch. 1 Pt. 10 in force at 13.3.1992, see art. 1(4)

Class 28.—(1) The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

(2) Development is permitted by this class subject to the condition that on completion of the works or nine months after commencement of the works, whichever is the earlier, the land shall be restored to—

(a)the condition it was in before the works were carried out; or

(b)such condition as may be acceptable to the planning authority.

PART 11SDEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS

Commencement Information

I10Sch. 1 Pt. 11 in force at 13.3.1992, see art. 1(4)

Class 29.—(1) Development authorised by—

(a)a local or private Act of Parliament [F161or of the Scottish Parliament];

(b)an order approved by both Houses of Parliament [F162or by the Scottish Parliament]; or

(c)any order made under section 14 or 16 of the Harbours Act 1964(2),

which in each case designates specifically the nature of the development authorised and the land upon which it may be carried out.

(2) Development is not permitted by this class if it consists of or includes—

(a)the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam; or

(b)the formation, laying out or alteration of a means of access to any road used by vehicular traffic,

unless the prior approval of the planning authority in respect of the detailed plans and specifications is first obtained.

(3) The prior approval referred to in sub-paragraph (2) shall not be refused by the planning authority or granted subject to conditions unless they are satisfied that—

(a)in any case (other than the provision of works carried out to a dam) the development ought to be and could reasonably be carried out elsewhere on the land designated specifically in the said Act or order; or

(b)the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

Textual Amendments

Modifications etc. (not altering text)

PART 12SDEVELOPMENT BY LOCAL AUTHORITIES

Commencement Information

I11Sch. 1 Pt. 12 in force at 13.3.1992, see art. 1(4)

[F163Class 30.  The erection or construction and the maintenance, improvement or other alteration by a local authority of—

(a)any building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity on land belonging to or maintained by them, being building, works or equipment required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;

(b)street furniture [F164(including electric vehicle charging points and any associated infrastructure)] required in connection with the operation of any public service administered by them.]

Textual Amendments

[F165Class 31.  The carrying out by a roads authority–

(a)on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where said works involve development by virtue of section 26(2)(b) of the Act; or

(b)on land outside but adjoining the boundary of an existing road of works required for or incidental to the maintenance or improvement of the road.]

Textual Amendments

F166Class 32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Class 33.  The carrying out, within their own district by a [F167local authority] of—

(a)works for the erection of [F168dwellings], so long as those works conform to a local plan adopted under section 12 of the Act(3);

(b)any development under the Housing (Scotland) Act 1987(4) not being development to which the last foregoing sub-paragraph applies so long as the development conforms to a local plan adopted under section 12 of the Act;

(c)any development under any enactment the estimated cost of which does not exceed [F169£250,000] other than—

(i)development of any of the classes specified in Schedule 2 (bad neighbour development); or

(ii)development which constitutes a material change in the use of any buildings or other land.

[F170In this class “dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building.]

Textual Amendments

PART 13SDEVELOPMENT BY STATUTORY UNDERTAKERS

Commencement Information

I12Sch. 1 Pt. 13 in force at 13.3.1992, see art. 1(4)

Railway or light railway undertakingsS

Class 34.—(1) Development by railway undertakers or their lessees on their operational land, required in connection with the movement of traffic by rail.

(2) Development is not permitted by this class if it consists of or includes—

(a)the construction of a railway;

(b)the construction or erection of a hotel, railway station or bridge; or

(c)the construction or erection otherwise than wholly within a railway station of—

(i)an office, or a building used for either residential or educational purposes or for an industrial process;

(ii)a car park, shop, restaurant, garage or petrol filling station.

(3) For the purposes of this class—

(a)references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appear ance would be materially affected;

(b)the reference to industrial process does not include the washing, maintenance and cleaning of rolling stock.

Dock, pier, harbour, water transport, canal or inland navigation undertakingsS

Class 35.—(1) [F171The carrying out of development] on operational land by statutory [F172undertakers, or their lessees or agents,] in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a)for the purposes of shipping; F173...

(b)in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking;

[F174(c)in connection with the provision of services and facilities.]

(2) Development is not permitted by this class if it consists of or includes—

(a)the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic;

(b)the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—

(i)a building used for educational purposes; F175...

(ii)a car park, shop, restaurant, garage or petrol filling station;

[F176(iii)where development falls with paragraph (1)(c)—

(aa)the erection of a building other than an operational building, or

(bb)the alteration or reconstruction of a building other than an operational building where its design or external appearance would be materially affected.]

[F177(2A) Development is permitted by this class subject to the condition that notice of the development is given to the planning authority before any development is carried out unless that development—

(a)is urgently required for the efficient running of the dock, pier, harbour, water transport, canal or inland navigation undertaking, and

(b)consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.]

(3) For the purposes of this class references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964.

Textual Amendments

Modifications etc. (not altering text)

Works to inland waterwaysS

Class 36.  The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968(5) applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

DredgingsS

Class 37.  The use of any operational land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertaking for the spreading of any dredged material.

Water undertakingsS

Class 38.—(1) For the purposes of water undertakings development of any of the following descriptions—

(a)the laying underground of mains, pipes or other apparatus;

(b)the installation in a water distribution system of a booster station, valve house, meter or switchgear house;

(c)the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation;

(d)any other development carried out in, on, over or under the operational land other than the provision of a building but including the extension or alteration of a building.

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

(a)it would include the construction of a reservoir;

(b)in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a booster station or valve house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a road used by vehicular traffic;

(c)in the case of any development referred to in sub-paragraph (1)(d), it would consist of or include the extension or alteration of a building so that—

(i)its design or external appearance would be materially affected;

(ii)the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%; or

(iii)the floor area of the original building would be exceeded by more than 1,000 square metres; or

(d)in the case of any development referred to in sub-paragraph (1)(d), it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

(3) Development is permitted by sub-paragraph (1)(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the planning authority).

[F178Public gas transporters]S

Class 39.—(1) Development by a [F179public gas transporter] required for the purposes of its undertaking consisting of—

(a)the laying underground of mains, pipes or other apparatus;

(b)the installation in a gas distribution system of apparatus for measuring, recording, controlling or varying the pressure, flow or volume of gas, and structures for housing such apparatus;

(c)the construction in any storage area or protective area specified in an order made under section 4 of the Gas Act 1965(6), of boreholes, and the erection or construction in any such area of any plant or machinery required in connection with the construction of such boreholes;

(d)the placing and storage on land of pipes and other apparatus to be included in a main pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

(e)the erection on operational land of the [F179public gas transporter] of a building solely for the protection of plant or machinery; and

(f)any other development carried out in, on, over or under the operational land of the [F179public gas transporter].

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

(a)in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a road used by vehicular traffic;

(b)in the case of any development referred to in sub-paragraph (1)(c)—

(i)the borehole is shown in an order approved by the Secretary of State for Energy for the purpose of section 4(6) of the Gas Act 1965(7); or

(ii)any plant or machinery would exceed 6 metres in height;

(c)in the case of any development referred to in sub-paragraph (1)(e), the building would exceed 15 metres in height; or

(d)in the case of any development referred to in sub-paragraph (1)(f)—

(i)it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii)it would involve the installation of plant or machinery exceeding 15 metres in height, or capable without the carrying out of additional works of being extended to a height exceeding 15 metres; or

(iii)it would consist of or include the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater.

(3) Development is permitted by this class subject to the following conditions:—

(a)in the case of any development referred to in sub-paragraph (1)(a), not less than 8 weeks before the beginning of operations to lay a notifiable pipeline, the [F179public gas transporter] shall give notice in writing to the planning authority of its intention to carry out that development, identifying the land under which the pipeline is to be laid;

(b)in the case of any development referred to in sub-paragraph (1)(d), on completion of the laying or construction of the main or pipe, or at the expiry of a period of 9 months from the beginning of the development, whichever is the sooner, the pipe or apparatus shall be removed and the land restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

[F180(c)in the case of any development referred to in sub-paragraph (1)(e)—

(i)the [F179public gas transporter] shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;

(ii)the application shall be accompanied by a written description of the proposed development and the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii)the development shall not be begun before the occurrence of one of the following:—

(aa)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv)the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa)where prior approval is required, in accordance with the details approved;

(bb)where prior approval is not required, in accordance with the details submitted with the application;

(v)the development shall be carried out—

(aa)where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb)in any other case, within a perio d of five years from the date on which the planning authority were given the information referred to in sub-paragraph (c)(ii).]

(4) For the purposes of this class—

  • “notifiable pipeline” means a pipeline (as that term is defined in section 65 of the Pipelines Act 1962(8) which contains or is intended to contain a hazardous substance, but does not include a pipeline which has been authorised under section 1 of the Pipelines Act 1962, or a pipeline which contains, or is intended to contain, no hazardous substance other than—

    (a)

    a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; or

    (b)

    a flammable liquid, as specified in item 4 of Part II of the said Schedule.

Textual Amendments

Electricity undertakingsS

Class 40.—(1) Development by [F181an electricity undertaker] for the purposes of their undertaking consisting of—

(a)the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transfor ming or switching stations or chambers reasonably necessary in connection with an electric line;

(b)the installation F182... of any [F183electronic communications line] which connects any part of an electric line to any electrical plant or building, and the installation F182... of any support for any such line;

[F184(ba)the replacement of any electronic communications line which connects any part of an electric line to any electrical plant or building, and the replacement of any support for any such line,]

[F185(c)the carrying out of works for the purpose of survey or investigation and the installation of any plant or machinery reasonably necessary in connection with such works,]

[F186(ca)the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure,]

(d)the extension or alteration of buildings on operational land of the undertaking;

(e)the erection on operational land of the undertaking of a building solely for the protection of plant or machinery; and

(f)any other development carried out in, on, over or under the operational land of the undertaking.

