Paragraph 35 Dock, pier, harbour, water transport, canal or inland navigation undertakingsC1
Scotland
F1The carrying out of development on operational land by statutory F2undertakers, or their lessees or agents, in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—
for the purposes of shipping; F3...
in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking;
in connection with the provision of services and facilities.
Development is not permitted by this class if it consists of or includes—
the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic;
the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—
a building used for educational purposes; F5...
a car park, shop, restaurant, garage or petrol filling station;
where development falls with paragraph (1)(c)—
the erection of a building other than an operational building, or
the alteration or reconstruction of a building other than an operational building where its design or external appearance would be materially affected.
Development is permitted by this class subject to the condition that notice of the development is given to the planning authority before any development is carried out unless that development—
is urgently required for the efficient running of the dock, pier, harbour, water transport, canal or inland navigation undertaking, and
consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.
For the purposes of this class references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964.
Annotations
Textual amendments
- F1
Words in Sch. 1 Pt. 13 Class 35 substituted (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, 12(a)(i) (with art. 2)
- F2
Words in Sch. 1 Pt. 13 Class 35 substituted (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, 12(a)(ii) (with art. 2)
- F3
Word in Sch. 1 Pt. 13 Class 35(1)(a) omitted (31.3.2023) by virtue of The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023 (S.S.I. 2023/35), arts. 1, 12(a)(iii) (with art. 2)
- F4
Sch. 1 Pt. 13 Class 35(1)(c) 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, 12(a)(iv) (with art. 2)
- F5
Word in Sch. 1 Pt. 13 Class 35(2)(b) omitted (31.3.2023) by virtue of The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023 (S.S.I. 2023/35), arts. 1, 12(b)(i) (with art. 2)
- F6
Sch. 1 Pt. 13 Class 35(2)(b)(iii) 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, 12(b)(ii) (with art. 2)
- F7
Sch. 1 Pt. 13 Class 35(2A) 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, 12(c) (with art. 2)
Modifications
- C1
Sch. 1 Pt. 13 Class 35 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(2) (with arts. 14, 15, 16)
Notes on Part 13
Commencement
- I1
Sch. 1 Pt. 13 in force at 13.3.1992, see art. 1(4)