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The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1992

S.I. 1992/2084 · Made 31 August 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TOWN AND COUNTRY PLANNING, SCOTLAND

Made 31st August 1992

Laid before Parliament 4th September 1992

Coming into force 25th September 1992

The Secretary of State, in exercise of the powers conferred on him by sections 21 and 273(3) of the Town and Country Planning (Scotland) Act 1972f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1972 c. 52; section 21(1) to (3) was substituted by the Planning and Compensation Act 1991 (c. 34), Schedule 13, paragraph 5.

Contents

  1. 1Citation and commencement
  2. 2Amendment of General Permitted Development Order
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1992 and shall come into force on 25 September 1992.

2Amendment of General Permitted Development Order

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992f1 is hereby amended as follows:—

(a)

In article 2—

(i)

in paragraph (1) in the definition of “existing”, after the word “machinery” shall be inserted the words “or any use”;

(ii)

paragraph (3) shall be omitted.

(b)

In article 3 after paragraph (4) shall be inserted —

“(4A)

The permission granted by Schedule 1 shall not apply if —

(a)

in the case of a permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;

(b)

in the case of permission granted in connection with an existing use, that use is unlawful.”.

Signature

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

31st August 1992

Explanatory note

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 to provide that permitted development rights may only be exercised in relation to an existing use or building if the existing use or the building operations in respect of the construction of the existing building are lawful.