Legalize / United Kingdom / Statutory-Instrument

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

Type Statutory-Instrument

Publication 1992-02-11

Last updated 2026-04-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(aa) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb) where the planning authority gives the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc) the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv) the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details submitted with the application;

(v) the development shall be carried out—

(aa) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb) in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (a)(ii);

(b) development consisting of the significant extension or the significant alteration of a building, may be carried out only once in respect of that building.

(4A) Development consisting of the formation or alteration of a private way is permitted by this class subject to the following conditions—

(a) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the design, manner of construction or route of the private way;

(b) the application is to be accompanied by—

(i) a description of the proposed development, including the proposed design and manner of construction, details of the materials to be used and a plan indicating the route of the private way; and

(ii) any fee required to be paid;

(i) the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii) the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii) the applicant has (or to the extent required has) received such approval from the planning authority;

(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i) to the extent to which prior approval is required, in accordance with the details approved;

(ii) to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(e) the development is to be carried out within a period of 3 years from the date on which all approvals required in accordance with this paragraph have been given.

(5) For the purposes of this class—

(a) the area of 0.4 hectares shall comprise one piece of land except within the areas of the following planning authorities, namely Argyll and Bute District Council, Badenoch and Strathspey District Council, Caithness District Council, Inverness District Council, Lochaber District Council, Orkney Islands Council, Ross and Cromarty District Council, Shetland Islands Council, Skye and Lochalsh District Council, Sutherland District Council and Western Isles Islands Council, where the area of 0.4 hectares may be calculated by adding together the areas of separate parcels of land;

(b) the ground area referred to in sub-paragraph (2)(d) is the sum of—

(i) the ground area which would be covered by the proposed development; and

(ii) the ground area of any building (other than a dwelling), or any structure, works, plant or machinery within the same unit which is being provided or has been provided within the preceding two years and any part of which would be within 90 metres of the proposed development;

(d) “protected building” means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

(i) a building within the agricultural unit;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

19

(1) The winning and working on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.

(2) Development is not permitted by this class if any excavation would be made within 25 metres of the metalled portion of a trunk or classified road or a railway line.

(3) Development is permitted by this class subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture.

20

The carrying out of any works required in connection with the improvement or maintenance of watercourses or land drainage works.

Peat

21

The winning and working of peat by any person for the domestic requirements of that person.

Interpretation of Part 6

For the purposes of Part 6—

“agricultural land” means land which, before development permitted under this Order is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden or any land used for the purposes of fish farming;

“agricultural unit” means agricultural land which is occupied as a unit for the purposes of agriculture other than fish farming, but includes—any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit; orany dwelling on that land occupied by a farmworker;

“building” does not include anything resulting from engineering operations;

“designated area” means— a national scenic area,a National Parka World Heritage Site,a historic garden or designed landscape,the curtilage of a category A listed building,a site of archaeological interest,a conservation area,

“fish farming” means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consump tion or for transfer to other waters;

“the purposes of agriculture” includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used;

“significant extension” and “significant alteration” mean— in respect of the period before 1 April 2021, any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building,in respect of the period beginning on 1 April 2021, any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 20% or the height of the building as extended or altered would exceed the height of the original building,

“slurry” means animal faeces and urine whether or not water has been added,

22

(1) The carrying out on land used for the purposes of forestry, including afforestation, or in the case of sub-paragraph (c) land held or occupied with that land, of development reasonably necessary for those purposes consisting of—

(a) works for the erection, extension or alteration of a building;

(b) the formation, alteration or maintenance of private ways;

(c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways;

(d) other operations (not including engineering or mining operations).

(1A) Development is not permitted by this class if, in the case of any development referred to in sub-paragraph (1)(a), the land is within a historic battlefield.

(2) Subject to sub-paragraph (3), development is not permitted by this class if—

(a) it would consist of or include the provision or alteration of a dwelling;

(b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; or

(a) Development consisting of the erection of a building or the significant extension or significant alteration of a building ... is permitted by this class subject to the following conditions:—

(i) the developer shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;

(ii) the application shall be accompanied by a written description of the proposed develop ment, the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii) the development shall not be begun before the occurrrence of one of the following:—

(aa) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb) where the planning authority gives the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc) the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv) the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details submitted with the application;

(v) the development shall be carried out—

(aa) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb) in any case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (a)(ii);

(b) development consisting of the significant extension or the significant alteration of a building may be carried out only once in respect of that building.

