Paragraph 7

Scotland

(1)

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

(2)

Development is not permitted by this class if—

(a)

the height of any gate, fence, wall or other means of enclosure to be erected or constructed within 20 metres of a road would, after the carrying out of the development, exceed one metre above ground level;

(b)

the height of any other gate, fence, wall or other means of enclosure to be erected or constructed would exceed two metres above ground level;

(c)

the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d)

it would involve development within the curtilage of, or in respect of a gate, fence, wall or other means of enclosure surrounding, a listed building F1or

(e)

it would be development described in class 3E(1).

Annotations

Textual amendments

F1: Sch. 1 Pt. 2 Class 7(2)(e) and word inserted (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(7)

Notes on Part 2

Modifications

C1: Sch. 1 Pt. 2 modified (19.8.2014) by The Port of Ardersier Harbour Revision Order 2014 (S.S.I. 2014/224), art. 1(1), sch. para. 1(2) (with arts. 31, 32, 34)
C2: Sch. 1 Pt. 2 modified (19.8.2014) by The Port of Ardersier Harbour Revision Order 2014 (S.S.I. 2014/224), art. 1(1), sch. para. 1(1) (with arts. 31, 32, 34)

Commencement

I1: Sch. 1 Pt. 2 in force at 13.3.1992, see art. 1(4)