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

(a)in the case of any development referred to in sub-paragraph (1)(a)—

(i)it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Eletricity Act 1989(9) applies; F187...

(ii)it would consist of or include the installation or replacement at or above ground level or under a road used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed [F18845] cubic metres in capacity;

[F189(iii)it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 3 metres in height, or

(iv)it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 29 cubic metres in capacity and would be located—

(aa)within 5 metres of a dwelling,

(bb)in a national scenic area,

(cc)in a National Park,

(dd)in a conservation area,

(ee)in a historic garden or designed landscape,

(ff)in a historic battlefield,

(gg)in the curtilage of a listed building,

(hh)in the site of a scheduled monument,

(ii)in a World Heritage Site.]

(b)in the case of any development referred to in sub-paragraph (1)(b)—

(i)the development would take place in a national scenic area or a site of special scientific interest;

(ii)the height of any support would exceed 15 metres; or

(iii)the [F183electronic communications line] would exceed 1,000 metres in length;

[F190(ba)in the case of any development referred to in sub-paragraph (ca) if—

(i)the height of any gate, fence, wall or other means of enclosure to be erected or constructed would exceed 3 metres above ground level, or

(ii)the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or 3 metres above ground level,]

(c)in the case of any development referred to in sub-paragraph (1)(d)—

(i)the height of the original building would be exceeded;

(ii)the cubic content of the original building would be exceeded by more than 25% (or 10% in the case of any building situated in a conservation area or a national scenic area);

(iii)the floor area of the original building would be exceeded by more than 1,000 square metres (or 500 square metres in the case of any building situated in a conservation area or a national scenic area);

(d)in the case of any development referred to in sub-paragraph (1)(e) the building would exceed 15 metres in height; or

(e)in the case of any development referred to in sub-paragraph (1)(f) it would consist of or include—

(i)the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected; or

(ii)the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.

(3) Development is permitted by this class subject to the following conditions:—

(a)in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the replacement of an existing electric line, any conditions contained in a planning permission relating to the height, design or position of the existing eletric line shall so far as possible apply to the replacement line;

(b)in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place or to such condition as may have been agreed in writing between the planning authority and the developer;

[F191(ba)in the case of any development referred to in paragraph (1)(ba)—

(i)the dimensions of the support for any electronic communications line are the same, or smaller than, the dimensions of the support being replaced,

(ii)the electronic communications line and any support for such line are in the same, or substantially the same, location as the those being replaced, and

(iii)no more electronic communications lines or supports for any such line are present than were present before the replacement,]

(c)in the case of any development referred to in sub-paragraph (1)(c) on the completion of that development or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

[F192(d)in the case of any development referred to in sub-paragraph (1)(e) [F193which would exceed 3 metres in height]—

(i)the statutory undertaker shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;

(ii)the application shall be accompanied by a written description of the proposed development and the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii)the development shall not be begun before the occurrence of one of the following:—

(aa)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv)the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa)where prior approval is required, in accordance with the details approved;

(bb)where prior approval is not required, in accordance with the details -submitted with the application;

(v)the development shall be carried out—

(aa)where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb)in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (d)(ii).]

F194(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purpose of this class—

  • “electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989(10);

  • “electrical plant” has the meaning assigned to that term by the said section 64(1); F195...

  • [F196“electricity undertaker” means the holder of a licence under section 6 of the Electricity Act 1989,]

  • “[F183electronic communications line]” means a wire or cable (including its casing or coating) which forms part of a [F183an electronic communications apparatus] within the meaning assigned to that term by [F197paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003].

Textual Amendments

Tramway or road transport undertakingsS

Class 41.—(1) Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

(a)the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a road for the purpose of supplying current to public service vehicles;

(b)the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;

(c)the installation of telephone cables and apparatus, huts, stop posts and signs required in connec tion with the operation of public service vehicles;

(d)the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;

(e)any other development on operational land of the undertaking.

(2) Development is not permitted by this class, if it would consist of—

(a)in the case of any development referred to in sub-paragraph (1)(a), the installation of a structure exceeding 17 cubic metres in capacity,

(b)in the case of any development referred to in sub-paragraph (1)(e)—

(i)the erection of a building or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii)the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater;

(iii)development, not wholly within an omnibus or tramway station, in pursuance of powers contained in transport legislation.

(3) For the purposes of this class—

“public service vehicle” means a public service vehicle or tramcar within the meaning of the Public Passenger Vehicles Act 1981(11) or a trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988(12).

Lighthouse undertakingsS

Class 42.—(1) Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894(13) and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the said Act of 1894.

(2) Development is not permitted by this class if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

[F198Universal Service Providers] S

Class 43.—(1) Development required for the purposes of [F199a universal service provider (within the meaning of [F200Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F201that Part])] consisting of—

(a)the installation of posting boxes, posting pouches or self-service machines;

(b)any other development carried out in, on, over or under the operational land of the undertaking.

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

(a)it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(b)it would consist of or include the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any existing plant or machinery, whichever is the greater; or

(c)it would consist of the installation of a posting pouch within a conservation area.

Textual Amendments

[F202Sewerage undertakingsS

Class 43A.—(1) Any development relating to sewerage by a sewerage authority or by a person authorised under section 3A of the Sewerage (Scotland) Act 1968 in relation to that development, being[F203–

(a)]development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe or sludge main or associated apparatus[F204; or

(b)development consisting of the erection, construction, maintenance, improvement or other alteration of–

(i)a control kiosk for a pump station or monitoring station, where the control kiosk does not exceed 6 cubic metres in volume, 2 metres in height, 3 metres in width or 1 metre in depth;

(ii)a sewer pipe which is supported on pillars or a truss above ground to maintain a gradient and which does not exceed 1 metre in height;

(iii)a raised manhole cover or sampling chamber which does not exceed 1 metre in height or 1 metre in width;

(iv)a vent pipe which does not exceed 3 metres in height; or

(v)a concrete head wall for sewer discharge pipes which does not exceed 1.5 metres in height, 1.5 metres in length or 0.5 metre in depth].

(2) Development is permitted by this class subject to the condition that not less than 28 days before the beginning of operations the sewerage authority or, as the case may be, the person authorised under section 3A of the Sewerage (Scotland) Act 1968 shall give notice in writing to the planning authority of its intention to carry out the development, identifying the land under [F205or on] which the development is to take place.]

Textual Amendments

PART 14SAVIATION DEVELOPMENT

Commencement Information

I13Sch. 1 Pt. 14 in force at 13.3.1992, see art. 1(4)

Development at an airportS

Class 44.—(1) The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport.

(2) Development is not permitted by this class if it would consist of or include—

(a)the construction or extension of a runway;

(b)the erection of a building other than an operational building;

(c)the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

(3) Development is permitted by this class subject to the condition that the relevant airport operator shall consult the planning authority before carrying out any development, unless that development falls within the description in sub-paragraph (4).

(4) Development falls within this sub-paragraph if—

(a)it is urgently required for the efficient running of the airport; and

(b)it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

Air navigation development at an airportS

Class 45.  The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with—

(a)the provision of air traffic control services;

(b)the navigation of aircraft using the airport; or

(c)the monitoring of the movement of aircraft using the airport.

Air navigation development near an airportS

Class 46.—(1) The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with—

(a)the provision of air traffic control services;

(b)the navigation of aircraft using the airport; or

(c)the monitoring of the movement of aircraft using the airport.

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

(a)any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft, or monitoring the movement of aircraft using the airport;

(b)any building erected would exceed a height of 4 metres; or

(c)it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Development by Civil Aviation Authority within an airportS

Class 47.  The carrying out by the Civil Aviation Authority or its agents, within the perimeter of an airport at which the Authority provides air traffic control services, of development in connection with—

(a)the provision of air traffic control services;

(b)the navigation of aircraft using the airport; or

(c)the monitoring of the movement of aircraft using the airport.

Development by Civil Aviation Authority for air traffic control and navigationS

Class 48.—(1) The carrying out on operational land of the Civil Aviation Authority by the Authority or its agents of development in connection with—

(a)the provision of air traffic control services;

(b)the navigation of aircraft; or

(c)monitoring the movement of aircraft.

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

(a)any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft or monitoring the movement of aircraft;

(b)any building erected would exceed a height of 4 metres; or

(c)it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Development by Civil Aviation Authority in emergencyS

Class 49.—(1) The use of land by or on behalf of the Civil Aviation Authority in an emergency to station moveable apparatus replacing unserviceable apparatus.

(2) Development is permitted by this class subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Development by Civil Aviation Authority for air traffic control etc.S

Class 50.—(1) The use of land by or on behalf of the Civil Aviation Authority to provide services and facilities in connection with—

(a)the provision of air traffic control services;

(b)the navigation of aircraft; or

(c)the monitoring of aircraft,

and the erection or placing of moveable structures on the land for the purpose of that use.

(2) Development is permitted by this class subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Development by Civil Aviation Authority for surveys etc.S

Class 51.—(1) The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

(2) Development is permitted by this class subject to the condition that on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Use of airport buildings managed by relevant airport operatorsS

[F206Class 52.  The use by a relevant airport operator of buildings within the perimeter of a relevant airport for purposes connected with air transport services or other flying activities at that airport.]

Textual Amendments

Interpretation of Part 14S

For the purpose of Part 14—

“operational building” means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;

“relevant airport” means an airport to which Part V of the Airports Act 1986(14) applies;

“relevant airport operator” means a relevant airport operator within the meaning of section 57 of the Airports Act 1986.

PART 15SMINERAL EXPLORATION

Commencement Information

I14Sch. 1 Pt. 15 in force at 13.3.1992, see art. 1(4)

Class 53.—(1) Development on any land during a period not exceeding 28 consecutive days consisting of—

(a)the drilling of boreholes;

(b)the carrying out of seismic surveys; or

(c)the making of other excavations,

for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.