(4) Development consisting of the formation or alteration of a private way is permitted by this class subject to the following conditions:—

(a) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the design, manner of construction or route of the private way;

(b) the application is to be accompanied by—

(i) a description of the proposed development, including the proposed design and manner of construction, details of the materials to be used and a plan indicating the route of the private way; and

(ii) any fee required to be paid;

(i) the receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required;

(ii) the expiry of a period of 28 days following the date on which the application was received by the planning authority without the planning authority giving notice to the applicant of their determination that, or the extent to which, such approval is required; or

(iii) the applicant has (or to the extent required has) received such approval from the planning authority;

(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out—

(i) to the extent to which prior approval is required, in accordance with the details approved;

(ii) to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(e) the development is to be carried out within a period of 3 years from the date on which all approvals required in accordance with this paragraph have been given.

23

(1) The extension or alteration of an industrial building or a warehouse.

(2) Development is not permitted by this class if—

(a) the building as extended or altered is to be used for purposes other than those of the undertaking concerned;

(b) the building is to be used for a purpose other than—

(i) in the case of an industrial building as extended or altered the carrying out of an industrial process or the provision of employee facilities;

(ii) in the case of a warehouse, as extended or altered for storage or distribution or for the provision of employee facilities;

(d) the floor area of the original building would be exceeded by more than 25% or 1,000 square metres whichever is the greater;

(e) the external appearance of the premises of the undertaking concerned would be materially affected;

(f) any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(g) the development would lead to a reduction in the space available for the parking or turning of vehicles.

(3) Development is permitted by this class subject to the conditions that where any building is extended or altered—

(a) in the case of an industrial building, it shall only be used for the carrying out of an industrial process for the purpose of the undertaking or the provision of employee facilities;

(b) in the case of a warehouse, it shall only be used for storage or distribution for the purposes of the undertaking or the provision of employee facilities;

(c) it shall not be used to provide employee facilities between 7 pm and 6.30 am for employees other than those present at the premises of the undertaking for the purpose of their employment;

(d) it shall not be used to provide employee facilities if a notifiable quantity of a hazardous substance is present at the premises of the undertaking.

(4) Development is permitted for the purpose of carrying out any ancillary social, recreational or welfare purpose on condition that such uses shall not be carried on in a building any part of which is used for a hazardous activity.

(5) For the purposes of this class—

(a) the erection of any additional building within the curtilage of another building, whether by virtue of this class or otherwise, and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

24

(1) Development carried out on industrial land for the purposes of an industrial process consisting of—

(a) the installation of additional or replacement plant or machinery;

(b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

(2) Development is not permitted by this class if—

(a) it would materially affect the external appearance of the premises of the undertaking concerned; or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

(3) In this class “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine.

25

(1) The provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purposes of the undertaking concerned.

(2) Development is not permitted by this class in the case of land within—

(a) a site of archaeological interest;

(b) a national scenic area;

(d) a historic battlefield;

(e) a conservation area;

(f) a National Park; or

(g) a World Heritage Site.

(3) Development is permitted by this class subject to the following conditions—

(a) the hard surface must be made of porous materials; or

(b) provision must be made to direct run off water from the hard surface to a permeable or porous area or surface within the curtilage of the industrial building or warehouse.

26

(1) The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

(2) Development is not permitted by this class if—

(a) the waste material is or includes material resulting from the winning and working of minerals; or

(b) the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.

27

(1) The carrying out on land within the boundaries of a private road or private way of works required for the maintenance or improvement of the road or way.

(2) For the purpose of this class—

“private road” has the meaning assigned to it by section 151(1) of the Roads (Scotland) Act 1984[^f00029].

28

(1) The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

(2) Development is permitted by this class subject to the condition that on completion of the works or nine months after commencement of the works, whichever is the earlier, the land shall be restored to—

(a) the condition it was in before the works were carried out; or

(b) such condition as may be acceptable to the planning authority.

29

(1) Development authorised by—

(a) a local or private Act of Parliament or of the Scottish Parliament;

(b) an order approved by both Houses of Parliament or by the Scottish Parliament; or

which in each case designates specifically the nature of the development authorised and the land upon which it may be carried out.

(2) Development is not permitted by this class if it consists of or includes—

(a) the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam; or

(b) the formation, laying out or alteration of a means of access to any road used by vehicular traffic,

unless the prior approval of the planning authority in respect of the detailed plans and specifications is first obtained.

(3) The prior approval referred to in sub-paragraph (2) shall not be refused by the planning authority or granted subject to conditions unless they are satisfied that—

(a) in any case (other than the provision of works carried out to a dam) the development ought to be and could reasonably be carried out elsewhere on the land designated specifically in the said Act or order; or

(b) the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

30

The erection or construction and the maintenance, improvement or other alteration by a local authority of—

(a) any building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity on land belonging to or maintained by them, being building, works or equipment required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;

(b) street furniture (including electric vehicle charging points and any associated infrastructure) required in connection with the operation of any public service administered by them.

31

The carrying out by a roads authority–

(a) on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where said works involve development by virtue of section 26(2)(b) of the Act; or

(b) on land outside but adjoining the boundary of an existing road of works required for or incidental to the maintenance or improvement of the road.

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

The carrying out, within their own district by a local authority of—

(a) works for the erection of dwellings, so long as those works conform to a local plan adopted under section 12 of the Act[^f00031];

(b) any development under the Housing (Scotland) Act 1987[^f00032] not being development to which the last foregoing sub-paragraph applies so long as the development conforms to a local plan adopted under section 12 of the Act;

(i) development of any of the classes specified in Schedule 2 (bad neighbour development); or

(ii) development which constitutes a material change in the use of any buildings or other land.

In this class “dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building.

34

(1) Development by railway undertakers or their lessees on their operational land, required in connection with the movement of traffic by rail.

(2) Development is not permitted by this class if it consists of or includes—

(a) the construction of a railway;

(b) the construction or erection of a hotel, railway station or bridge; or

(i) an office, or a building used for either residential or educational purposes or for an industrial process;

(ii) a car park, shop, restaurant, garage or petrol filling station.

(3) For the purposes of this class—

(a) references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appear ance would be materially affected;

(b) the reference to industrial process does not include the washing, maintenance and cleaning of rolling stock.

35

(1) The carrying out of development on operational land by statutory undertakers, or their lessees or agents, in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a) for the purposes of shipping; ...

(b) in connection with the embarking, disembarking, loading, discharging or transport of passen gers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking;

(2) Development is not permitted by this class if it consists of or includes—

(a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic;

(b) the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—

(i) a building used for educational purposes; ...

(ii) a car park, shop, restaurant, garage or petrol filling station;

(iii) where development falls with paragraph (1)(c)—

(aa) the erection of a building other than an operational building, or

(bb) the alteration or reconstruction of a building other than an operational building where its design or external appearance would be materially affected.

(2A) Development is permitted by this class subject to the condition that notice of the development is given to the planning authority before any development is carried out unless that development—

(a) is urgently required for the efficient running of the dock, pier, harbour, water transport, canal or inland navigation undertaking, and

(b) consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

(3) For the purposes of this class references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964.

Works to inland waterways

36

The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968[^f00033] applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

Dredgings

37

The use of any operational land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertaking for the spreading of any dredged material.

Water undertakings

38

(1) For the purposes of water undertakings development of any of the following descriptions—

(a) the laying underground of mains, pipes or other apparatus;

(b) the installation in a water distribution system of a booster station, valve house, meter or switchgear house;

(c) the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation;

(d) any other development carried out in, on, over or under the operational land other than the provision of a building but including the extension or alteration of a building.

(2) Development is not permitted by this class if—

(a) it would include the construction of a reservoir;

(b) in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a booster station or valve house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a road used by vehicular traffic;

(c) in the case of any development referred to in sub-paragraph (1)(d), it would consist of or include the extension or alteration of a building so that—

(i) its design or external appearance would be materially affected;

(ii) the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%; or

(iii) the floor area of the original building would be exceeded by more than 1,000 square metres; or

(d) in the case of any development referred to in sub-paragraph (1)(d), it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

(3) Development is permitted by sub-paragraph (1)(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the planning authority).

Gas suppliers

39

(1) Development by a public gas transporter required for the purposes of its undertaking consisting of—

(a) the laying underground of mains, pipes or other apparatus;

(b) the installation in a gas distribution system of apparatus for measuring, recording, controlling or varying the pressure, flow or volume of gas, and structures for housing such apparatus;

(c) the construction in any storage area or protective area specified in an order made under section 4 of the Gas Act 1965[^f00034], of boreholes, and the erection or construction in any such area of any plant or machinery required in connection with the construction of such boreholes;

(d) the placing and storage on land of pipes and other apparatus to be included in a main pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

(e) the erection on operational land of the public gas transporter of a building solely for the protection of plant or machinery; and

(f) any other development carried out in, on, over or under the operational land of the public gas transporter.

(2) Development is not permitted by this class if—

(a) in the case of any development referred to in sub-paragraph (1)(b) involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a road used by vehicular traffic;

(b) in the case of any development referred to in sub-paragraph (1)(c)—

(i) the borehole is shown in an order approved by the Secretary of State for Energy for the purpose of section 4(6) of the Gas Act 1965[^f00035]; or

(ii) any plant or machinery would exceed 6 metres in height;

(c) in the case of any development referred to in sub-paragraph (1)(e), the building would exceed 15 metres in height; or

(d) in the case of any development referred to in sub-paragraph (1)(f)—

(i) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii) it would involve the installation of plant or machinery exceeding 15 metres in height, or capable without the carrying out of additional works of being extended to a height exceeding 15 metres; or

(iii) it would consist of or include the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater.

(3) Development is permitted by this class subject to the following conditions:—

(a) in the case of any development referred to in sub-paragraph (1)(a), not less than 8 weeks before the beginning of operations to lay a notifiable pipeline, the public gas transporter shall give notice in writing to the planning authority of its intention to carry out that development, identifying the land under which the pipeline is to be laid;

(b) in the case of any development referred to in sub-paragraph (1)(d), on completion of the laying or construction of the main or pipe, or at the expiry of a period of 9 months from the beginning of the development, whichever is the sooner, the pipe or apparatus shall be removed and the land restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

(i) the public gas transporter shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;

(ii) the application shall be accompanied by a written description of the proposed development and the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii) the development shall not be begun before the occurrence of one of the following:—

(aa) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb) where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc) the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv) the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details submitted with the application;

(v) the development shall be carried out—

(aa) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb) in any other case, within a perio d of five years from the date on which the planning authority were given the information referred to in sub-paragraph (c)(ii).

(4) For the purposes of this class—

“notifiable pipeline” means a pipeline (as that term is defined in section 65 of the Pipelines Act 1962[^f00036] which contains or is intended to contain a hazardous substance, but does not include a pipeline which has been authorised under section 1 of the Pipelines Act 1962, or a pipeline which contains, or is intended to contain, no hazardous substance other than—a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; ora flammable liquid, as specified in item 4 of Part II of the said Schedule.

Electricity undertakings

40

(1) Development by an electricity undertaker for the purposes of their undertaking consisting of—

(a) the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transfor ming or switching stations or chambers reasonably necessary in connection with an electric line;

(b) the installation ... of any electronic communications line which connects any part of an electric line to any electrical plant or building, and the installation ... of any support for any such line;

(ba) the replacement of any electronic communications line which connects any part of an electric line to any electrical plant or building, and the replacement of any support for any such line,

(c) the carrying out of works for the purpose of survey or investigation and the installation of any plant or machinery reasonably necessary in connection with such works,

(ca) the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure,

(d) the extension or alteration of buildings on operational land of the undertaking;

(e) the erection on operational land of the undertaking of a building solely for the protection of plant or machinery; and

(f) any other development carried out in, on, over or under the operational land of the undertaking.

(2) Development is not permitted by this class if—

(a) in the case of any development referred to in sub-paragraph (1)(a)—

(i) it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Eletricity Act 1989[^f00037] applies; ...

(ii) it would consist of or include the installation or replacement at or above ground level or under a road used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed 45 cubic metres in capacity;

(iii) it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 3 metres in height, or

(iv) it would consist of, or include, the installation or replacement of a chamber for housing apparatus which would exceed 29 cubic metres in capacity and would be located—

(aa) within 5 metres of a dwelling,

(bb) in a national scenic area,

(cc) in a National Park,

(dd) in a conservation area,

(ee) in a historic garden or designed landscape,

(ff) in a historic battlefield,

(gg) in the curtilage of a listed building,

(hh) in the site of a scheduled monument,

(ii) in a World Heritage Site.

(b) in the case of any development referred to in sub-paragraph (1)(b)—

(i) the development would take place in a national scenic area or a site of special scientific interest;

(ii) the height of any support would exceed 15 metres; or

(iii) the electronic communications line would exceed 1,000 metres in length;

(ba) in the case of any development referred to in sub-paragraph (ca) if—

(i) the height of any gate, fence, wall or other means of enclosure to be erected or constructed would exceed 3 metres above ground level, or

(ii) the height of any existing gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or 3 metres above ground level,

(i) the height of the original building would be exceeded;

(ii) the cubic content of the original building would be exceeded by more than 25% (or 10% in the case of any building situated in a conservation area or a national scenic area);

(iii) the floor area of the original building would be exceeded by more than 1,000 square metres (or 500 square metres in the case of any building situated in a conservation area or a national scenic area);

(d) in the case of any development referred to in sub-paragraph (1)(e) the building would exceed 15 metres in height; or

(e) in the case of any development referred to in sub-paragraph (1)(f) it would consist of or include—

(i) the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected; or

(ii) the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.

(3) Development is permitted by this class subject to the following conditions:—

(a) in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the replacement of an existing electric line, any conditions contained in a planning permission relating to the height, design or position of the existing eletric line shall so far as possible apply to the replacement line;

(b) in the case of any development referred to in sub-paragraph (1)(a) consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place or to such condition as may have been agreed in writing between the planning authority and the developer;

(ba) in the case of any development referred to in paragraph (1)(ba)—

(i) the dimensions of the support for any electronic communications line are the same, or smaller than, the dimensions of the support being replaced,

(ii) the electronic communications line and any support for such line are in the same, or substantially the same, location as the those being replaced, and

(iii) no more electronic communications lines or supports for any such line are present than were present before the replacement,

(c) in the case of any development referred to in sub-paragraph (1)(c) on the completion of that development or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

(d) in the case of any development referred to in sub-paragraph (1)(e) which would exceed 3 metres in height—

(i) the statutory undertaker shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;

(ii) the application shall be accompanied by a written description of the proposed development and the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii) the development shall not be begun before the occurrence of one of the following:—

(aa) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

(bb) where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(cc) the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv) the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details -submitted with the application;

(v) the development shall be carried out—

(aa) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

(bb) in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (d)(ii).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purpose of this class—

“electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989[^f00038];

“electrical plant” has the meaning assigned to that term by the said section 64(1); ...

