The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009

Made: 5th February 2009

Laid before the Scottish Parliament: 6th February 2009

Coming into force: 12th March 2009

The Scottish Ministers make the following Order, in exercise of the powers conferred by sections 30 and 31 of the Town and Country Planning (Scotland) Act 1997[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

This Order may be cited as the Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009 and comes into force on 12th March 2009.

Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

2

• (1) The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (“the 1992 Order”)[^f00002] is amended in accordance with paragraph (2).

• (2) The provisions in the Schedule to this Order are inserted after Part 1 (Development within the curtilage of a dwellinghouse) of Schedule 1 to the 1992 Order.

SCHEDULE

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 5th February 2009

Explanatory note

(This note is not part of the Order)

This Order amends Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Schedule 1 confers permitted development rights in respect of certain development and where such rights apply, no specific application for planning permission is needed. This Order extends permitted development rights to certain individual microgeneration technologies.

Article 2 (2) and the Schedule inserts a new Part 1A into Schedule 1 of the 1992 Order. It provides permitted development rights for the installation of specified types of microgeneration equipment on or within the curtilage of dwellinghouses or flats, subject to certain criteria. These types of microgeneration equipment include: solar type=start time=1272453038939thermal and photovoltaic panelstype=end time=1272453038939; flues for biomass systems; ground source heat pumps; water source heat pumps and flues for combined heat and power devices.

A regulatory impact assessment has been prepared in relation to this Order and can be obtained free of charge from the Scottish Government Planning Directorate, Area 2H, Victoria Quay, Edinburgh, EH6 6QQ.

Footnotes

[^f00001]: 1997 c. 8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the type=start time=1272452926750Scotland Act 1998 (c. 46)type=end time=1272452926750.

[^f00002]: S.I. 1992/223, to which there are amendments not relevant to this Order.

[^f00003]: 1995 c. 25.

[^f00004]: 2004 c. 20.

[^f00005]: See command paper 9424.