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

[F207(za)it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;]

(a)it consists of the drilling of boreholes for petroleum exploration;

(b)any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

(c)any operation would be carried out within a national scenic area or a site of archaeological or special scientific interest;

(d)any explosive charge of more than 1 kilogram would be used;

(e)any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area;

(f)in the case described in sub-paragraph (1)(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or

(g)any structure assembled or provided would exceed 12 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.

(3) Development is permitted by this class subject to the following conditions:—

(a)no operations shall be carried out between 6pm and 7am;

(b)no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;

(c)before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d)within a period of 28 days from the cessation of operations unless the planning authority have, in a particular case, agreed otherwise in writing—

(i)any structure permitted by this class and any waste material arising from development permitted by this class shall be removed from the land;

(ii)any borehole shall be adequately sealed;

(iii)any other excavation shall be filled with material from the site;

(iv)the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and

(v)the land shall, so far as is practicable, be restored to the condition it was in before the development took place, including the carrying out of any necessary seeding and replanting.

Textual Amendments

Class 54.—(1) Development on any land F208... consisting of—

(a)the drilling of boreholes;

(b)the carrying out of seismic surveys; or

(c)the making of other excavations,

for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.

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

[F209(za)it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;]

(a)it consists of the drilling of boreholes for petroleum exploration;

(b)the developer has not previously notified the planning authority in writing of his intention to carry out the development specifying the nature and location of the development;

(c)the relevant period has not elapsed;

(d)any explosive charge of more than 2 kilograms would be used;

(e)any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area; or

(f)any structure assembled or provided would exceed 12 metres in height.

(3) Development is permitted by this class subject to the following conditions:—

(a)the development shall be carried out in accordance with the details in the notification referred to in sub-paragraph (2)(b), unless the planning authority have otherwise agreed in writing;

(b)no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;

(c)before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d)within a period of 28 days from the date of the operations ceasing, unless the planning authority have, in a particular case, agreed otherwise in writing—

(i)any structure permitted by this class and any waste material arising from development so permitted shall be removed from the land;

(ii)any borehole shall be adequately sealed;

(iii)any other excavation shall be filled with material from the site;

(iv)the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and

(v)the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting;

[F210(e)the development shall cease no later than a date 6 months after the relevant period has elapsed, unless the planning authority have otherwise agreed in writing.]

Textual Amendments

Interpretation of Part 15S

For the purposes of Part 15—

“mineral exploration” means the carrying out of operations for the purpose of ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral;

[F211“petroleum” has the same meaning as given in section 1 of the Petroleum Act 1998;]

“relevant period” means—

(a)

in a case where a direction has not been issued under article 7, the period which ends 21 days after the notification referred to in paragraph 54(2)(b) or on the date on which the planning authority notify the developer in writing that they will not issue such a direction whichever is the earlier; or

(b)

in a case where a direction is issued under article 7 the period which ends 28 days from the date on which notice of that direction is sent to the Secretary of State or on the date on which the planning authority notify the developer in writing that the Secretary of State has disallowed the direction whichever is the earlier;

“structure” includes a building, plant or machinery.

Textual Amendments

PART 16SDEVELOPMENT ANCILLARY TO MINING OPERATIONS

Commencement Information

I15Sch. 1 Pt. 16 in force at 13.3.1992, see art. 1(4)

Class 55.—(1) The carrying out of operations for the erection, extension, installation, rearrangement, replacement, repair or other alteration of any—

(a)plant or machinery;

(b)buildings;

(c)private ways or private railways or sidings; or

(d)sewers, mains, pipes, cables or other similar apparatus,

on land used as a mine.

(2) Development is not permitted by this class—

(a)in relation to land at an underground mine—

(i)otherwise than on an approved site; or

(ii)from a date 6 months after the coming into force of this Order, on land falling within subparagraph (b) of the definition of “approved site” unless a plan of that land has before that date been deposited with the planning authority;

(b)if the principal purpose of the development would be any purpose other than—

(i)purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or

(ii)the treatment, storage or removal from the mine of such minerals or waste materials derived from them;

(c)if the external appearance of the mine would be materially affected;

(d)if any building, plant or machinery which is not in an excavation would exceed the height of—

(i)15 metres above ground level; or

(ii)the building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greater;

(e)if any building, plant or machinery in an excavation would exceed the height of—

(i)15 metres above the excavated ground level; or

(ii)15 metres above the lowest point of the unexcavated ground immediately adjacent to the excavation; or

(iii)the building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greatest;

(f)if any building erected (other than a replacement building) would have a floor area exceeding 1,000 square metres; or

(g)if the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor area would exceed by more than 1,000 square metres the floor area of that building.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a)all buildings, plant or machinery permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b)the land shall be restored, so far as is practicable, to its condition before the development took place, or restored to such condition as may have been agreed in writing between the planning authority and the developer.

Class 56.—(1) The carrying out, on land used as a mine or on acillary mining land, with the prior approval of the planning authority, of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any—

(a)plant or machinery;

(b)buildings; or

(c)structures or erections.

(2) Development is not permitted by this class—

(a)in relation to land at an underground mine—

(i)otherwise than on an approved site; or

(ii)from a date 6 months after the coming into force of this Order, on land falling within paragraph (b) of the definition of “approved site”, unless a plan of that land has, before that date, been deposited with the planning authority; or

(b)if the principal purpose of the development would be any purpose other than—

(i)purposes in connection with the operation of the mine;

(ii)the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine; or

(iii)the storage or removal from the mine of such minerals, their products or waste materials derived from them.

(3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a)the proposed development would injure the amenity of the neighbourhood and modifications can reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b)the proposed development ought to be, and could reasonably be, sited elsewhere.

(4) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a)all buildings, plant, machinery, structures or erections permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b)the land shall be restored, so far as is practicable, to its condition before the development took place or restored to such condition as may have been agreed in writing between the planning authority and the developer.

Class 57.—(1) The carrying out with the prior approval of the planning authority of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

(2) Development is not permitted by this class if it is carried out by the [F212Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994].

(3) The prior approval of the planning authority to development permitted by this class is not required if—

(a)the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b)no building, plant, machinery, structure or erection—

(i)would exceed a height of 15 metres above ground level; or

(ii)where a building, plant or machinery is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

(c)the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (5) below.

(4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a)the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b)the proposed development ought to be, and could reasonably be, sited elsewhere.

(5) The limits referred to in sub-paragraph (3)(c) are—

(a)that the cubic content of the building as extended, altered and replaced does not exceed that of the existing building by more than 25%; and

(b)that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Textual Amendments

Interpretation of Part 16S

For the purposes of Part 16—

“active access” means a surface access to underground workings which is in normal and regular use for the transportation of minerals, materials, spoil or men;

“ancillary mining land” means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

“approved site” is an area of land—

(a)

identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted, as land which may be used for development described in this class; or

(b)

in any other case, it is land immediately adjoining an active access to an underground mine which, on the date of coming into force of this Order, was in use for the purposes of that mine, in connection with the purposes described in sub-paragraph (2)(b)(i) or (ii) of Class 55 or sub-paragraph (2)(b)(i) to (iii) of Class 56;

“normal and regular use” means, for the purpose of the definition of “active access” use other than use in the course of intermittent visits carried out for the purpose of inspection and maintenance of the fabric of the mine or of any plant or machinery;

“prior approval of the planning authority” means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery as erected, installed, extended or altered;

“underground mine” is a mine at which minerals are worked principally by underground methods.

PART 17S[F213COAL MINING DEVELOPMENT BY THE COAL AUTHORITY AND ITS LICENSEES]

Textual Amendments

Commencement Information

I16Sch. 1 Pt. 17 in force at 13.3.1992, see art. 1(4)

[F214Class 58.—(1) Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of–

(a)the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b)the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

(2) Development is permitted by this class subject, except where sub-paragraph (3) applies, to the conditions that–

(a)except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the planning authority may agree in writing, apply to the planning authority for approval of a restoration scheme;

(b)where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;

(c)if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to the conditions that–

(i)reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later, and

(ii)aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later;

(d)where there is no approved restoration scheme–

(i)all buildings, plant, machinery, structures or erections used at any time for in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the planning authority have otherwise agreed in writing, and

(ii)that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the planning authority and the developer,

before the end of the period specified in sub-paragraph (2)(e);

(e)the period referred to in sub-paragraph (2)(d) is–

(i)the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (2)(a) before that date, 24 months from the date when that application has been finally determined, whichever is later, or

(ii)any longer period which the planning authority have agreed in writing;

(f)for the purposes of sub-paragraph (2), an application for approval of a restoration scheme has been finally determined when the following conditions have been met:–

(i)any proceedings on the application, including any proceedings on or in consequence of an application under section 233 of the Act, have been determined, and

(ii)any time for appealing under section 33, or applying or further applying under section 233, of that Act (where there is a right to do so) has expired.

(3) Sub-paragraph (2) shall not apply to land in respect of which there is an extant planning permission which–

(a)has been granted on an application under Part III of the Act, and

(b)has been implemented.

(4) For the purposes of this class–

“a licensee of the Coal Authority” means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies;

“approved restoration scheme” means a restoration scheme which is approved when an application made under sub-paragraph (2)( a) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the planning authority (with or without conditions);

“coal-related minerals” means minerals other than coal which are, or may be, won and worked by coal-mining operations;

“designated seam area” means land identified, in accordance with paragraph (a) of the definition of “seam plan”, in a seam plan which was deposited with the planning authority before 1st September 1994;

“previous coal-mining operations” has the same meaning as in section 54(3) of the Coal Industry Act 1994 and references in this class to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

“restoration scheme” means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine;

“seam plan” means a plan or plans on a scale of not less than 1 to 25,000 showing–

(a)

land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at a mine at 29th June 1994, without further development on an authorised site other than development permitted by Class 59 of Schedule 1 to this Order;

(b)

any active access used in connection with the land referred to in paragraph (a) of this definition;

(c)

the National Grid lines and reference numbers shown on Ordnance Survey maps;

(d)

a typical stratigraphic column showing the approximate depths of the coal seams referred to in paragraph (a) of this definition.]

