Paragraph Class 11A F1

(1)

Development consisting of a change of use of a building to a use within class 3 (food and drink) from a use—

(a)

within class 1A (shops and financial, professional and other services),

(b)

as a betting shop,

(c)

as a pay day loan shop, or

(d)

for the sale of hot food for consumption off the premises.

Limitations

(2)

Development is not permitted by this class if—

(a)

it would result in the change of use of a building unit situated below any part of a dwelling, or

(b)

it would result in the change of use of a building or a building unit which is within 1 metre of a dwelling.

Interpretation

(3)

For the purposes of paragraph (2)(b) of this class when measuring the distance of 1 metre no account is to be taken of any communal access.

(4)

In this class—

“building unit” means a part of a building which is designed or altered to be used separately,
“communal access” means a passage, stairs or landings within a building which constitute a common access to two or more building units.

Annotations

F1: Sch. 1 Pt. 3 Classes 11A, 11B inserted (31.3.2023) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023 (S.S.I. 2023/35), arts. 1, 8(c) (with art. 2)

F1: Words in Sch. 1 Pt. 3 inserted (10.2.2017) by The Town and Country Planning (Miscellaneous Amendments and Transitional Saving Provision) (Scotland) Order 2016 (S.S.I. 2016/421), arts. 1(1), 2(3)(a)
F2: Words in Sch. 1 Pt. 3 substituted (10.2.2017) by The Town and Country Planning (Miscellaneous Amendments and Transitional Saving Provision) (Scotland) Order 2016 (S.S.I. 2016/421), arts. 1(1), 2(3)(b)
F3: Word in Sch. 1 Pt. 3 substituted (10.2.2017) by The Town and Country Planning (Miscellaneous Amendments and Transitional Saving Provision) (Scotland) Order 2016 (S.S.I. 2016/421), arts. 1(1), 2(3)(c)
F4: Words in Sch. 1 Pt. 3 substituted (2.2.1998) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 (S.I. 1997/3060), arts. 1(1), 6