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The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment (No. 2) Order 2020

Type Scottish-Statutory-Instrument

Publication 2020-11-10

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 10th November 2020

Laid before the Scottish Parliament: 12th November 2020

Coming into force: 30th December 2020

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 30, 31 and 275 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) (Coronavirus) (Scotland) Amendment (No. 2) Order 2020 and comes into force on 30 December 2020.

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[^f00002] is amended in accordance with paragraph (2).

(2) In schedule 1 (permitted development), in Class 72C (development by local authorities and health service bodies) in paragraph (3)(b) for “31st December 2020” substitute “1 July 2021”.

Signed

AILEEN CAMPBELL — Authorised to sign by the Scottish Ministers — 10th November 2020

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Article 2 amends Class 72C. This Class was inserted by the Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment Order 2020. Class 72C allows local authorities and certain health service bodies to carry out development for the purposes of—

preventing an emergency,

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

taking other action in connection with an emergency.

For these purposes, an emergency is an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.

The development permitted is subject to conditions which are set out in paragraph (3) of Class 72C. These conditions currently include a requirement that any use of the land for the purposes of Class 72C ceases on or before 31 December 2020. This Order amends that condition so that the requirement will be that any use of the land for the purposes of Class 72C ceases on or before 1July2021.

Footnotes

[^f00001]: 1997 c.8. Section 275 was relevantly amended by section 54(16) of the Planning etc. (Scotland) Act 2006 (asp 17) and paragraph 32 of schedule 3 of the Regulatory Reform (Scotland) Act 2014 (asp 3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: S.I. 1992/223 which has been relevantly amended by S.S.I. 2020/129.

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