Textual Amendments

Class 59.—(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by [F215a licensed operator], in connection with [F216coal-mining operations].

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

(a)the external appearance of the mine would be materially affected;

(b)any building, plant or machinery, structure or erection or any deposit of minerals or waste—

(i)would exceed a height of 15 metres above ground level; or

(ii)where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater;

(c)any building erected (other than a replacement building) would have a floor area exceeding 1,000 square metres;

(d)the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor area would exceed by more than 1,000 square metres, the floor area of that building;

(e)it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(f)from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not, before that date, been deposited with the planning authority.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a)all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b)the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer.

Textual Amendments

Class 60.—(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by [F217a licensed operator] in connection with [F218coal-mining operations] and with the prior approval of the planning authority.

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

(a)it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(b)from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not before that date, been deposited with the planning authority.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a)all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land, unless the planning authority have otherwise agreed in writing; and

(b)the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer.

(4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a)the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b)the proposed development ought to be, and could reasonably be, sited elsewhere.

Textual Amendments

F219Class 61.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Class 62.—(1) The carrying out by the [F220Coal Authority or a licensed operator], with the prior approval of the planning authority, of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

(2) The prior approval of the planning authority to development permitted by this class is not required if—

(a)the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b)no building, plant or machinery, structure or erection—

(i)would exceed a height of 15 metres above ground level; or

(ii)where any building, plant or machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

(c)the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (4).

(3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a)the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b)the proposed development ought to be, and could reasonably be, sited elsewhere.

(4) The limits referred to in sub-paragraph (2)(c) are—

(i)that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%; and

(ii)that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Textual Amendments

Interpretation of Part 17S

For the purposes of Part 17—

“active access” means a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or men;

“authorised site” is land which—

(a)
(i)

is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted as land which may be used for development described in this class; or

(ii)

in any other case, is land immediately adjoining an active access which, on the date of coming into force of this Order, was in use for the purpose of that mine in connection with [F221coal-mining operations];

(b)

for the purpose of the definition of “authorised site” land is not to be regarded as in use in connection with [F221coal-mining operations] if—

(c)

it is used for the permanent deposit of waste derived from the winning and working of minerals; or

(d)

there is on, over and under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipeline which is not itself surrounded by other land used for those purposes;

[F222“coal-mining operations” has the same meaning as in section 65(1) of the Coal Industry Act 1994 and references to any development or use in connection with coal-mining operations shall include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;]

[F223“licensed operator” has the same meaning as in section 65 of the Coal Industry Act 1994;]

“normal and regular use” means, for the purpose of the definition of “active access”, use other than use in the course of intermittent visits carried out for the purpose of inspection and maintenance of the fabric of the mine or any plant or machinery;

“prior approval of the planning authority” means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery or structure or erection as erected, installed, extended or altered.

Textual Amendments

F224PART 18SWASTE TIPPING AT A MINE

Textual Amendments

F224Class 63.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224Class 64.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224Interpretation of Part 18S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 19SREMOVAL OF MATERIAL FROM MINERAL WORKING DEPOSITS

Commencement Information

I17Sch. 1 Pt. 19 in force at 13.3.1992, see art. 1(4)

Class 65.  The removal of material of any description from a stockpile.

Class 66.—(1) The removal of material of any description from a mineral working deposit other than a stockpile.

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

(a)the developer has not previously notified the planning authority in writing of his intention to carry out development together with the appropriate details;

(b)the deposit covers a ground area exceeding 2 hectares, unless the deposit contains any mineral or other material deposited on the land at a date 5 years or less before the date on which it would be removed; or

(c)the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or corresponding provisions contained in a previous development order.

(3) Development is permitted by this class subject to the following conditions:—

(a)it shall be carried out in accordance with the details given in the notice sent to the planning authority referred to in sub-paragraph (2)(a) above, unless that authority have agreed otherwise in writing;

(b)if the planning authority so require, the developer shall within a period of 3 months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

(c)where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

(d)development shall not be commenced until the relevant period has elapsed.

Interpretation of Part 19S

For the purposes of Part 19—

“appropriate details” means details of the nature of the development, the exact location of the mineral working deposit from which the material would be removed, the proposed means of vehicular access to the site at which the development is to be carried out, and the earliest date at which any mineral presently contained in the deposit was deposited on the land;

“mineral working deposit” has the meaning assigned to it by section 251(1A) of the Act(15);

“relevant period” means—

(a)

in a case where a direction has not been issued under article 7, the period which ends 21 days after the notification referred to in paragraph 66(2)(a) or on the date on which the planning authority notify the developer in writing that they will not issue such a direction whichever is the earlier, or

(b)

in a case where a direction is issued under article 7 the period which ends 28 days from the date on which notice of that direction is sent to the Secretary of State or on the date on which the planning authority notify the developer in writing that the Secretary of State has disallowed the direction whichever is the earlier;

“stockpile” means a mineral-working deposit consisting primarily of minerals which have been deposited for the purposes of their processing or sale.

[F225PART 20SDEVELOPMENT BY ELECTRONIC COMMUNICATIONS CODE OPERATORS

Textual Amendments

Class 67.—(1) Development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by the operator or in accordance with the electronic communications code, consisting of—

(a)the construction, installation, alteration or replacement of any apparatus;

(b)the use of land in an emergency for a period not exceeding 18 months to station and operate moveable apparatus required for the replacement of unserviceable apparatus, including the provision of moveable structures on land for the purposes of that use; or

(c)development involving the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the construction, installation, alteration, replacement or use of equipment housing.

Development not permitted: national scenic areas etc.

(2) Development is not permitted by sub-paragraph (1)(a) or (c) if it would be located in a national scenic area, National Park, conservation area, historic garden or designed landscape, site of special scientific interest, historic battlefield, European Site or World Heritage Site, or within the setting of a category A listed building or a scheduled monument, unless the development—

(a)would not be located in a conservation area and would consist of the installation, alteration or replacement of a small cell system [F226or a Regulation 2020/1070 small cell system] on a building or other structure;

(b)[F227would be located in a conservation area and—

(i)would be on a building or other structure (other than a dwellinghouse or a building within the curtilage of a dwellinghouse) and would consist of—

(aa)the installation of a small cell system or a Regulation 2020/1070 small cell system and would result in there being no more than two small cell systems or Regulation 2020/1070 small cell systems on the building or other structure,

(bb)the replacement or alteration of a small cell system or a Regulation 2020/1070 small cell system and would result in there being no more than two small cell systems or Regulation 2020/1070 small cell systems on the building or other structure or, if greater, the number of small cell systems or Regulation 2020/1070 small cell systems present on the building or other structure before alteration or replacement of the small cell system or a Regulation 2020/1070 small cell system, or

(ii)would be on a dwellinghouse or within the curtilage of a dwellinghouse and would consist of—

(aa)the installation of a small cell system or a Regulation 2020/1070 small cell system and the number of small cell systems or Regulation 2020/1070 small cell systems on the dwellinghouse and within its curtilage when added together would not exceed two,

(bb)the replacement or alteration of a small cell system or a Regulation 2020/1070 small cell system and the number of small cell systems or Regulation 2020/1070 small cell systems on the dwellinghouse and within its curtilage when added together would not exceed two or, if greater, the number of small cell systems or Regulation 2020/1070 small cell systems present before alteration or replacement of the small cell system or Regulation 2020/1070 small cell system,]

(c)would consist of the installation, alteration or replacement of a [F228small cell system or a Regulation 2020/1070 small cell system] on a dwellinghouse or within the curtilage of a dwellinghouse and—

(i)the highest part of the antenna would not be higher than the highest part of the roof of any dwellinghouse on which it would be installed;

(ii)if located in a conservation area would be on a part of the dwellinghouse, or within a part of the curtilage of a dwellinghouse, which does not front a road;

(d)is carried out in an emergency;

(e)would consist of the installation, alteration or replacement of telegraph poles or the installation of overhead lines on telegraph poles, or would be ancillary to such development;

(f)would consist of the installation, replacement or alteration of a link antenna and the height of the structure to which the satellite antenna would be attached would not exceed 4 metres;

(g)would be development permitted by virtue of sub-paragraph (4) or would be ancillary to such development;

[F229(ga)would consist of the construction, installation, alteration or replacement of ground based equipment housing which would not exceed 2.5 cubic metres in volume,

(gb)would consist of the construction, installation, alteration or replacement on a building of equipment housing which would not exceed 2.5 cubic metres in volume,

(gc)would be permitted by virtue of sub-paragraph (10) or would be ancillary to such development,

(gd)would be development permitted by virtue of sub-paragraph (11) or (12) or would be ancillary to such development,

(ge)would consist of the construction or installation of apparatus under land and would not be located in a historic battlefield or World Heritage Site,]

(h)would be development other than development permitted by heads (a) to (g) and it would consist of the alteration or replacement of apparatus and—

(i)the dimensions of the apparatus would be the same, or smaller than, the dimensions of the apparatus being altered or replaced;

(ii)the apparatus would be in the same, or substantially the same, location as the apparatus being altered or replaced; and

(iii)no more items of apparatus would be present than were present before alteration or replacement.

Development not permitted: ground based apparatus

(3) (a) Development is not permitted by sub-paragraph (1)(a) if it would consist of the construction or installation of a ground based mast of a height, calculated in accordance with head (b), which would exceed [F23030] metres.

(b)The height of the mast is to be calculated by—

(i)adding together the height of—

(aa)the mast;

(bb)any apparatus attached to the mast; and

(cc)any plinth or other structure required for the purpose of supporting the mast; and

(ii)deducting from that sum the height of any antenna attached to the mast to the extent that it protrudes above the highest part of the mast.

