The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009

Made: 12th February 2009

Coming into force: 6th April 2009

In accordance with section 26A(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and come into force on 6th April 2009.

• (2) In these Regulations–

• “the Act” means the Town and Country Planning (Scotland) Act 1997;

• “industrial process” means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to– the making of any article or part of any article including a ship or vessel or a film, video or sound recording; the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the dressing or treatment of minerals;

• “site” means the land to which development relates.

Hierarchy of Developments

2

• (1) The classes of development belonging to the category of major developments are–

• (a) development described in Column 1 of the table in the Schedule, where any applicable threshold or criterion in the corresponding part of Column 2 of that table is met or exceeded in relation to that development; and

• (b) any change to or extension of development of a class described in paragraphs 2 to 9 of Column 1 of that table where such a change or extension in itself meets or exceeds the appropriate threshold or criterion for that class of development.

• (2) All development other than national developments[^f00002] and major developments belongs to the category of local developments.

SCHEDULE — Major Developments

1

Schedule 1 development

2

Housing

3

Business & General Industry, Storage and Distribution

4

Electricity Generation

5

Waste Management Facilities

6

Transport and infrastructure projects

7

Fish Farming

8

Minerals

9

Other Development

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 12th February 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations describe and assign classes of development to the categories of major and local developments. Regulation 2(1)(a) provides that development of a class described in column 1 of the Schedule to the Regulations which meets or exceeds the corresponding threshold or criterion set out in column 2 belongs to the category of major developments. Regulation 2(1)(b) provides that an alteration or extension to such classes of development belongs to the category of major developments where the alteration or extension itself meets or exceeds the appropriate threshold or criterion. Regulation 2(1)(b) does not apply to the class of development described in paragraph 1 as Schedule 1 to the Environmental Impact Assessment (Scotland) Regulations 1999 already contains an equivalent provision in respect of such development.

Regulation 2(2) provides that development other than national developments and major developments belong to the category of local developments.

Footnotes

[^f00001]: 1997 c. 8. Section 26A was inserted by section 5 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00002]: The category of national developments are development or classes of development designated as such in the National Planning Framework under section 3A(4)(b) of the Town and Country Planning (Scotland) Act 1997 (c. 8), as inserted by section 1 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00003]: S.S.I. 1999/1, as amended by S.S.I. 2006/614, regulation 3.