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The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997

S.I. 1997/3060 · Made 18 December 1997

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 18th December 1997

Laid before Parliament 29th December 1997

Coming into force 2nd February 1998

The Secretary of State, in exercise of the powers conferred on him by sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1997 c. 8.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the 1992 Order
  3. 3Amendment of the 1992 Order
  4. 4Amendment of the 1992 Order
  5. 5Amendment of the 1992 Order
  6. 6Amendment of the 1992 Order
  7. 7Amendment of the 1992 Order
  8. 8Amendment of the 1992 Order
  9. Signature
  10. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 and shall come into force on 2nd February 1998.

(2)

In this Order, “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992f1.

2Amendment of the 1992 Order

In article 2(1) of the 1992 Order (interpretation), for the definition of “Use Classes Order” substitute–

  • ““Use Classes Order” means the Town and Country Planning (Use Classes) (Scotland) Order 1997f1.”.

3Amendment of the 1992 Order

In Class 10 in Part 3 (changes of use) of Schedule 1 to the 1992 Order–

(a)

after “Class 10” insert “–(1)”;

(b)

after head (a) insert–

“(aa)

for the sale of hot food for consumption off the premises;”; and

(c)

at the end insert–

“(2)

Development is not permitted by sub-paragraph (1)(c) of this class if the change of use is of a building whose total floor area exceeds 235 square metres.”.

4Amendment of the 1992 Order

In Class 11 in Part 3 of Schedule 1 to the 1992 Order, at the end insert–

“or a use for the sale of hot food for consumption off the premises”.

5Amendment of the 1992 Order

In Classes 12 and 13 in Part 3 of Schedule 1 to the 1992 Order, for “class 11” in each place where it occurs substitute “class 6”.

6Amendment of the 1992 Order

In the last paragraph (interpretation of Part 3) in Part 3 of Schedule 1 to the 1992 Order, for “the Town and Country Planning (Use Classes) (Scotland) Order 1989”, substitute “the Use Classes Order”.

7Amendment of the 1992 Order

In Class 18 in Part 6 (agricultural buildings and operations) of Schedule 1 to the 1992 Order, omit sub-paragraph (5)(d)(ii).

8Amendment of the 1992 Order

In Class 43A in Part 13 (development by statutory undertakers) of Schedule 1 to the 1992 Order–

(a)

in sub-paragraph (1)–

(i)

after “being”, insert “–(a)”; and

(ii)

after “apparatus”, insert–

“; or

(b)

development consisting of the erection, construction, maintenance, improvement or other alteration of–

(i)

a control kiosk for a pump station or monitoring station, where the control kiosk does not exceed 6 cubic metres in volume, 2 metres in height, 3 metres in width or 1 metre in depth;

(ii)

a sewer pipe which is supported on pillars or a truss above ground to maintain a gradient and which does not exceed 1 metre in height;

(iii)

a raised manhole cover or sampling chamber which does not exceed 1 metre in height or 1 metre in width;

(iv)

a vent pipe which does not exceed 3 metres in height; or

(v)

a concrete head wall for sewer discharge pipes which does not exceed 1.5 metres in height, 1.5 metres in length or 0.5 metre in depth”; and

(b)

in sub-paragraph (2), after “land under” insert “or on”.

Signature

Calum MacDonald

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

18th December 1997

Explanatory note

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. It adds a provision to the permitted development right for a change of use from sale or display of motor vehicles to a shop (Class 10(c) of Part 3 of Schedule 1), restricting its application to buildings whose floor space does not exceed 235 square metres (article 3(c)). It extends the category of sewerage works covered by the permitted development rights in Class 43A of Part 13 of Schedule 1 (article 8). It also makes various minor consequential changes necessary to take account of the Town and Country Planning (Use Classes) (Scotland) Order 1997 which comes into force on the same date as this Order.