(4) (a) [F231Development is not permitted by sub-paragraph (1)(a) if it would consist of the alteration or replacement of a ground based mast—

(i)not exceeding 30 metres in height where the height of the mast as altered or replaced would exceed a figure by adding 50% to the height of the original mast,

(ii)exceeding 30 metres in height where the height of the mast as altered or replaced would exceed 50 metres,

(iii)exceeding 50 metres in height where the height of the mast as altered or replaced would exceed a figure calculated by adding 20% to the height of the original mast,

(iv)in the case of an increase in the width of a mast, the increase would exceed 2 metres or, if greater, one half of the width of the original mast,

(v)in the case of the replacement of a mast, the replacement mast would be situated more than 6 metres from the location of the original mast.]

(b)For the purposes of this sub-paragraph—

(i)the height of a ground based mast is to be calculated by adding together the height of–

(aa)the mast;

(bb)any apparatus attached to the mast (other than an antenna); and

(cc)any plinth or other structure required for the purpose of supporting the mast;

(ii)the width of a ground based mast is to be calculated by adding together the width of—

(aa)the mast; and

(bb)any apparatus attached to the mast (other than an antenna),

and the measurements are to be taken at the highest or, as the case may be, widest point of the mast or apparatus.

(5) Development is not permitted by sub-paragraph (1)(a) if it would consist of the construction or installation of ground based equipment housing and would exceed 3 metres in height or 90 cubic metres in volume.

(6) Development is not permitted by sub-paragraph (1)(a) if it would consist of the alteration or replacement of ground based equipment housing which would result in the equipment housing exceeding—

(a)3 metres in height or, if greater, the height of the equipment housing before alteration or replacement; or

(b)90 cubic metres in volume or, if greater, the volume of the equipment housing before alteration or replacement.

(7) (a) Development is not permitted by sub-paragraph (1)(a) if it would consist of—

(i)the construction, installation, alteration or replacement of ground based apparatus where the ground or base area of the development would exceed 1.5 square metres or, in the case of alteration or replacement of apparatus and if greater, the ground or base area of the apparatus before alteration or replacement, unless it would be—

(aa)a public call box;

(bb)apparatus which does not project above the surface of the ground;

(cc)equipment housing; or

(dd)an antenna;

(ii)the construction or installation of ground based apparatus and the apparatus would exceed a height of 15 metres;

(iii)the alteration or replacement of ground based apparatus and would result in the apparatus exceeding the height of the apparatus before alteration or replacement or, if greater, a height of 15 metres.

(b)In this sub-paragraph “ground based apparatus” does not include a ground based mast and in heads (ii) and (iii) does not include equipment housing.

Development not permitted: building based apparatus

(8) Development is not permitted by sub-paragraph (1)(a) if it would consist of the construction or installation on a building of equipment housing and the equipment housing would exceed 3 metres in height or 30 cubic metres in volume.

(9) Development is not permitted by sub-paragraph (1)(a) if it would consist of the alteration or replacement of equipment housing on a building and the equipment housing would exceed—

(a)3 metres in height or, if greater, the height of the equipment housing before alteration or replacement; or

(b)30 cubic metres in volume or, if greater, the volume of the equipment housing before alteration or replacement.

(10) Development is not permitted by sub-paragraph (1)(a) if it would consist of the construction, installation, alteration or replacement of apparatus on a building (other than a ground based mast) and—

(a)the height of the apparatus would exceed—

(i)10 metres; or

(ii)in the case of alteration or replacement, the height of the apparatus before alteration or replacement, if greater;

(b)the apparatus would protrude above the highest part of the building by—

(i)8 metres in the case of a building which is 15 metres or more in height;

(ii)6 metres in the case of a building which is below 15 metres in height; or

(iii)in the case of alteration or replacement, the distance by which the apparatus would protrude above the highest part of the building before alteration or replacement, if greater than the height calculated under head (i) or (ii), as the case may be.

(11) Development is not permitted by sub-paragraph (1)(a) if it would consist of the installation, alteration or replacement of an antenna (other than a small cell system or [F232Regulation 2020/1070 small cell system]) on a building (other than a ground based mast), and the whole of the antenna would be located below a height of 15 metres above ground level and—

(a)in the case of—

(i)installation of a dish antenna, the size of the dish would exceed [F2331.3] metres, or the aggregate size of all dish antennas on the building would exceed [F23410] metres, when measured in any dimension;

(ii)alteration or replacement of a dish antenna—

(aa)the size of the dish as altered or replaced would exceed [F2351.3] metres or the aggregate size of all dishes on the building would exceed [F23610] metres when measured in any dimension; or

(bb)the size of the dish as altered or replaced would when measured in any dimension exceed the size of the dish, or the aggregate size of all the dishes on the building, before alteration or replacement if greater than [F2371.3] metres or [F23810] metres as the case may be;

(b)in the case of—

(i)installation of an antenna other than a dish antenna there would be more than [F2395] antenna systems on the building;

(ii)alteration or replacement of an antenna other than a dish antenna, there would be more than the number of antenna systems on the building before alteration or replacement if greater than [F2405].

(12) Development is not permitted by sub-paragraph (1)(a) if it would consist of the construction, installation, alteration or replacement of an antenna (other than a small cell system or [F241Regulation 2020/1070 small cell system]) on a building (other than a ground based mast), and the whole of the antenna would be located above a height of 15 metres above ground level and—

(a)in the case of—

(i)installation of a dish antenna the size of the dish would exceed 1.3 metres or the aggregate size of all dish antennas on the building would exceed 10 metres when measured in any dimension;

(ii)alteration or replacement of a dish antenna—

(aa)the size of the dish as altered or replaced would exceed 1.3 metres or the aggregate size of all dishes on the building would exceed 10 metres when measured in any dimension; or

(bb)the size of the dish as altered or replaced would when measured in any dimension exceed the size of the dish, or the aggregate size of all the dishes on the building, before alteration or replacement if greater than 1.3 metres or 10 metres as the case may be;

(b)in the case of—

(i)installation of an antenna other than a dish antenna there would be more than 5 antenna systems on the building;

(ii)alteration or replacement of an antenna other than a dish antenna there would be more than the number of antenna systems on the building before alteration or replacement if greater than 5.

[F242Development not permitted: small cell systems on dwellinghouses

(13) Development is not permitted by sub-paragraph (1)(a) if it would consist of the construction, installation, alteration or replacement of apparatus on a dwellinghouse or within the curtilage of a dwellinghouse unless the apparatus would be a small cell system and—

(a)the number of small cell systems on the dwellinghouse or within the curtilage of the dwellinghouse would not, when added together, exceed 4, and

(b)the highest part of the small cell system would not be higher than the highest part of the roof of the dwellinghouse on which it would be located.]

Development not permitted: access tracks

(14) Development is not permitted by sub-paragraph (1)(c) if it would consist of the construction of an access track of more than 50 metres in length.

Conditions

(15) (a) Development under sub-paragraph (1)(a) consisting of—

(i)the construction or installation of one or more antennas or of equipment housing; or

(ii)the alteration or replacement of a ground based mast,

is permitted subject to the condition that the developer must give written notice to the planning authority of the intention to carry out the development at least 28 days before development is to commence, but this condition does not apply to development to which the conditions in sub-paragraphs (17) [F243, (23) or (23B)] apply.

(b)The notice to be given under head (a) must include—

(i)a detailed description of the development;

(ii)a plan showing the location of the development; and

(iii)in the case of development consisting of the installation of one or more antennas, an ICNIRP declaration.

(16) (a) Development under sub-paragraph (1)(a) or (c) consisting of the alteration of a ground based mast which would result in an increase in the height of the mast, or consisting of the replacement of a ground based mast, on land within a safeguarding area identified on a safeguarding map relating to an aerodrome, technical site, meteorological technical site or military explosives storage area is permitted subject to the condition that the developer must give written notice—

(i)in relation to a safeguarding map issued by the Civil Aviation Authority, to the owner or operator of the aerodrome or technical site identified on the safeguarding map;

(ii)in relation to a safeguarding map issued by the Secretary of State for Defence, to the Secretary of State for Defence; and

(ii)in relation to a safeguarding map issued by the Met Office, to the Met Office.

(b)The notice to be given under head (a) must—

(i)include—

(aa)the information referred to in sub-paragraph 22(c)(i) to (iv) and a grid reference (to at least 6 figures each of Eastings and Northings) and the elevation height of the site (to an accuracy of 0.25 metres above Ordnance Datum); and

(bb)where development is carried out in an emergency, the date development commenced or is to commence;

(ii)be given—

(aa)at least 28 days before development is to commence; or

(bb)where development is carried out in an emergency, as soon as possible after the emergency arises.

(17) Development under sub-paragraph (1)(a) or (c) which is carried out in an emergency, or development under sub-paragraph (1)(b), is permitted subject to the condition that the developer must, as soon as possible after the emergency arises, give written notice to the planning authority containing the information, plan and declaration referred to in sub-paragraph (15)(b) and the date when development commenced or is to commence.

(18) Development under sub-paragraph (1)(a) or (c) is permitted subject to the condition that if the development is on a building (other than a ground based mast) it must, so far as is practicable, be sited so as to minimise the effect of the development on the external appearance of the building.

(19) Development under sub-paragraph (1)(a) or (c) consisting of the alteration or replacement of a ground based mast (including the installation of apparatus on the mast), is permitted subject to the condition that the visual and environmental impact of the development must be minimised, so far as is practicable.

(20) Development under sub-paragraph (1)(a) or (c) is permitted subject to the following conditions:—

(a)it must be removed from the land on which it is situated—

(i)if it was carried out in an emergency, 18 months from development commencing or, if earlier, when the need for that development ceases; or

(ii)in any other case, as soon as it is no longer needed for electronic communication purposes; and

(b)the land must be restored to its condition before the development took place, or to any other condition as may be agreed in writing with the planning authority.