“electricity undertaker” means the holder of a licence under section 6 of the Electricity Act 1989,

“electronic communications line” means a wire or cable (including its casing or coating) which forms part of a an electronic communications apparatus within the meaning assigned to that term by paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003.

Tramway or road transport undertakings

41

(1) Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

(a) the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a road for the purpose of supplying current to public service vehicles;

(b) the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;

(c) the installation of telephone cables and apparatus, huts, stop posts and signs required in connec tion with the operation of public service vehicles;

(d) the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;

(e) any other development on operational land of the undertaking.

(2) Development is not permitted by this class, if it would consist of—

(a) in the case of any development referred to in sub-paragraph (1)(a), the installation of a structure exceeding 17 cubic metres in capacity,

(b) in the case of any development referred to in sub-paragraph (1)(e)—

(i) the erection of a building or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii) the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater;

(iii) development, not wholly within an omnibus or tramway station, in pursuance of powers contained in transport legislation.

(3) For the purposes of this class—

“public service vehicle” means a public service vehicle or tramcar within the meaning of the Public Passenger Vehicles Act 1981[^f00040] or a trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988[^f00041].

Lighthouse undertakings

42

(1) Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894[^f00042] and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the said Act of 1894.

(2) Development is not permitted by this class if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Post Office

43

(1) Development required for the purposes of a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part) consisting of—

(a) the installation of posting boxes, posting pouches or self-service machines;

(b) any other development carried out in, on, over or under the operational land of the undertaking.

(2) Development is not permitted by this class if—

(a) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(b) it would consist of or include the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any existing plant or machinery, whichever is the greater; or

44

(1) The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport.

(2) Development is not permitted by this class if it would consist of or include—

(a) the construction or extension of a runway;

(b) the erection of a building other than an operational building;

(c) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

(3) Development is permitted by this class subject to the condition that the relevant airport operator shall consult the planning authority before carrying out any development, unless that development falls within the description in sub-paragraph (4).

(4) Development falls within this sub-paragraph if—

(a) it is urgently required for the efficient running of the airport; and

(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

45

The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft using the airport; or

46

(1) The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft using the airport; or

(2) Development is not permitted by this class if—

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft, or monitoring the movement of aircraft using the airport;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Development by Civil Aviation Authority within an airport

47

The carrying out by the Civil Aviation Authority or its agents, within the perimeter of an airport at which the Authority provides air traffic control services, of development in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft using the airport; or

48

(1) The carrying out on operational land of the Civil Aviation Authority by the Authority or its agents of development in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft; or

(2) Development is not permitted by this class if—

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft or monitoring the movement of aircraft;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Development by Civil Aviation Authority in emergency

49

(1) The use of land by or on behalf of the Civil Aviation Authority in an emergency to station moveable apparatus replacing unserviceable apparatus.

(2) Development is permitted by this class subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

50

(1) The use of land by or on behalf of the Civil Aviation Authority to provide services and facilities in connection with—

(a) the provision of air traffic control services;

(b) the navigation of aircraft; or

and the erection or placing of moveable structures on the land for the purpose of that use.

(2) Development is permitted by this class subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Development by Civil Aviation Authority for surveys etc.

51

(1) The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

(2) Development is permitted by this class subject to the condition that on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Use of airport buildings managed by relevant airport operators

52

The use by a relevant airport operator of buildings within the perimeter of a relevant airport for purposes connected with air transport services or other flying activities at that airport.

Interpretation of Part 14

For the purpose of Part 14—

“operational building” means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;

“relevant airport” means an airport to which Part V of the Airports Act 1986[^f00043] applies;

“relevant airport operator” means a relevant airport operator within the meaning of section 57 of the Airports Act 1986.

53

(1) Development on any land during a period not exceeding 28 consecutive days consisting of—

(a) the drilling of boreholes;

(b) the carrying out of seismic surveys; or

for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.

(2) Development is not permitted by this class if—

(za) it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;

(a) it consists of the drilling of boreholes for petroleum exploration;

(b) any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

(c) any operation would be carried out within a national scenic area or a site of archaeological or special scientific interest;

(d) any explosive charge of more than 1 kilogram would be used;

(e) any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area;

(f) in the case described in sub-paragraph (1)(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or

(g) any structure assembled or provided would exceed 12 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.

