Search Legislation

The Town and Country Planning (Use Classes) (Scotland) Order 1997

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.  This Order may be cited as the Town and Country Planning (Use Classes) (Scotland) Order 1997 and shall come into force on 2nd February 1998.

Interpretation

2.  In this Order, the following expressions have the meanings assigned to them:–

“care” means personal care including the provision of appropriate help with physical and social needs or support; and in class 8 (residential institutions) includes medical care and treatment;

“class” means a class specified in the Schedule to this Order;

“day centre” means non-residential premises which are used for social purposes, recreation, rehabilitation or occupational training and at which care is also provided;

“industrial process” means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to–

(a)

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

(b)

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

(c)

the getting, dressing or treatment of minerals,

in the course of any use other than agriculture;

“site” means the whole area of land within a single unit of occupation;

“support” means counselling or other help provided as part of a planned programme of care.

Use Classes

3.—(1) Subject to the provisions of this Order, where a building or other land is used for a purpose in any class specified in the Schedule to this Order, the use of that building or that other land for any other purpose in the same class shall not be taken to involve development of the land.

(2) References in paragraph (1) to a building include references to land occupied with the building and used for the same purposes.

(3) A use included in and ordinarily incidental to any use in a class shall not be precluded from that use by virtue of being specified in another class.

(4) Where land on a single site or on adjacent sites used as parts of a single undertaking comprises uses within both class 4 (business) and class 5 (general industrial), those uses may be treated as if they were in a single class in considering the use of that land for the purposes of this Order, provided that the area used for a purpose falling within class 5 (general industrial) shall not be substantially increased as a result.

(5) Nothing in any class shall include any use–

(a)as a theatre;

(b)as an amusement arcade or centre or funfair;

(c)for the sale of fuel for motor vehicles;

(d)for the sale or display for sale of motor vehicles;

(e)for a taxi business or for the hire of motor vehicles;

(f)as a scrapyard or a yard for the breaking of motor vehicles;

(g)for the storage or distribution of minerals;

(h)as a public house;

(i)for any work registrable under the Alkali etc. Works Regulation Act 1906(1); or

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

Change of use of part of building or land

4.  In the case of a building used for a purpose within class 9 (houses) the use as a separate house of any part of the building or of any land occupied with and used for the same purposes as the building shall not, by virtue of this Order, be taken as not amounting to development.

Revocation

5.  The Town and Country Planning (Use Classes) (Scotland) Order 1989(2) and the Town and Country Planning (Use Classes) (Scotland) Amendment Order 1993(3) are hereby revoked.

Calum MacDonald

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

18th December 1997

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources