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Paragraph 3D Other development within the curtilage of a dwellinghouseF1

(1)

The erection, construction, maintenance, improvement or alteration of any deck or other raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

(2)

Development is not permitted by this class if—

(F2za)

the dwellinghouse is a dwelling by virtue of a change of use permitted under class 18B or 22A,

(a)

any part of the development would be forward of a wall forming part of the principal elevation or side elevation where that elevation fronts a road;

(b)

the floor level of any part of the deck or platform would exceed 0.5 metres in height;

(c)

the combined height of the deck and any wall, fence, balustrade, handrail or other structure attached to it, would exceed 2.5 metres; or

(d)

in the case of land within a conservation area or within the curtilage of a listed building the deck or platform would have a footprint exceeding 4 square metres.

Annotations

Textual amendments

F1

Sch. 1 Pts. 1, 1ZA substituted for Sch. 1 Pt. 1 (6.2.2012) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(3), 2(4), sch. (with art. 3)

F2

Sch. 1 Pt. 1 Class 3D(2)(za) inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 6(f) (with art. 2)