(3) Development is permitted by this class subject to the following conditions:—

(a) no operations shall be carried out between 6pm and 7am;

(b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;

(c) before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d) within a period of 28 days from the cessation of operations unless the planning authority have, in a particular case, agreed otherwise in writing—

(i) any structure permitted by this class and any waste material arising from development permitted by this class shall be removed from the land;

(ii) any borehole shall be adequately sealed;

(iii) any other excavation shall be filled with material from the site;

(iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and

(v) the land shall, so far as is practicable, be restored to the condition it was in before the development took place, including the carrying out of any necessary seeding and replanting.

54

(1) Development on any land ... consisting of—

(a) the drilling of boreholes;

(b) the carrying out of seismic surveys; or

for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.

(2) Development is not permitted by this class if—

(za) it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;

(a) it consists of the drilling of boreholes for petroleum exploration;

(b) the developer has not previously notified the planning authority in writing of his intention to carry out the development specifying the nature and location of the development;

(d) any explosive charge of more than 2 kilograms would be used;

(e) any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area; or

(f) any structure assembled or provided would exceed 12 metres in height.

(3) Development is permitted by this class subject to the following conditions:—

(a) the development shall be carried out in accordance with the details in the notification referred to in sub-paragraph (2)(b), unless the planning authority have otherwise agreed in writing;

(b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;

(c) before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d) within a period of 28 days from the date of the operations ceasing, unless the planning authority have, in a particular case, agreed otherwise in writing—

(i) any structure permitted by this class and any waste material arising from development so permitted shall be removed from the land;

(ii) any borehole shall be adequately sealed;

(iii) any other excavation shall be filled with material from the site;

(iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and

(v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting;

(e) the development shall cease no later than a date 6 months after the relevant period has elapsed, unless the planning authority have otherwise agreed in writing.

55

(1) The carrying out of operations for the erection, extension, installation, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery;

(b) buildings;

(d) sewers, mains, pipes, cables or other similar apparatus,

on land used as a mine.

(2) Development is not permitted by this class—

(a) in relation to land at an underground mine—

(i) otherwise than on an approved site; or

(ii) from a date 6 months after the coming into force of this Order, on land falling within subparagraph (b) of the definition of “approved site” unless a plan of that land has before that date been deposited with the planning authority;

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or

(ii) the treatment, storage or removal from the mine of such minerals or waste materials derived from them;

(d) if any building, plant or machinery which is not in an excavation would exceed the height of—

(i) 15 metres above ground level; or

(ii) the building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greater;

(e) if any building, plant or machinery in an excavation would exceed the height of—

(i) 15 metres above the excavated ground level; or

(ii) 15 metres above the lowest point of the unexcavated ground immediately adjacent to the excavation; or

(iii) the building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greatest;

(f) if any building erected (other than a replacement building) would have a floor area exceeding 1,000 square metres; or

(g) if the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor area would exceed by more than 1,000 square metres the floor area of that building.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant or machinery permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b) the land shall be restored, so far as is practicable, to its condition before the development took place, or restored to such condition as may have been agreed in writing between the planning authority and the developer.

56

(1) The carrying out, on land used as a mine or on acillary mining land, with the prior approval of the planning authority, of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery;

(b) buildings; or

(2) Development is not permitted by this class—

(a) in relation to land at an underground mine—

(i) otherwise than on an approved site; or

(ii) from a date 6 months after the coming into force of this Order, on land falling within paragraph (b) of the definition of “approved site”, unless a plan of that land has, before that date, been deposited with the planning authority; or

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the operation of the mine;

(ii) the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine; or

(iii) the storage or removal from the mine of such minerals, their products or waste materials derived from them.

(3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications can reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(4) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant, machinery, structures or erections permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b) the land shall be restored, so far as is practicable, to its condition before the development took place or restored to such condition as may have been agreed in writing between the planning authority and the developer.

57

(1) The carrying out with the prior approval of the planning authority of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

(2) Development is not permitted by this class if it is carried out by the Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994.

(3) The prior approval of the planning authority to development permitted by this class is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant, machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level; or

(ii) where a building, plant or machinery is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (5) below.

(4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(5) The limits referred to in sub-paragraph (3)(c) are—

(a) that the cubic content of the building as extended, altered and replaced does not exceed that of the existing building by more than 25%; and

(b) that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

58

(1) Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of–

(a) the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

(2) Development is permitted by this class subject, except where sub-paragraph (3) applies, to the conditions that–

(a) except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the planning authority may agree in writing, apply to the planning authority for approval of a restoration scheme;

(b) where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;

(c) if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to the conditions that–

(i) reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later, and

(ii) aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later;

(d) where there is no approved restoration scheme–

(i) all buildings, plant, machinery, structures or erections used at any time for in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the planning authority have otherwise agreed in writing, and

(ii) that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the planning authority and the developer,

before the end of the period specified in sub-paragraph (2)(e);

(e) the period referred to in sub-paragraph (2)(d) is–

(i) the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (2)(a) before that date, 24 months from the date when that application has been finally determined, whichever is later, or

(ii) any longer period which the planning authority have agreed in writing;

(f) for the purposes of sub-paragraph (2), an application for approval of a restoration scheme has been finally determined when the following conditions have been met:–

(i) any proceedings on the application, including any proceedings on or in consequence of an application under section 233 of the Act, have been determined, and

(ii) any time for appealing under section 33, or applying or further applying under section 233, of that Act (where there is a right to do so) has expired.