(21) Development under sub-paragraph (1)(b) is permitted subject to the condition that when the period of 18 months referred to in sub-paragraph (1)(b) expires or, if earlier, when the need for the development ends, it must be removed from the land and the land must be restored to its condition before the development took place, or to any other condition as may be agreed in writing with the planning authority.

(22) (a) Development under sub-paragraph (1)(a) or (c) which is described in sub-paragraph (23) is permitted subject to the conditions in this sub-paragraph.

(b)The developer must before submitting an application under sub-paragraph (23)(b) give written notice of the proposed development containing the information referred to in head (c) to—

(i)any person (other than the developer) who is an owner of the land on which the development would be located; and

(ii)any agricultural tenant of the land on which the development would be located.

(c)The notice must contain—

(i)the date on which the notice is sent;

(ii)the name and address of the developer and, where an agent is acting on behalf of the developer, the name and address of that agent;

(iii)the postal address of the land to which the development relates or, if the land has no postal address, a description of the location of the land;

(iv)a description of the development to which the notice relates, including its siting, appearance and dimensions (including the height of any mast and the height of any apparatus attached to the mast to the extent that it would protrude above the highest part of the mast);

(v)a statement that the developer is to apply to the planning authority in whose area the land to which the development relates would be located for a determination as to whether the prior approval of the authority will be required as to the siting and appearance of the development;

(vi)the name and address of the planning authority to which the application referred to in head (v) is to be made;

(vii)a statement that the application will be available for public inspection at the offices of the planning authority;

(viii)a statement that written representations may be made to the planning authority with regard to the siting and appearance of the development; and

(ix)information as to how representations may be made and the period within which they may be made, being a period of 21 days beginning on the day after the day on which the notice is sent.

(d)Where the development would be on land within a safeguarding area identified on a safeguarding map relating to an aerodrome, technical site, meteorological technical site or military explosives storage area the developer must before submitting an application under sub-paragraph (23)(b) give written notice of the proposed development containing the information referred to in head (c), a grid reference (to at least 6 figures each of Eastings and Northings) and the elevation height of the site (to an accuracy of 0.25 metres above Ordnance Datum)—

(aa)in relation to a safeguarding map issued by the Civil Aviation Authority, to the owner or operator of the aerodrome or technical site identified on the safeguarding map;

(bb)in relation to a safeguarding map issued by the Secretary of State for Defence, to the Secretary of State for Defence; and

(cc)in relation to a safeguarding map issued by the Met Office, to the Met Office.

(23) (a) Development under sub-paragraph (1)(a) or (c) which would—

(i)consist of the construction or installation of a ground based mast; or

(ii)be associated with the construction or installation of that mast and would—

(aa)consist of the construction or installation of apparatus; or

(bb)be development ancillary to the construction, installation or use of equipment housing,

is permitted subject to the conditions in this sub-paragraph, but the conditions do not apply to development carried out in an emergency or development consisting of the installation of a link antenna if the height of the structure on which the satellite antenna would be installed would not exceed 4 metres.

(b)Before commencing development the developer must submit an application, which complies with head (c), to the planning authority in whose area the land to which the development relates would be located for a determination as to whether the prior approval of the planning authority is required in respect of the siting and appearance of the development.

(c)The application must—

(i)contain—

(aa)the name and address of the developer and, where an agent is acting on behalf of the developer, the name and address of that agent;

(bb)a description of the development to which the application relates, including its siting, appearance and dimensions (including the height of any mast and the height of any apparatus attached to the mast to the extent that it would protrude above the highest part of the mast); and

(cc)the postal address of the land to which the development relates or, if the the land has no postal address, a description of the location of the land; and

(ii)be accompanied by—

(aa)a plan sufficient to identify the land on which the development would be located and showing the situation of that land in relation to neighbouring land;

(bb)other plans and drawings which are necessary to describe the development to which the application relates, showing in particular the dimensions, appearance and position of development on the site;

(cc)where the application relates to an antenna, an ICNIRP declaration;

(dd)any fee required to be paid; and

(ee)evidence of compliance with sub-paragraph (22)(b) and (d) where relevant.

(d)The development described in the application made under head (b) may not commence before the occurrence of one of the following events:—

(i)the receipt by the developer of written notice from the planning authority indicating that prior approval is not required;

(ii)where the planning authority gives the developer written notice that prior approval is required—

(aa)the giving of that approval in writing within a period of 56 days beginning with the date of receipt of the application or such longer period as is agreed in writing with the planning authority;

(bb)the expiry of a period of 56 days beginning with the date on which the planning authority receives the application, or such longer period as is agreed with the planning authority, without the planning authority notifying the developer in writing that approval is given or refused; or

(iii)the expiry of the period of 56 days beginning with the date on which the planning authority receives the application, or such longer period as is agreed in writing with the planning authority, without the planning authority notifying the developer in writing of their determination as to whether prior approval is required.

(e)Where the Cairngorm National Park Authority issues a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 in respect of an application made under head (b) the period of 56 days, or such longer period as is agreed in writing with the Authority, begins with the date the direction was issued.

(f)Development which is the subject of an application under head (b) must, unless the planning authority otherwise agree in writing, be carried out—

(i)to the extent to which prior approval is granted, in accordance with the approved details; and

(ii)in any other case, in accordance with the details submitted with the application.

(g)Development which is the subject of an application under head (b) is to commence—

(i)where approval is granted, within a period of 3 years beginning on the date on which the planning authority approves the details; and

(ii)in any other case, within a period of 3 years beginning with the date on which the planning authority receives the application.

[F244(23A) Before beginning development to which this sub-paragraph applies the developer must apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting and visual impacts of the proposed development,

(a)this sub-paragraph applies to development described in sub-paragraph (1)(a) or (c) which is permitted by virtue of sub-paragraph (2)(gc) and which would be located in—

(i)a conservation area,

(ii)a historic garden or designed landscape,

(iii)within the setting of a category A listed building or a schedule monument,

(b)the application is to be accompanied by—

(i)a written description of the proposed development,

(ii)details of the design and the materials to be used,

(iii)a plan indicating the location,

(iv)the dimensions of the proposed development,

(v)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required,

(ii)where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,

(iii)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)where prior approval is required, in accordance with the details approved, or

(ii)where prior approval is not required, in accordance with the details submitted with the application,

(e)the development is to be carried out—

(i)where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given,

(ii)in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in head (b).

(23B) Before beginning development to which this sub-paragraph applies the developer must apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and appearance of the proposed development,

(a)this sub-paragraph applies to development described in sub-paragraph (1)(a) or (c) which is permitted by virtue of sub-paragraph (2)(gd) and which would be located in—

(i)a conservation area,

(ii)a historic garden or designed landscape,

(iii)the setting of a category A listed building or a schedule monument,

(iv)a historic battlefield,

(v)a World Heritage Site,

(b)the application is to be accompanied by—

(i)a written description of the proposed development,

(ii)details of the design and the materials to be used,

(iii)a plan indicating the location,

(iv)the dimensions of the proposed development,

(v)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required,

(ii)where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,

(iii)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)where prior approval is required, in accordance with the details approved, or

(ii)where prior approval is not required, in accordance with the details submitted with the application,

(e)the development is to be carried out—

(i)where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given,

(ii)in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in head (b).

(23C) Before beginning development to which this sub-paragraph applies the developer must apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the impact of the proposed development on an area listed in head (a),

(a)this sub-paragraph applies to development described in sub-paragraph (1)(a) or (c) which is permitted by virtue of sub-paragraph (2)(ge) and which would be located in—

(i)a conservation area,

(ii)a historic garden or designed landscape,

(iii)the curtilage of a category A listed building,

(iv)a site of archaeological interest,

(b)the application is to be accompanied by—

(i)a written description of the proposed development,

(ii)details of the design and the materials to be used,

(iii)a plan indicating the location,

(iv)the dimensions of the proposed development,

(v)any fee required to be paid,

(c)the development is not to be commenced before the occurrence of one of the following—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required,

(ii)where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,

(iii)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination,

(d)the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)where prior approval is required, in accordance with the details approved, or

(ii)where prior approval is not required, in accordance with the details submitted with the application,

(e)the development is to be carried out—

(i)where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given,

(ii)in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in head (b).]

Interpretation

(24) (a) In this Part—

“the 2003 Act” means the Communications Act 2003;

“antenna system” means a set of antennas installed on a building or other structure and operated in accordance with the electronic communications code;

“apparatus” means electronic communications apparatus;

“electronic communications apparatus”, “electronic communications code”, “electronic communications network” and “electronic communications service” have the same meaning as in the 2003 Act;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106(3)(a) of the 2003 Act;

“ground based mast” means a mast constructed or installed on the ground either directly or on a plinth or other structure constructed or installed for the purpose of supporting the mast;

“ICNIRP declaration” means a declaration by the developer that the antenna is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-Ionising Radiation Protection, as expressed in EU Council recommendation of 12th July 1999 (1999/519/EC, OJ L 1999, 30.7.1999) on the limitation of exposure of the general public to electromagnetic fields (0Hz to 300GHz);

“land controlled by the operator” means land occupied by the operator in respect of which, under the Lands Clauses Acts, the operator would be enabled to sell the land to the promoters of an undertaking or the operator holds a lease granted for a term of no fewer than 10 years;

“link antenna” means a satellite antenna together with the structure on which it is installed and apparatus which is ancillary to the satellite antenna, where the satellite antenna is used in connection with an existing ground based mast and—

(a)

the satellite antenna is installed on a structure other than the existing ground based mast; and

(b)

the link antenna is located in a compound specified in a grant of planning permission, or in a grant of prior approval issued by virtue of sub-paragraph (23), for the construction or installation of the existing ground based mast;

“mast” means a structure erected by or on behalf of an electronic communications code operator for the support of one or more antennas and includes any mast, pole, tower or other similar structure;

“neighbouring land” means an area or plot of land which, or part of which, is conterminous with, or within 20 metres of the boundary of, the land on which development which is the subject of an application submitted under sub-paragraph (23)(b) is located;

“original mast” means a mast as it is first constructed or installed and includes any apparatus attached to the mast at that time (other than an antenna) and any plinth or other structure to which it was attached at that time;

“public call box” means any kiosk, booth, acoustic hood, shelter or similar structure which is erected or installed for the purpose of housing or supporting a public telephone and at which call box services are provided (or are to be provided) by an electronic communications code operator;

F245...

