Paragraph 72C F1

(1)

Development by, or on behalf of, a local authorityor health service body for the purposes of—

(a)

preventing an emergency,

(b)

reducing, controlling or mitigating the effects of an emergency, or

(c)

taking other action in connection with an emergency.

(2)

Development is not permitted by this Class if—

(a)

any part of the development is on land which is, or forms part of—

(i)

a site of special scientific interest,

(ii)

site of archeological interest,

(iii)

a historic battlefield, or

(iv)

a historic garden or designed landscape,

(b)

any development, other than a change of use, would be carried out within 5 metres of any boundary of the curtilage of a dwellinghouse,

(c)

the height of any new building exceeds—

(i)

a height of 6 metres above ground where any part of the new building is within 10 metres of any boundary of the land, or

(ii)

a height of 18 metres above the ground, or, where the development is within the curtilage of a building, the height of the highest part of the roof of the original building, whichever is the greater,

(d)

the height of any building enlarged, improved or altered exceeds—

(i)

the height of the highest part of the roof of the original building, or a height of 6 metres above the ground, whichever is the greater, where any part of the enlarged, improved or altered building is within 10 metres of an boundary of the curtilage of the original building, or

(ii)

the height of the highest part of the roof of the original building, or height of 18 metres above the ground, whichever is the greater, or

(e)

any moveable structure, works, plant or machinery required temporarily and in connection with and for the duration of the development would be located in a position—

(i)

within 5 metres of any boundary of the land, or

(ii)

within 10 metres of any boundary of the curtilage of a dwellinghouse.

(3)

Development is permitted by this Class subject to the following conditions—

(a)

if the developer is not the planning authority, the developer must, as soon as practicable after commencing development, notify the planning authority of the development,

(b)

any use of the land for the purposes of this Class ceases on or before F230 June 2022, and

(c)

on or before the expiry of a period of 6 months beginning with the date on which the use of the land ceases for the purpose of this Class—

(i)

any building, works, plant, machinery, structure or erection permitted by this Class is removed, and

(ii)

the land is restored to its condition before the development took place or to such other state as may be approved by the planning authority.

Annotations

Textual amendments

F1: Sch. 1 Pt. 25C inserted (24.4.2020) by The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment Order 2020 (S.S.I. 2020/129), arts. 1, 3
F2: Words in Sch. 1 Pt. 25C Class 72C(3)(b) substituted (30.12.2021) by The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment (No. 2) Order 2021 (S.S.I. 2021/411), arts. 1, 2(2)(a)