OpenLegislation

Paragraph 6M F1

(1)

The extension or alteration of an industrial building or a warehouse for the purpose of either or both—

(a)

the generation (including cogeneration) of energy from burning biomass;

(b)

the storage 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 height of the building, structure or flue as extended or altered would exceed the height of the original building, structure or flue;

(b)

the floor area of the original building would be exceeded by more than 25% or 1,000 square metres whichever is the greater;

(c)

the external appearance of the premises of the undertaking concerned would be materially affected;

(d)

any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(e)

the development would lead to a reduction in the space available for the parking or turning of vehicles.

(3)

Development is not permitted by this class if the total output capacity of all microgeneration installed within the curtilage of an industrial warehouse or 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 the generation of energy from burning biomass is not permitted by this class—

(a)

in the case of land within an air quality management area;

(b)

if it would require more than one flue to be connected to the biomass equipment;

(c)

if the flue forming part of the biomass equipment would be either—

(i)

greater than 500 millimetres in diameter; or

(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.

(5)

Development is permitted by this class subject to the condition that where any building, structure or flue is extended or altered the extension or alteration must only be used to house equipment required in connection with the generation of energy from burning biomass.

(6)

For the purposes of this class—

(a)

the erection of any additional building within the curtilage of another building, whether by virtue of this class or otherwise, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b)

where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(c)

“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking but does not include a building on land in or adjacent to and occupied together with a mine; and

(d)

“warehouse” means a building used as a wholesale warehouse, or repository for any purpose and does not include a building on land in or adjacent to and occupied together with a mine.

Annotations

Textual amendments

F1

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)

Notes on Part 1B

Textual amendments

F2

Words in Sch. 1 Pt. 1B heading inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 7(a) (with art. 2)