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

S.I. 1992/2084 · made 31 August 1992

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.

Made under: Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997) (Section 21, Section 273)

## Introductory text

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 1972 and of all other powers enabling him in that behalf, hereby makes the following Order:

## 1 Citation 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.

## 2 Amendment of General Permitted Development Order

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 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.

---
Source: https://www.legislation.gov.uk/uksi/1992/2084 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-amendment-no2-order-1992
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.