(3) Sub-paragraph (2) shall not apply to land in respect of which there is an extant planning permission which–

(a) has been granted on an application under Part III of the Act, and

(b) has been implemented.

(4) For the purposes of this class–

“a licensee of the Coal Authority” means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies;

“approved restoration scheme” means a restoration scheme which is approved when an application made under sub-paragraph (2)( a) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the planning authority (with or without conditions);

“coal-related minerals” means minerals other than coal which are, or may be, won and worked by coal-mining operations;

“designated seam area” means land identified, in accordance with paragraph (a) of the definition of “seam plan”, in a seam plan which was deposited with the planning authority before 1st September 1994;

“previous coal-mining operations” has the same meaning as in section 54(3) of the Coal Industry Act 1994 and references in this class to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

“restoration scheme” means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine;

“seam plan” means a plan or plans on a scale of not less than 1 to 25,000 showing–land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at a mine at 29th June 1994, without further development on an authorised site other than development permitted by Class 59 of Schedule 1 to this Order;any active access used in connection with the land referred to in paragraph (a) of this definition;the National Grid lines and reference numbers shown on Ordnance Survey maps;a typical stratigraphic column showing the approximate depths of the coal seams referred to in paragraph (a) of this definition.

59

(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator, in connection with coal-mining operations.

(2) Development is not permitted by this class if—

(a) the external appearance of the mine would be materially affected;

(b) any building, plant or machinery, structure or erection or any deposit of minerals or waste—

(i) would exceed a height of 15 metres above ground level; or

(ii) where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater;

(d) the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor area would exceed by more than 1,000 square metres, the floor area of that building;

(e) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(f) from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not, before that date, been deposited with the planning authority.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer.

60

(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator in connection with coal-mining operations and with the prior approval of the planning authority.

(2) Development is not permitted by this class if—

(a) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(b) from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not before that date, been deposited with the planning authority.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land, unless the planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer.

(4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62

(1) The carrying out by the Coal Authority or a licensed operator, with the prior approval of the planning authority, of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

(2) The prior approval of the planning authority to development permitted by this class is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant or machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level; or

(ii) where any building, plant or machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (4).

(3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(4) The limits referred to in sub-paragraph (2)(c) are—

(i) that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%; and

(ii) that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

The removal of material of any description from a stockpile.

66

(1) The removal of material of any description from a mineral working deposit other than a stockpile.

(2) Development is not permitted by this class if—

(a) the developer has not previously notified the planning authority in writing of his intention to carry out development together with the appropriate details;

(b) the deposit covers a ground area exceeding 2 hectares, unless the deposit contains any mineral or other material deposited on the land at a date 5 years or less before the date on which it would be removed; or

(c) the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or corresponding provisions contained in a previous development order.

(3) Development is permitted by this class subject to the following conditions:—

(a) it shall be carried out in accordance with the details given in the notice sent to the planning authority referred to in sub-paragraph (2)(a) above, unless that authority have agreed otherwise in writing;

(b) if the planning authority so require, the developer shall within a period of 3 months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

(c) where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

(d) development shall not be commenced until the relevant period has elapsed.

67

(1) Development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by the operator or in accordance with the electronic communications code, consisting of—

(a) the construction, installation, alteration or replacement of any apparatus;

(b) the use of land in an emergency for a period not exceeding 18 months to station and operate moveable apparatus required for the replacement of unserviceable apparatus, including the provision of moveable structures on land for the purposes of that use; or

(c) development involving the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the construction, installation, alteration, replacement or use of equipment housing.

Development not permitted: national scenic areas etc.

