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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

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(b) make the application available for inspection at an office of the planning authority.

7ZD

Before determining an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 a planning authority must—

(a) by notice in writing consult—

(i) Scottish Natural Heritage—

(aa) where the development to which the application relates may affect a site of special scientific interest;

(bb) where the development would be located in a national scenic area and would exceed 12 metres in height;

(ii) Historic Environment Scotland in the circumstances specified in paragraph 17 of schedule 5 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013;

(iii) where the development would be located within 3 kilometres of the perimeter of an aerodrome, the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate;

(b) notify any authority, person or body required to be consulted under paragraph (a) of the period within which representations may be made (which must be a period of not less than 14 days beginning with the day after the day on which the notice is sent); and

7ZE

When determining an application submitted under sub-paragraph (23)(b) of class 67 of schedule 1 a planning authority must take into account any representations they receive before the expiry of the period notified under article 7ZD(b).

Notification of an application for a determination under class 70

21AA

(1) The placing or assembly of equipment within the area of an existing fish farm (other than a fallow fish farm) for the purpose of replacing an existing finfish pen in the same location with a finfish pen of the same size, colour and design.

(2) Development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

21G

(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of—

(a) replacing an existing mooring in the same location with a mooring of—

(i) the same size, colour and design; or

(ii) a different size, colour or design;

(b) relocation of a mooring; or

(2) Development, other than where the development in question is the replacement of an existing mooring in the same location with a mooring of the same size, colour and design and that location is not within a European site or a nature conservation MPA, 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—

(i) the size, colour and design of the mooring; and

(ii) its location;

(b) the application is to be accompanied by—

(i) a description of the proposed mooring, including details of its size, colour and design;

(ii) where the mooring is an additional mooring, a description of its proposed location;

(iii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iv) 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 three years from the date on which all approvals required in accordance with this paragraph have been given.

(3) All development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

(4) In this class “nature conservation MPA” means an area designated as a nature conservation marine protected area by a designation order made by the Scottish Ministers under section 67 of the Marine (Scotland) Act 2010.

21H

(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of replacing an existing finfish pen net in the same location with a finfish pen net—

(a) of the same size, colour and design; or

(b) of the same size but of a different colour or design.

(2) Where the development in question is either development described in paragraph (1)(a) within the area of a fallow fish farm or development described in paragraph (1)(b), the development 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 colour and design of the finfish pen net;

(b) the application is to be accompanied by—

(i) a description of the proposed finfish pen net, including details of its size, colour and design;

(ii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iii) 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 three years from the date on which all approvals required in accordance with this paragraph have been given.

(3) All development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

21I

(1) The placing or assembly of equipment within the area of an existing fish farm for the purpose of installing a secondary net structure

(2) Development 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 size, colour and design of the secondary net structure;

(b) the application is to be accompanied by—

(i) a description of the proposed secondary net structure, including details of its size, colour and design;

(ii) a description of its proposed location;

(iii) a description of the area of the existing fish farm, including details of the coordinates of the anchorage or mooring point used in relation to the fish farm; and

(iv) 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;

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

(f) in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

(7) In this class, “secondary net structure” means a net structure including a sea lice skirt or predator net which is secondary to a main containing finfish pen net.

21J

(1) The placing or assembly of equipment within the area of an existing shellfish farm for the purpose of—

(a) replacing an existing trestle, in the same or a different location, with a trestle of—

(i) the same size, colour and design; or

(ii) a different size, colour or design;

(b) relocation of a trestle; or

(2) Development is not permitted by paragraph (1)(c) of this class if—

(a) the area of the existing shellfish farm is greater than 2 hectares; or

(b) the installation of a trestle would result in more than a 10% increase in the number of trestles which are located within the area of the existing shellfish farm when compared with the number of trestles which comprise original equipment in relation to that shellfish farm.

(3) Development, other than where the development in question is the replacement of an existing trestle in the same location with a trestle of the same size, colour and design and is not within the area of a fallow fish farm, 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—

(i) the size, colour and design of the trestle; and

(ii) its location;

(b) the application is to be accompanied by—

(i) a description of the proposed trestle, including details of its size, colour and design;

(ii) where the trestle is to be relocated, a description of both its current location within the area of the existing shellfish farm and its proposed location;

(iii) where the trestle is an additional trestle, a description of its proposed location;

(iv) a description of the area of the existing shellfish farm, including details of the coordinates of the anchorage or mooring point used in relation to the shellfish farm; and

(v) 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 three years from the date on which all approvals required in accordance with this paragraph have been given.

