# The Town and Country Planning (General Permitted Development) (Scotland) Order 1992, Paragraph 6K


(1) The carrying out on agricultural land comprised in an agricultural unit of works for the erection, extension or alteration of a non-domestic building or structure for the purpose of—
(a) the generation (including cogeneration) of energy from burning biomass;
(b) the generation (including cogeneration) of energy from anaerobic digestion of biomass; or
(c) the storing of biomass,
including works for the installation, alteration or replacement of a flue forming part of the biomass equipment.
(2) Development is not permitted by this class if—
(a) the development would be carried out on agricultural land less than 0.4 hectares in area;
(b) the ground area to be covered by any building or structure erected or any building or structure as extended or altered, would exceed 465 square metres;
(c) the height of any part of the building, structure or flue within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;
(d) the height of any part of the building, structure or flue outwith 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;
(e) any part of the development would be within 25 metres of a classified road; or
(f) any part of the development would be situated within 400 metres of the curtilage of a protected building.
(3) Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of a non-domestic building would exceed—
(a) in relation to the generation of electricity, 50 kilowatts; or
(b) in relation to the production of heat, 45 kilowatts thermal.
(4) Development for the purposes of generating energy from burning biomass is not permitted by this class in the case of land within an air quality management area.
(5) Development for the purposes of generating energy from burning biomass is not permitted by this class if—
(a) it would require more than one flue to be connected to the biomass equipment;
(b) the flue forming part of the biomass equipment would be either—
(i) greater than 500 millimetres in diameter; or
(ii) in the case of an alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.
(6) Development consisting of the erection of a building, structure or flue or the significant extension or significant alteration of a building, structure or flue is permitted by this class subject to the following conditions—
(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 will be required in respect of the siting, design and external appearance of the proposed building, structure or flue;
(b) the application is to be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;
(c) the development is not to be commenced before the occurrence of one of the following—
(i) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;
(ii) where the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval;
(iii) 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;
(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—
(i) where prior approval is required, in accordance with the details approved; or
(ii) where prior approval is not required, in accordance with the details submitted with the application; and
(e) the development is to be carried out—
(i) where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given;
(ii) in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in sub-paragraph (6)(b).
(7) For the purposes of this class—
(a) the area of 0.4 hectares referred to in sub-paragraph (2)(a) shall comprise one piece of land except within the areas of the following planning authorities, namely Argyll and Bute Council, Highland Council, Orkney Islands Council, Shetland Islands Council and Comhairle nan Eilean Siar, where the area of 0.4 hectares may be calculated by adding together the areas of separate parcels of land;
(b) the ground area referred to in sub-paragraph (2)(b) is the sum of—
(i) the ground area which would be covered by the proposed development; and
(ii) the ground area of any building (other than a dwelling), or any structure, works, plant or machinery within the same unit which is being erected or has been erected within the preceding two years and any part of which would be within 90 metres of the proposed development; and
(c) the 400 metres measurement referred to in sub-paragraph (2)(f) is to be measured along the ground.
(8) In this class—
“agricultural land” means land which, before development permitted under this Order is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden or any land used for the purposes of fish farming;
“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture other than fish farming, but includes—
(a)any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit; or
(b)any dwelling on that land occupied by a farmworker;
“fish farming” means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for transfer to other waters;
“the purposes of agriculture” includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used; and
“protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—
(a)a building within the agricultural unit; or
(b)a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

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Source: https://www.legislation.gov.uk/uksi/1992/223/schedule/1/class/6k (the official version)
Page: https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/class/6k
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.