(2) Development is not permitted by sub-paragraph (1)(a) or (c) if it would be located in a national scenic area, National Park, conservation area, historic garden or designed landscape, site of special scientific interest, historic battlefield, European Site or World Heritage Site, or within the setting of a category A listed building or a scheduled monument, unless the development—

(a) would not be located in a conservation area and would consist of the installation, alteration or replacement of a small cell system or a Regulation 2020/1070 small cell system on a building or other structure;

(b) would be located in a conservation area and—

(i) would be on a building or other structure (other than a dwellinghouse or a building within the curtilage of a dwellinghouse) and would consist of—

(aa) the installation of a small cell system or a Regulation 2020/1070 small cell system and would result in there being no more than two small cell systems or Regulation 2020/1070 small cell systems on the building or other structure,

(bb) the replacement or alteration of a small cell system or a Regulation 2020/1070 small cell system and would result in there being no more than two small cell systems or Regulation 2020/1070 small cell systems on the building or other structure or, if greater, the number of small cell systems or Regulation 2020/1070 small cell systems present on the building or other structure before alteration or replacement of the small cell system or a Regulation 2020/1070 small cell system, or

(ii) would be on a dwellinghouse or within the curtilage of a dwellinghouse and would consist of—

(aa) the installation of a small cell system or a Regulation 2020/1070 small cell system and the number of small cell systems or Regulation 2020/1070 small cell systems on the dwellinghouse and within its curtilage when added together would not exceed two,

(bb) the replacement or alteration of a small cell system or a Regulation 2020/1070 small cell system and the number of small cell systems or Regulation 2020/1070 small cell systems on the dwellinghouse and within its curtilage when added together would not exceed two or, if greater, the number of small cell systems or Regulation 2020/1070 small cell systems present before alteration or replacement of the small cell system or Regulation 2020/1070 small cell system,

(c) would consist of the installation, alteration or replacement of a small cell system or a Regulation 2020/1070 small cell system on a dwellinghouse or within the curtilage of a dwellinghouse and—

(i) the highest part of the antenna would not be higher than the highest part of the roof of any dwellinghouse on which it would be installed;

(ii) if located in a conservation area would be on a part of the dwellinghouse, or within a part of the curtilage of a dwellinghouse, which does not front a road;

(d) is carried out in an emergency;

(e) would consist of the installation, alteration or replacement of telegraph poles or the installation of overhead lines on telegraph poles, or would be ancillary to such development;

(f) would consist of the installation, replacement or alteration of a link antenna and the height of the structure to which the satellite antenna would be attached would not exceed 4 metres;

(g) would be development permitted by virtue of sub-paragraph (4) or would be ancillary to such development;

(ga) would consist of the construction, installation, alteration or replacement of ground based equipment housing which would not exceed 2.5 cubic metres in volume,

(gb) would consist of the construction, installation, alteration or replacement on a building of equipment housing which would not exceed 2.5 cubic metres in volume,

(gc) would be permitted by virtue of sub-paragraph (10) or would be ancillary to such development,

(gd) would be development permitted by virtue of sub-paragraph (11) or (12) or would be ancillary to such development,

(ge) would consist of the construction or installation of apparatus under land and would not be located in a historic battlefield or World Heritage Site,

(h) would be development other than development permitted by heads (a) to (g) and it would consist of the alteration or replacement of apparatus and—

(i) the dimensions of the apparatus would be the same, or smaller than, the dimensions of the apparatus being altered or replaced;

(ii) the apparatus would be in the same, or substantially the same, location as the apparatus being altered or replaced; and

(iii) no more items of apparatus would be present than were present before alteration or replacement.

68

(1) The installation, alteration or replacement on any building or other structure of an microwave antenna and any structure intended for the support of a ... microwave antenna.

(2) Development is not permitted by this class if–

(a) the building is a dwellinghouse or the building or structure is within the curtilage of a dwellinghouse;

(aa) the development is permitted by class 4A(1);

(b) the development is permitted by Part 20;

(i) more than four microwave antennas;

(ii) more than two microwave antennas which face onto, and are visible from, a road;

(iii) a microwave antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(iv) more than two microwave antennas each exceeding 130 centimetres in length and any other antenna exceeding 60 centimetres in length; or

(v) a microwave antenna with a cubic capacity in excess of 35 litres.

(d) in a designated area it would result in–

(i) more than two microwave antennas;

(ii) the installation of a microwave antenna on a chimney, wall or roof slope which faces onto, and is visible from, a road;

(iii) more than one microwave antenna exceeding 60 centimetres in length;

(iv) any microwave antenna which exceeds 60 centimetres in length exceeding 100 centimetres in length; or

(v) for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure being higher than the highest part of the roof.

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.

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

19

20

Peat

21

Interpretation of Part 6

22

23

24

25

26

27

28

29

30

31

32

33

34

Dock, pier, harbour, water transport, canal or inland navigation undertakings

35

Works to inland waterways

36

Dredgings

37

Water undertakings

38

Gas suppliers

39

Electricity undertakings

40

Tramway or road transport undertakings

41

Lighthouse undertakings

42

Post Office

43

44

Air navigation development at an airport

45

Air navigation development near an airport

46

Development by Civil Aviation Authority within an airport

47

Development by Civil Aviation Authority for air traffic control and navigation

48

Development by Civil Aviation Authority in emergency

49

50

Development by Civil Aviation Authority for surveys etc.

51

Use of airport buildings managed by relevant airport operators

52

Interpretation of Part 14

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68