Article 3 Permitted developmentI1C1C2C3C4C5C6C7C8

any limitation or condition specified in the sub-paragraphs subsequent to subparagraph (1) in each paragraph in Schedule 1; and

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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;

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

in the case of a permission granted in connection with an existing fish farm, the placement or assembly of equipment forming that fish farm is unlawful.

the equipment in question is equipment of the same size, colour and design and is in the same location as the equipment which it replaces; and

the only reason that the placement or assembly of equipment forming the existing fish farm is unlawful is that there was a failure to comply with the terms of a condition imposed by virtue of a provision mentioned in paragraph (4C).

paragraph (4)(b) of Class 21A;

paragraph (2)(a) of Class 21B;

paragraph (2)(b) of Class 21C;

paragraph (3)(c) of Class 21D;

paragraph (3)(a) of Class 21E;

paragraph (2)(a) of Class 21G;

paragraph (2)(a) of Class 21H;

paragraph (2)(a) of Class 21I; and

paragraph (3)(a) of Class 21J.

any development other than development permitted by F7Parts 9, 11 and 24 and Class 31 of Schedule 1, which requires or involves the formation, laying out or material widening of a means of access to an existing road which is a trunk road or a classified road or creates an obstruction to the view of persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons;

the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a F9public gas transporter in accordance with Class 39 of Schedule 1 F10; or

any development, other than development permitted by Part 23 of Schedule 1, which requires or involves the demolition of a building but in this paragraph “building” does not include part of a building.

the planning authority have adopted a screening opinion under F16regulation 8 of those Regulations that the development is not EIA development F17within the meaning of those Regulations;

the Scottish Ministers have made a screening direction under F18regulation 7(4) or 10 of those Regulations that the development is not EIA development F19within the meaning of those Regulations; or

the Scottish Ministers have given a direction under F20regulation 6(4) or (6) of those Regulations that the development is exempted from the application of these Regulations.

an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 1 development within the meaning of the EIA Regulations; and

the development—

an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 2 development within the meaning of the EIA Regulations; and

the development may have significant effects on the environment that have not previously been identified (whether in an earlier screening opinion under F24regulation 8 of those Regulations or a screening direction under F25regulation 7(4) or 10 of those Regulations, or because the development has not been the subject of such a screening opinion or direction),

the planning authority have adopted a screening opinion pursuant to F27regulation 8 of the EIA Regulations that development is EIA development and the Scottish Ministers have in relation to that development neither made a screening direction to the contrary under F28regulation 7(4) or 10 of those Regulations nor directed under F29regulation 6(4) or (6) of those Regulations that the development is exempted from the application of those Regulations; or

the Scottish Ministers have directed F30under F31regulation 7(4), 10 or 50 of the EIA Regulations that development is EIA development,

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development which consists of the carrying out of drainage works to which F34the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 applies;

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development for which permission is granted by Part 7, Class 26 of Part 8, Part 11, Class 39(1)(a) of Part 13, Class 58 of Part 17 F36... of Schedule 1;

development for which permission is granted by Class 54 of Part 15, Class 59 or 60 of Part 17 F37... of Schedule 1 provided that the development is to be carried out–

as that on which development of any description permitted by the same Class has been carried out before F391st August 1999;

the completion of any development begun before 1st August 1999.