{
  "url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-amendment-order-2024/article-17",
  "json_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-amendment-order-2024/article-17.json",
  "legislation": "ssi/2024/102",
  "legislation_title": "The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-amendment-order-2024",
  "path": "article/17",
  "kind": "article",
  "number": "17",
  "heading": "Amendment of Part 13 of schedule 1",
  "text": "(1) Class 40 (electricity undertakings) is amended in accordance with this regulation.\n(2) In paragraph (1)—\n(a) for “statutory undertakers for the generation, transmission or supply of electricity” substitute “an electricity undertaker”,\n(b) in sub-paragraph (b) omit “or replacement” in both places it appears,\n(c) after sub-paragraph (b) insert—\n“(ba) the replacement of any electronic communications line which connects any part of an electric line to any electrical plant or building, and the replacement of any support for any such line,”,\n(d) for sub-paragraph (c) substitute—\n“(c) the carrying out of works for the purpose of survey or investigation and the installation of any plant or machinery reasonably necessary in connection with such works,”,\n(e) after sub-paragraph (c) insert—\n“(ca) the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure,”.\n(3) In paragraph (2)—\n(a) omit “or” at the end of sub-paragraph (a)(i),\n(b) in sub-paragraph (a)(ii) for “29” substitute “45”,\n(c) after sub-paragraph (a)(ii) insert—\n“(iii) it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 3 metres in height, or\n(iv) it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 29 cubic metres in capacity and would be located—\n(aa) within 5 metres of a dwelling,\n(bb) in a national scenic area,\n(cc) in a National Park,\n(dd) in a conservation area,\n(ee) in a historic garden or designed landscape,\n(ff) in a historic battlefield,\n(gg) in the curtilage of a listed building,\n(hh) in the site of a scheduled monument,\n(ii) in a World Heritage Site.”,\n(d) after sub-paragraph (b) insert—\n“(ba) in the case of any development referred to in sub-paragraph (ca) if—\n(i) the height of any gate, fence, wall or other means of enclosure to be erected or constructed would exceed 3 metres above ground level, or\n(ii) the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or 3 metres above ground level,”.\n(4) In paragraph (3)—\n(a) after sub-paragraph (b) insert—\n“(ba) in the case of any development referred to in paragraph (1)(ba)—\n(i) the dimensions of the support for any electronic communications line are the same, or smaller than, the dimensions of the support being replaced,\n(ii) the electronic communications line and any support for such line are in the same, or substantially the same, location as the those being replaced, and\n(iii) no more electronic communications lines or supports for any such line are present than were present before the replacement,”,\n(b) in sub-paragraph (d) after “paragraph (1)(e)” insert “which would exceed 3 metres in height”.\n(5) Omit paragraph (4).\n(6) In paragraph (5) after the definition of “electrical plant” omit “and” and insert—\n““electricity undertaker” means the holder of a licence under section 6 of the Electricity Act 1989,”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c. 29."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2024/102/article/17",
    "retrieved_at": "2026-10-28T20:41:04.087788+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}