{
  "url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/class/22",
  "json_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/class/22.json",
  "legislation": "uksi/1992/223",
  "legislation_title": "The Town and Country Planning (General Permitted Development) (Scotland) Order 1992",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992",
  "path": "schedule/1/class/22",
  "kind": "paragraph",
  "number": "22",
  "heading": null,
  "text": "(1) The carrying out on land used for the purposes of forestry, including afforestation, or in the case of sub-paragraph (c) land held or occupied with that land, of development reasonably necessary for those purposes consisting of—\n(a) works for the erection, extension or alteration of a building;\n(b) the formation, alteration or maintenance of private ways;\n(c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways;\n(d) other operations (not including engineering or mining operations).\n(1A) Development is not permitted by this class if, in the case of any development referred to in sub-paragraph (1)(a), the land is within a historic battlefield.\n(2) Subject to sub-paragraph (3), development is not permitted by this class if—\n(a) it would consist of or include the provision or alteration of a dwelling;\n(b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; or\n(c) any part of the development would be within 25 metres of the metalled portion of a trunk or classified road.\n(3) (a) Development consisting of the erection of a building or the significant extension or significant alteration of a building ... is permitted by this class subject to the following conditions:—\n(i) the developer shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;\n(ii) the application shall be accompanied by a written description of the proposed develop ment, the materials to be used and a plan indicating the site together with any fee required to be paid;\n(iii) the development shall not be begun before the occurrrence of one of the following:—\n(aa) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;\n(bb) where the planning authority gives the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;\n(cc) the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;\n(iv) the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—\n(aa) where prior approval is required, in accordance with the details approved;\n(bb) where prior approval is not required, in accordance with the details submitted with the application;\n(v) the development shall be carried out—\n(aa) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;\n(bb) in any case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (a)(ii);\n(b) development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building.\n(4) Development consisting of the formation or alteration of a private way is permitted by this class subject to the following conditions:—\n(a) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the design, manner of construction or route of the private way;\n(b) the application is to be accompanied by—\n(i) a description of the proposed development, including the proposed design and manner of construction, details of the materials to be used and a plan indicating the route of the private way; and\n(ii) any fee required to be paid;\n(c) the development is not to be commenced before the occurrence of one of the following:—\n(i) the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;\n(ii) the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or\n(iii) the applicant has (or to the extent required has) received such approval from the planning authority;\n(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—\n(i) to the extent to which prior approval is required, in accordance with the details approved;\n(ii) to the extent to which prior approval is not required, in accordance with the details submitted with the application; and\n(e) the development is to be carried out within a period of 3 years from the date on which all approvals required in accordance with this paragraph have been given.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 Pt. 7 Class 22(1A) inserted (30.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), art. 2(7)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 1 Pt. 7 Class 22(3)(a) revoked (1.6.1992) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1992 (S.I. 1992/1078), arts. 1, 2(f)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 1 Pt. 7 Class 22(3)(a)(i) substituted (3.2.1995) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.3) Order 1994 (S.I. 1994/3294), arts. 1(1), 6"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 1 Pt. 7 Class 22(4) inserted (15.12.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 2014 (S.S.I. 2014/300), arts. 1, 3(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/223/schedule/1/class/22",
    "retrieved_at": "2026-10-29T14:29:53.174501+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."
}