Explanatory note
(This note is not part of the Order)
This Order substitutes a new Class XVE in Schedule 1 to the Town and Country Planning (General Development) (Scotland) Order 1981 following the enactment of the Electricity Act 1989 and Regulations made thereunder.
Class XVE sets out development by electricity undertakers which is permitted development and may thus be carried out without the need to apply for planning permission, and sets out the conditions which apply to such development.
There are two changes–
An undertaker will in future be permitted to install or replace an electric line without applying for planning permission, when consent under section 37 of the Electricity Act 1989 is not required to that installation by virtue of the Overhead Lines (Exemption) Regulations 1990 (S.I. 1990/2035). (The relevant provisions are in the Schedule to this Order, column (1) sub-paragraphs (a)(i) and (b)(i) of paragraph (5), and column (2) conditions (1), (2) and (3).).
An undertaker will be permitted to install (or replace) a telecommunications line between an electric line and an electrical plant or building. (The relevant provisions are in the Schedule to this Order, column (1) sub-paragraphs (a)(ii) and (b)(ii) of paragraph (5).).
Other provisions of Class XVE (including those previously amended) are re-enacted.