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Scotland

(1)

Development authorised by—

(a)

a local or private Act of Parliament F1or of the Scottish Parliament;

(b)

an order approved by both Houses of Parliament F2or by the Scottish Parliament; or

(c)

any order made under section 14 or 16 of the Harbours Act 1964^f1,

which in each case designates specifically the nature of the development authorised and the land upon which it may be carried out.

(2)

Development is not permitted by this class if it consists of or includes—

(a)

the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam; or

(b)

the formation, laying out or alteration of a means of access to any road used by vehicular traffic,

unless the prior approval of the planning authority in respect of the detailed plans and specifications is first obtained.

(3)

The prior approval referred to in sub-paragraph (2) shall not be refused by the planning authority or granted subject to conditions unless they are satisfied that—

(a)

in any case (other than the provision of works carried out to a dam) the development ought to be and could reasonably be carried out elsewhere on the land designated specifically in the said Act or order; or

(b)

the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 11 Class 29(1)(a) inserted (27.7.2000) by The Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), art. 1(1), Sch. para. 22(3)(a) (with art. 3)
F2: Words in Sch. 1 Pt. 11 Class 29(1)(b)inserted (27.7.2000) by The Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), art. 1(1), Sch. para. 22(3)(b) (with art. 3)

Modifications

C1: Sch. 1 Pt. 11 Class 29 modified (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 73(2)-(4) (with s. 75)
C2: Sch. 1 Pt. 11 Class 29 modified (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 74(2)-(5) (with ss. 76, 84)
C3: Sch. 1 Pt. 11 Class 29 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 38(2)(3) (with s. 50)
C4: Sch. 1 Pt. 11 Class 29 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 43(2)(3) (with ss. 52, 60)
C5: Sch. 1 Pt. 11 Class 29 modifed (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 43(2)(3) (with s. 59)
C6: Sch. 1 Pt. 11 Class 29 modified (10.10.2013) by virtue of The Rosyth International Container Terminal (Harbour Revision) Order 2013 (S.S.I. 2013/288), art. 1(1), sch. 2 para. 1(1) (with arts. 14, 15, 16)

Footnotes

f1: 1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56) (“the 1981 Act”), Schedule 6, paragraphs 2, 3 and 4 and Schedule 12; section 16 was amended by the 1981 Act, Schedule 6, paragraphs 3 and 4.

Notes on Part 11

Commencement

I1: Sch. 1 Pt. 11 in force at 13.3.1992, see art. 1(4)

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