Explanatory note
Scotland
(This note is not part of the Order)
The Order amends the Town and Country Planning (General Development) (Scotland) Order 1981 (“the GDO”) in 3 areas:–
It removes permitted development rights under article 3 of and Schedule 1 to the GDO to fish farming (article 2(a)(i)-(iii) and (c)).
In relation to appeals to the Secretary of State it modifies article 16 of the GDO:–
by requiring the appellant, rather than the Secretary of State, to notify the planning authority of the appeal (article 2(b)(i) and (iii) in respect of the revocation of paragraph (3)); and
to take account of the introduction of the Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990 (S.I. 1990/507) by inserting a new paragraph (2A) into article 16 restricting the remaining paragraphs to appeals which are not to be disposed of on the basis of written submissions (article 2(b)(ii)). Consequential amendments are the revocation of paragraph (4) and (7) (article 2(b)(iii) and the amendment to paragraph (8) (article 2(b)(iv)).
It makes amendments to the GDO consequential on the Electricity Act 1989. Article 2(a)(iv) amends article 2(1) of the GDO so that the definition of “statutory undertakers” includes licence holders under the Electricity Act 1989. Article 2(d) contains 2 minor amendments to class XV E in Part I of Schedule 1 to the GDO (permitted development).