[F246“small cell system” means an antenna which may be described as a femtocell, picocell, metrocell or microcell antenna, together with any ancillary apparatus which—

(a)

operates on a point to multi-point basis or area basis in connection with an electronic communications service,

(b)

has, in two-dimensional measurement, a surface area of 5,000 square centimetres or less, and

(c)

has a volume of 50,000 cubic centimetres or less,

but does not include Regulation 2020/1070 small cell systems, and any calculation for the purposes of heads (b) and (c) is to include any power supply unit or casing, but is not to include any mounting, fixing, bracket or other support structure,]

F247...]

Textual Amendments

PART 21SOTHER [F248ELECTRONIC COMMUNICATIONS] DEVELOPMENT

Textual Amendments

Commencement Information

I18Sch. 1 Pt. 21 in force at 13.3.1992, see art. 1(4)

Class 68.—(1) The installation, alteration or replacement on any building or other structure of [F249an [F250microwave antenna] and any structure intended for the support of a F251... [F250microwave antenna].

[F252(2) Development is not permitted by this class if–

(a)the building is a dwellinghouse or the building or structure is within the curtilage of a dwellinghouse;

[F253(aa)the development is permitted by class 4A(1);]

(b)the development is permitted by Part 20;

(c)it would result in the presence on the building or structure of–

(i)more than four microwave antennas;

(ii)more than two microwave antennas which face onto, and are visible from, a road;

(iii)a microwave antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(iv)more than two microwave antennas each exceeding 130 centimetres in length and any other antenna exceeding 60 centimetres in length; or

(v)a microwave antenna with a cubic capacity in excess of 35 litres.

(d)in a designated area it would result in–

(i)more than two microwave antennas;

(ii)the installation of a microwave antenna on a chimney, wall or roof slope which faces onto, and is visible from, a road;

(iii)more than one microwave antenna exceeding 60 centimetres in length;

(iv)any microwave antenna which exceeds 60 centimetres in length exceeding 100 centimetres in length; or

(v)for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure being higher than the highest part of the roof.

(e)for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure would be more than three metres higher than the highest part of the building or structure on which it is installed or is to be installed;

(f)for a building or structure under 15 metres in height, with a chimney, the highest part of the microwave antenna or its supporting structure would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

(g)for a building or structure under 15 metres in height, without a chimney, the highest part of the microwave antenna or its supporting structure would be higher than the highest part of the roof; or

(h)it involves construction or installation of a ground based mast.]

(3) Development is permitted by this class subject to the following conditions—

(a)the antenna shall, so far is practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;

[F254(b)a microwave antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable;

(c)the length of a microwave antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.]

[F255(4) For the purposes of this class–

“designated area” means a national scenic area, National Park, conservation area, historic garden or designed landscape or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument.]]

Textual Amendments

PART 22SDEVELOPMENT AT AMUSEMENT PARKS

Commencement Information

I19Sch. 1 Pt. 22 in force at 13.3.1992, see art. 1(4)

Class 69.—(1) Development on land used as an amusement park consisting of—

(a)the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or

(b)the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.

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

(a)in the case of any plant or machinery installed, extended, altered or replaced under this permission, that plant or machinery—

(i)would, if the land or pier is within 3 kilometres of the perimeter of an aerodrome, exceed a height of 25 metres or the height of the highest existing structure, whichever is the lesser; or

(ii)would in any other case exceed a height of 25 metres;

(b)in the case of an extension to an existing building or structure, that building or structure would as a result exceed 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater;

(c)in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level; or

(d)it would be situated within 25 metres of the curtilage of a dwelling.

Interpretation of Part 22S

For the purposes of Part 22—

“amusement park” means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used shall be regarded as an amusement park; and

“booths or stalls” includes buildings or structures similar to booths or stalls.

[F256PART 23SDEMOLITION OF BUILDINGS

Textual Amendments

Class 70.—(1) A building operation consisting of the demolition of a building.

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

(a)a building has been rendered unsafe or uninhabitable by the action or inaction of any person having an interest in the land on which the building stands; and

(b)it is practicable to secure safety or health by works of repair or works for affording temporary support.

(3) Development is permitted by this class subject to the following conditions:—

(a)where demolition of the building is urgently necessary in the interests of safety or health the developer shall, as soon as reasonably practicable, give the planning authority a written justification for the demolition;

(b)where the demolition [F257is demolition of a qualifying building,] does not fall within condition (a) and is not excluded demolition—

(i)the developer shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the method of the proposed development and any proposed restoration of the site;

(ii)the application shall be accompanied by a written description of the proposed development F258... and any fee required to be paid;

F259(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)the development shall not be begun before the occurrence of one of the following:—

(aa)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(v)the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa)where prior approval is required, in accordance with the details approved;

(bb)where prior approval is not required, in accordance with the details submitted with the application;

(vi)the development shall be carried out—

(aa)where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb)in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (b)(ii).

Textual Amendments

Interpretation of Part 23   For the purposes of Part 23—

  • “building” does not include part of a building;

  • “excluded demolition” means demolition—

    (a)

    on land which is the subject of a planning permission for the redevelopment of the land—

    (i)

    granted under Part III of the Act (except under article 3 of, and this Schedule to, this Order), or

    (ii)

    deemed to be granted under that Part of that Act,

    where the demolition is necessary in order to implement that planning permission, or

    (b)

    required or permitted to be carried out by or under any enactment, or

    (c)

    required to be carried out by any provision of an agreement made under section 50 of the Act];

  • [F260“qualifying building” means—

    (a)

    a dwellinghouse;

    (b)

    a building containing one or more flatted dwellings; or

    (c)

    a building having a mutual wall with, or having a main wall adjoining the main wall of a dwellinghouse or a building containing one or more flatted dwellings,

    but for the purposes of this definition—

    (i)

    a building is not to be regarded as a dwellinghouse or as containing one or more flatted dwellings if use as a dwelling is ancillary to any non-residential use of that building or other buildings on the same site; and

    (ii)

    each house in a pair of semi-detached houses and every house in a row of terrace houses (whether or not, in either case, the house is in residential use) is to be regarded as a building.]

Textual Amendments

[F261PART 24STOLL ROAD FACILITIES

Textual Amendments

Class 71.—(1) Development consisting of—

(a)the setting up and the maintenance, improvement or other alteration of facilities for the collection of tolls;

(b)the creation of a hard surface to be used for the parking of vehicles in connection with the use of such facilities.

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

(a)it is not located within 100 metres (measured along the ground) of the boundary of a toll road;

(b)the height of any building or structure would exceed—

(i)7.5 metres excluding any rooftop structure; or

(ii)10 metres including any rooftop structure;

(c)the aggregate floor area at or above ground level of any building or group of buildings within a toll collection area, excluding the floor area of any toll collection booth, would exceed 1500 square metres.

(3) Development is permitted by this class subject to the following conditions:—

(a)the developer shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the facilities for the collection of tolls;

(b)the application shall be accompanied by a written description of the proposed development and the materials to be used together with plans and elevations, and any fee required to be paid;

(c)the development shall not be begun before the occurrence of one of the following:—

(i)the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(ii)where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(iii)the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(d)the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i)where prior approval is required, in accordance with the details approved;

(ii)where prior approval is not required, in accordance with the details submitted with the application;

(e)the development shall be carried out—

(i)where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(ii)in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (3)(b).

Interpretation of Part 24.  For the purposes of Part 24—

“facilities for the collection of tolls” means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;

“ground level” means the level of the surface of the ground immediately adjacent to the building or group of buildings 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;

“rooftop structure” means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is—

(a)

so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;

(b)

lift machinery; or

(c)

reasonably required for safety purposes;

“toll” means a toll which may be charged pursuant to a toll order;

“toll collection area” means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;

“toll collection booth” means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;

“toll road” means a road which is the subject of a toll order; and

“toll order” has the same meaning as in Part II of the New Roads and Street Works Act 1991.]

[F262PART 25SCLOSED CIRCUIT TELEVISION CAMERAS

Textual Amendments

Class 72.—(1) The installation, alteration or replacement on any building or other structure of a closed circuit television camera for security purposes.S

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

(a)the development is in a conservation area or a national scenic area;

(b)the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(c)any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level;

(d)any part of the camera would, when installed, altered or replaced, protrude from the surface of the building or structure by more than one metre when measured from the surface of the building or structure;

(e)any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building or structure at a point which is more than one metre from any other point of contact;

(f)any part of the camera would be less than 10 metres from any part of another camera installed on a building or structure;

(g)the development would result in the presence of more than four cameras on the same side of the building or structure; or

(h)the development would result in the presence of more than 16 cameras on the building or structure.

(3) Development is permitted by this class subject to the following conditions:—

(a)the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is situated;

(b)the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes;

(c)the field of vision of the camera shall, so far as practicable, not extend beyond the boundaries of the land upon which the building or structure is erected or of any area which adjoins that land and to which the public have access.

(4) For the purposes of this class—

“camera”, except in paragraph (2)(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets.]

[F263Part 25ASTEMPORARY PROTECTION OF POULTRY AND OTHER CAPTIVE BIRDS

Textual Amendments

Housing of poultry and captive birdsS

Class 72A.—(1) The erection, etension or alteration of a building where that is necessary for the purpose of housing poultry or other captive birds to protect them from avian influenza.

