OpenLegislation

Paragraph 9C F1

(1)

The extension or alteration of—

(a)

a school, college, university or hospital building;

(b)

a nursing home or building used for the provision of care (other than a use within class 9 of the Use Classes Order).

(2)

Development is not permitted by this class if—

(a)

the gross floor space of the original building would be exceeded by more than—

(i)

25%; or

(ii)

100 square metres;

whichever is the lesser;

(b)

the height of the building as extended or altered would exceed 4 metres;

(c)

any part of the development, other than an alteration would be within 10 metres of any boundary of the curtilage of the premises;

(d)

the development would result in a reduction in the space available for the parking or turning of vehicles;

(e)

the development would result in any land used as a playing field when the development commenced being no longer capable of such use;

(f)

the development would consist of or include the construction or provision of a veranda, balcony, or raised platform;

(g)

the development would consist of or include the construction or provision of an incinerator;

(h)

the development would constitute development of any of the classes specified in Schedule 2 (bad neighbour development); F2...

(i)

the building as extended or altered is to be used for a purpose other than that of the undertaking concerned;

(F3j)

it would be development described in class 7A(1).

(3)

Development is not permitted by this class in the case of land within—

(a)

a site of archaeological interest;

(b)

a national scenic area;

(c)

a historic garden or designed landscape;

(d)

a historic battlefield;

(e)

a conservation area;

(f)

a National Park; or

(g)

a World Heritage Site.

(4)

For the purposes of this class—

(a)

any reference to height is a reference to height when measured from ground level and ground level means the level of the surface of the ground immediately adjacent to the building or structure or, where the level of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it;

(b)

“care” means personal care including the provision of appropriate help with physical and social needs or support including medical care and treatment; and

  • “raised platform” means a platform with a height greater than 300 millimetres;

  • F4...

Annotations

Textual amendments

F1

Sch. 1 Pts. 2A-2E inserted (30.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), arts. 1(1), 2(4), sch. (as amended (29.6.2014) by S.S.I. 2014/184, art. 2(2))

F2

Word in Sch. 1 Pt. 2B Class 9C(2)(h) omitted (24.5.2024) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 10(a) (with art. 2)

F3

Sch. 1 Pt. 2B Class 9C(2)(j) inserted (24.5.2024) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 10(a) (with art. 2)

F4

Words in Sch. 1 Pt. 2B Class 9C(4)(b) omitted (24.5.2024) by virtue of The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 (S.S.I. 2024/102), arts. 1, 10(b) (with art. 2)