(4) All development is permitted by this class subject to the condition that in the event of the equipment falling into disrepair or becoming damaged, adrift, stranded, abandoned or sunk in such a manner as to cause an obstruction or danger to navigation, such works (including lighting, buoying, raising, repairing, moving or destroying the whole or any part of that equipment) as may be needed to remove the obstruction or danger to navigation must be carried out.

(5) In this class “shellfish farm” means a fish farm which is used solely for the purpose of breeding, rearing or keeping shellfish.

PART 25C — Development by Local Authorities and Health Service Bodies

72C

(1) Development by, or on behalf of, a local authorityor health service body for the purposes of—

(a) preventing an emergency,

(b) reducing, controlling or mitigating the effects of an emergency, or

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

(a) any part of the development is on land which is, or forms part of—

(i) a site of special scientific interest,

(ii) site of archeological interest,

(iii) a historic battlefield, or

(iv) a historic garden or designed landscape,

(b) any development, other than a change of use, would be carried out within 5 metres of any boundary of the curtilage of a dwellinghouse,

(i) a height of 6 metres above ground where any part of the new building is within 10 metres of any boundary of the land, or

(ii) a height of 18 metres above the ground, or, where the development is within the curtilage of a building, the height of the highest part of the roof of the original building, whichever is the greater,

(d) the height of any building enlarged, improved or altered exceeds—

(i) the height of the highest part of the roof of the original building, or a height of 6 metres above the ground, whichever is the greater, where any part of the enlarged, improved or altered building is within 10 metres of an boundary of the curtilage of the original building, or

(ii) the height of the highest part of the roof of the original building, or height of 18 metres above the ground, whichever is the greater, or

(e) any moveable structure, works, plant or machinery required temporarily and in connection with and for the duration of the development would be located in a position—

(i) within 5 metres of any boundary of the land, or

(ii) within 10 metres of any boundary of the curtilage of a dwellinghouse.

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

(a) if the developer is not the planning authority, the developer must, as soon as practicable after commencing development, notify the planning authority of the development,

(b) any use of the land for the purposes of this Class ceases on or before 30 June 2022, and

(c) on or before the expiry of a period of 6 months beginning with the date on which the use of the land ceases for the purpose of this Class—

(i) any building, works, plant, machinery, structure or erection permitted by this Class is removed, and

(ii) the land is restored to its condition before the development took place or to such other state as may be approved by the planning authority.

Interpretation of Part 25C

(1) For the purposes of this Part—

“emergency” means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom,

“health service body” means—a Health Board constituted by an order under section 2(1)(a) of the National Health Service (Scotland) Act 1978,a Special Health Board constituted by an order under section 2(1)(b) of the National Health Service (Scotland) Act 1978,the Common Services Agency,Public Health Scotland,Healthcare Improvement Scotland, andNHS 24.

(2) For the purposes of paragraph (1), an event or situation threatens serious damage to human welfare only if it involves, causes or may cause—

(a) loss of human life,

(b) human illness or injury,

(d) damage to property,

(e) disruption of a supply of money, food, water, energy, or fuel,

(f) disruption of a system of communication,

(g) disruption of facilities for transport, or

(h) disruption of services relating to health.

(3) For the purposes of this Part, where 2 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.

PART 2F — REVERSE VENDING MACHINES

9H

(1) The installation, alteration or replacement of a reverse vending machine in a wall of a shop or within the curtilage of a shop.

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

(a) the reverse vending machine would exceed 3.5 metres in height,

(b) its footprint would exceed 80 square metres,

(c) in the case of a reverse vending machine installed in the wall of a shop, any part of the development would protrude 2 metres beyond the outer surface of that wall,

(d) it would be situated within 15 metres of the curtilage of a building used for residential purposes,

(e) it would face onto and be within 5 metres of a road,

(f) it would be within—

(i) a site of archaeological interest,

(ii) a national scenic area,

(iii) a historic garden or designed landscape,

(iv) a historic battlefield,

(v) a conservation area,

(vi) a National Park, or

(vii) a World Heritage Site.

