Legalize / United Kingdom / Statutory-Instrument

The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1992

Type Statutory-Instrument

Publication 1992-08-31

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 31st August 1992

Laid before Parliament: 4th September 1992

Coming into force: 25th September 1992

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:

Citation and commencement

1

This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1992 and shall come into force on 25 September 1992.

Amendment of General Permitted Development Order

2

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992[^f00002] is hereby amended as follows:—

(a) In article 2—

(i) in paragraph (1) in the definition of “existing”, after the word “machinery” shall be inserted the words “or any use”;

(ii) paragraph (3) shall be omitted.

(b) In article 3 after paragraph (4) shall be inserted —

(4A) The permission granted by Schedule 1 shall not apply if — (a) in the case of a permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful; (b) in the case of permission granted in connection with an existing use, that use is unlawful.

Signed

Allan Stewart — Parliamentary Under Secretary of State, Scottish Office — 31st August 1992

Explanatory note

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 to provide that permitted development rights may only be exercised in relation to an existing use or building if the existing use or the building operations in respect of the construction of the existing building are lawful.

Footnotes

[^f00001]: 1972 c. 52; section 21(1) to (3) was substituted by the Planning and Compensation Act 1991 (c. 34), Schedule 13, paragraph 5.

[^f00002]: S.I. 1992/223, as amended by S.I. 1992/1078.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.