{
  "url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/class/6l",
  "json_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/class/6l.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/6l",
  "kind": "paragraph",
  "number": "6L",
  "heading": null,
  "text": "(1) The carrying out on land used for the purposes of forestry, including afforestation works for the erection, extension or alteration of a non-domestic building or structure for the purpose of—\n(a) the generation (including cogeneration) of energy from burning biomass;\n(b) the generation (including cogeneration) of energy from anaerobic digestion of biomass; or\n(c) the storing of biomass\nincluding works for the installation, alteration or replacement of a flue forming part of the biomass equipment.\n(2) Development is not permitted by this class if—\n(a) the height of any building, structure or flue within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height;\n(b) any part of the development would be within 25 metres of a classified road; or\n(c) any part of the development would be situated within 400 metres of the curtilage of a protected building.\n(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—\n(a) in relation to the generation of electricity, 50 kilowatts; or\n(b) in relation to the production of heat, 45 kilowatts thermal.\n(4) Development for the purposes of the generation of energy from burning biomass is not permitted by this class—\n(a) in the case of land within an air quality management area;\n(b) if it would require more than one flue to be connected to biomass equipment;\n(c) if the flue forming part of the biomass equipment would be either—\n(i) greater than 500 millimetres in diameter; or\n(ii) in the case of the alteration to or replacement of an existing flue which is greater than 500 millimetres in diameter, greater in diameter than the existing flue.\n(5) Development 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 will be required in respect of the siting, design and external appearance of the proposed building, structure or flue;\n(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;\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 such prior approval is not required;\n(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;\n(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;\n(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—\n(i) where prior approval is required, in accordance with the details approved;\n(ii) where prior approval is not required, in accordance with the details submitted with the application; and\n(e) the development is to be carried out—\n(i) where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given;\n(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 (5)(b).\n(6) For the purposes of this class, “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 building on land used for the purposes of forestry including afforestation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 Pt. 1B inserted (18.3.2011) by The Town and Country Planning (General Permitted Development) (Non-Domestic Microgeneration) (Scotland) Amendment Order 2011 (S.S.I. 2011/136), arts. 1, 2(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/223/schedule/1/class/6l",
    "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."
}