The Town and Country Planning (General Development) (Scotland) Amendment Order 1991

Made: 31st January 1991

Laid before Parliament: 8th February 1991

Coming into force: 1st March 1991

The Secretary of State, in exercise of the powers conferred on him by sections 21 and 273(3) of the Town and Country Planning (Scotland) Act 1972[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:

1

This Order may be cited as the Town and Country Planning (General Development) (Scotland) Amendment Order 1991 and shall come into force on 1st March 1991.

2

For Class XV E in Part I of Schedule 1 to the Town and Country Planning (General Development) (Scotland) Order 1981[^f00002] (Electricity Undertakings) there shall be substituted the Class XV E set out in the Schedule to this Order.

3

Article 2 (d) of the Town and Country Planning (General Development) (Scotland) Amendment Order 1990[^f00003] is hereby revoked.

SCHEDULE

Signed

James Douglas-Hamilton — Edinburgh Parliamentary Under Secretary of State, — Scottish Office — 31st January 1991

Explanatory note

(This note is not part of the Order)

This Order substitutes a new Class XVE in Schedule 1 to the Town and Country Planning (General Development) (Scotland) Order 1981 following the enactment of the Electricity Act 1989 and Regulations made thereunder.

Class XVE sets out development by electricity undertakers which is permitted development and may thus be carried out without the need to apply for planning permission, and sets out the conditions which apply to such development.

There are two changes–

• (1) An undertaker will in future be permitted to install or replace an electric line without applying for planning permission, when consent under section 37 of the Electricity Act 1989 is not required to that installation by virtue of the Overhead Lines (Exemption) Regulations 1990 (S.I. 1990/2035). (The relevant provisions are in the Schedule to this Order, column (1) sub-paragraphs (a)(i) and (b)(i) of paragraph (5), and column (2) conditions (1), (2) and (3).).

• (2) An undertaker will be permitted to install (or replace) a telecommunications line between an electric line and an electrical plant or building. (The relevant provisions are in the Schedule to this Order, column (1) sub-paragraphs (a)(ii) and (b)(ii) of paragraph (5).).

Other provisions of Class XVE (including those previously amended) are re-enacted.

Footnotes

[^f00001]: 1972 c. 52.

[^f00002]: S.I. 1981/830; a relevant amending instrument is S.I. 1990/508.

[^f00003]: S.I. 1990/508.

[^f00004]: 1989 c. 29.

[^f00005]: 1984 c. 12.

[^f00006]: 1989 c. 29.