(2) Development is not permitted by this class–

(a)if the development would affect a listed building or its setting;

(b)if the height of the building erected or the building as extended or altered would exceed 12 metres;

(c)where the development is within three kilometres of an aerodrome, the height of the building erected or the building as extended or altered would exceed three metres;

(d)if the area of ground which would be covered by the building erected or the building as extended or altered would exceed 465 square metres;

(e)where development is carried out on the same unit more than once by virtue of this class, the aggregate of the area of the ground covered by any such development would exceed 465 square metres; or

(f)where the development consists of the extension of a building, the area of ground which would be covered by the building as extended would exceed the area of ground covered by the existing building by more than 50 per cent.

(3) Development is permitted by this class subject to the following conditions–

(a)the development shall not be used for any purpose other than to house poultry or other captive birds to protect them from avian influenza;

(b)the developer shall within a period of 14 days after commencing development serve the relevant notice on the planning authority; and

(c)[F264on or as soon as practicable after the relevant date]–

(i)any development permitted by this class shall be removed; and

(ii)the land shall be restored to its condition before the development took place, or to such other condition as may be agreed in writing between the planning authority and the developer.

(4) For the purposes of this class–

“approved body” means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC;

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept as a pet; for shows, races, exhibitions or competitions; for breeding; for sale; or for use by an approved body;

“poultry” means birds reared or kept in captivity for the production of meat or eggs for consumption, for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“relevant date” means the earlier of–

(a)

26th March [F2652009]; or

(b)

the date on which the use of the buildings permitted by this class ceases to be necessary for the purposes of protecting poultry or other captive birds from avian influenza,

“relevant notice” means a notice signed and dated by or on behalf of the developer and containing–

(a)

the name of the developer;

(b)

the address or location of the development (including a site plan and grid reference);

(c)

the name and address of the owner and occupier of the land on which the development is being carried out;

(d)

a description of the development (including a description of the type of poultry or other captive birds to be protected); and

(e)

the date on which development commenced; and

“unit” means land which is occupied as a unit for the same purpose or related purposes.]

Textual Amendments

[F266PART 25BSANCIENT MONUMENTS

Textual Amendments

Class 72B—(1) The carrying out by or on behalf of the Scottish Ministers of development—S

(a)consisting of the maintenance, repair or reinstatement of any ancient monument; or

(b)in exercise of their functions under the Ancient Monuments and Archaeological Areas Act 1979.

(2) Development is not permitted by Class 72B(1)(b) if the works involve the provision of facilities or services under section 20 of the Ancient Monuments and Archaeological Areas Act 1979 (provision of facilities for the public in connection with ancient monument).

(3) For the purposes of this class—

(a)development is not to be treated as being carried out by or on behalf of the Scottish Ministers where it is carried out by—

(i)Historic Environment Scotland; or

(ii)any person prescribed under section 3 of the Historic Environment Scotland Act 2014,

in the exercise of any function delegated to Historic Environment Scotland or such person, as the case may be, by the Scottish Ministers under that section; and

(b)“ancient monument” has the same meaning as in section 61 of the Ancient Monuments and Archaeological Areas Act 1979.]

[F267PART 25CSDevelopment by Local Authorities and Health Service Bodies

Textual Amendments

   

Class 72C.—(1) Development by, or on behalf of, a local authorityor health service body for the purposes of—S

(a)preventing an emergency,

(b)reducing, controlling or mitigating the effects of an emergency, or

(c)taking other action in connection with an emergency.

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

(a)any part of the development is on land which is, or forms part of—

(i)a site of special scientific interest,

(ii)site of archeological interest,

(iii)a historic battlefield, or

(iv)a historic garden or designed landscape,

(b)any development, other than a change of use, would be carried out within 5 metres of any boundary of the curtilage of a dwellinghouse,

(c)the height of any new building exceeds—

(i)a height of 6 metres above ground where any part of the new building is within 10 metres of any boundary of the land, or

(ii)a height of 18 metres above the ground, or, where the development is within the curtilage of a building, the height of the highest part of the roof of the original building, whichever is the greater,

(d)the height of any building enlarged, improved or altered exceeds—

(i)the height of the highest part of the roof of the original building, or a height of 6 metres above the ground, whichever is the greater, where any part of the enlarged, improved or altered building is within 10 metres of an boundary of the curtilage of the original building, or

(ii)the height of the highest part of the roof of the original building, or height of 18 metres above the ground, whichever is the greater, or

(e)any moveable structure, works, plant or machinery required temporarily and in connection with and for the duration of the development would be located in a position—

(i)within 5 metres of any boundary of the land, or

(ii)within 10 metres of any boundary of the curtilage of a dwellinghouse.

(3) Development is permitted by this Class subject to the following conditions—

(a)if the developer is not the planning authority, the developer must, as soon as practicable after commencing development, notify the planning authority of the development,

(b)any use of the land for the purposes of this Class ceases on or before [F26830 June 2022], and

(c)on or before the expiry of a period of 6 months beginning with the date on which the use of the land ceases for the purpose of this Class—

(i)any building, works, plant, machinery, structure or erection permitted by this Class is removed, and

(ii)the land is restored to its condition before the development took place or to such other state as may be approved by the planning authority.

Textual Amendments

Interpretation of Part 25C

(1) For the purposes of this Part—

“emergency” means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom,

“health service body” means—

(a)

a Health Board constituted by an order under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

(b)

a Special Health Board constituted by an order under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

(c)

the Common Services Agency,

(d)

Public Health Scotland,

(e)

Healthcare Improvement Scotland, and

(f)

NHS 24.

(2) For the purposes of paragraph (1), an event or situation threatens serious damage to human welfare only if it involves, causes or may cause—

(a)loss of human life,

(b)human illness or injury,

(c)homelessness,

(d)damage to property,

(e)disruption of a supply of money, food, water, energy, or fuel,

(f)disruption of a system of communication,

(g)disruption of facilities for transport, or

(h)disruption of services relating to health.

(3) For the purposes of this Part, where 2 or more original buildings are within the same curtilage and are used for the same undertaking they are to be treated as a single original building in making any measurement.]

[F269PART 25DSDevelopment by the Crown relating to a pandemic

Textual Amendments

   

Class 72D.—(1) Development by or on behalf of the Crown on Crown land for the purposes of—S

(a)preventing a pandemic,

(b)reducing, controlling or mitigating the effects of a pandemic, or

(c)taking other action in connection with a pandemic.

Limitations

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

(a)any part of the development is on land which is, or forms part of—

(i)a site of special scientific interest,

(ii)a site of archaeological interest,

(iii)a historic battlefield, or

(iv)a historic garden or designed landscape,

(b)any development, other than a change of use, would be carried out within 5 metres of any boundary of the curtilage of a dwellinghouse,

(c)the height of any new building exceeds—

(i)a height of 6 metres above ground where any part of the new building is within 10 metres of any boundary of the land, or

(ii)a height of 18 metres above the ground, or, where the development is within the curtilage of a building, the height of the highest part of the roof of the original building, whichever is the greater,

(d)the height of any building enlarged, improved or altered exceeds—

(i)the height of the highest part of the roof of the original building, or a height of 6 metres above the ground, whichever is the greater, where any part of the enlarged, improved or altered building is within 10 metres of an boundary of the curtilage of the original building, or

(ii)the height of the highest part of the roof of the original building, or height of 18 metres above the ground, whichever is the greater,

(e)any moveable structure, works, plant or machinery required temporarily and in connection with and for the duration of the development would be located in a position—

(i)within 5 metres of any boundary of the land, or

(ii)within 10 metres of any boundary of the curtilage of a dwellinghouse.

Conditions

(3) Development is permitted by this class subject to the following conditions—

(a)the developer must, as soon as practicable after commencing development, notify the planning authority of that development,

(b)on or before the expiry of the period of [F27024] months beginning with the date on which the development began—

(i)any use of that land for a purpose of this class ceases and any buildings, plant, machinery, structures and erections permitted by this class is removed, and

(ii)the land is restored to its condition before the development took place, or to such other state as may be agreed in writing between the planning authority and the developer,

unless permission for the development has been granted on an application under Part 3 of the Act.

Textual Amendments

Interpretation of Part 25D

For the purposes of this Part—

“pandemic” means a public health emergency of international concern within the meaning given by the International Health Regulations (2005) of the World Health Organisation adopted by the fifty-eighth World Health Assembly on 23rd May 2005,

“World Health Assembly” has the meaning set out in the Constitution of the World Health Organisation adopted by the International Health Conference held in New York from the 19th June to 22nd July 1946 and signed on 22nd July 1946,

“World Health Organisation” means the specialised agency within the terms of Article 57 of the Charter of the United Nations, established by the Constitution of the World Health Organisation.]

(2)

1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56) (“the 1981 Act”), Schedule 6, paragraphs 2, 3 and 4 and Schedule 12; section 16 was amended by the 1981 Act, Schedule 6, paragraphs 3 and 4.

(3)

1972 c. 52; section 12(1) was amended by Local Government and Planning (Scotland) Act 1982 (c. 43) (“the 1982 Act”), section 39 and Schedule 4 Part I and by the Housing and Planning Act 1986 (c. 63) (“the 1986 Act”), Schedule 11, paragraph 28(2); section 12(2) was substituted by Town and Country Planning (Scotland) Act 1977 (c. 10), section 2(3) and amended by the 1982 Act, Schedule 4, Part I; section 12 (2A) and (2B) were inserted by the 1986 Act, Schedule 11, paragraph 28(1); section 12(3) was amended by the Local Government (Scotland) Act 1973 (c. 65) (“the 1973 Act”), section 172(2); section 12(4) was substituted by the 1973 Act, section 175(2).

(15)

Section 251(1A) was inserted by the Town and Country Planning (Minerals) Act 1981 (c. 36), sections 19(2) and 35.

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