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

(a) where the reverse vending machine is no longer in operation—

(i) the development must be removed as soon as reasonably practicable, and

(ii) the land on which the development was situated, including any wall in which the development was installed must, as soon as reasonably practicable, and so far as reasonably practicable, be reinstated to its condition before that development was carried out.

(4) For the purpose of this class—

“footprint” means an area of ground covered by development,

“reverse vending machine” means a machine for the purpose of accepting scheme packaging, reimbursing deposits for each item of scheme packaging accepted, and retaining the scheme packaging for collection within the meaning of the Deposit and Return Scheme for Scotland Regulations 2020, and any associated enclosure, building, canopy or other structure,

“scheme packaging” has the meaning given in regulation 3(2) of the Deposit and Return Scheme for Scotland Regulations 2020,

“shop” means a building used for any purpose within paragraph (1) of class 1A of the schedule of the Use Classes Order, ...

PART 25D — Development by the Crown relating to a pandemic

72D

(1) Development by or on behalf of the Crown on Crown land for the purposes of—

(a) preventing a pandemic,

(b) reducing, controlling or mitigating the effects of a pandemic, or

Limitations

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

(a) any part of the development is on land which is, or forms part of—

(i) a site of special scientific interest,

(ii) a site of archaeological interest,

(iii) a historic battlefield, or

(iv) a historic garden or designed landscape,

(b) any development, other than a change of use, would be carried out within 5 metres of any boundary of the curtilage of a dwellinghouse,

(i) a height of 6 metres above ground where any part of the new building is within 10 metres of any boundary of the land, or

(ii) a height of 18 metres above the ground, or, where the development is within the curtilage of a building, the height of the highest part of the roof of the original building, whichever is the greater,

(d) the height of any building enlarged, improved or altered exceeds—

(i) the height of the highest part of the roof of the original building, or a height of 6 metres above the ground, whichever is the greater, where any part of the enlarged, improved or altered building is within 10 metres of an boundary of the curtilage of the original building, or

(ii) the height of the highest part of the roof of the original building, or height of 18 metres above the ground, whichever is the greater,

(e) any moveable structure, works, plant or machinery required temporarily and in connection with and for the duration of the development would be located in a position—

(i) within 5 metres of any boundary of the land, or

(ii) within 10 metres of any boundary of the curtilage of a dwellinghouse.

Conditions

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

(a) the developer must, as soon as practicable after commencing development, notify the planning authority of that development,

(b) on or before the expiry of the period of 24 months beginning with the date on which the development began—

(i) any use of that land for a purpose of this class ceases and any buildings, plant, machinery, structures and erections permitted by this class is removed, and

(ii) the land is restored to its condition before the development took place, or to such other state as may be agreed in writing between the planning authority and the developer,

unless permission for the development has been granted on an application under Part 3 of the Act.

Interpretation of Part 25D

For the purposes of this Part—

“pandemic” means a public health emergency of international concern within the meaning given by the International Health Regulations (2005) of the World Health Organisation adopted by the fifty-eighth World Health Assembly on 23rd May 2005,

“World Health Assembly” has the meaning set out in the Constitution of the World Health Organisation adopted by the International Health Conference held in New York from the 19th June to 22nd July 1946 and signed on 22nd July 1946,

“World Health Organisation” means the specialised agency within the terms of Article 57 of the Charter of the United Nations, established by the Constitution of the World Health Organisation.

3AA

(1) The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse.

Limitations2Development is not permitted by this class if—athe resulting building would exceed—i150 centimetres in height,ii120 centimetres in depth,iii250 centimetres in width,bthere is an existing building developed by virtue of this class situated within the curtilage of the dwellinghouse,cthe resulting building would obstruct clear sight of a road or footpath by the driver of a vehicle entering or leaving the curtilage of the dwellinghouse,dthe resulting building would be situated within the curtilage of a listed building or a World Heritage Site,ethe resulting building would create an obstruction to light to another building.

Interpretation3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4B

(1) The provision of a building within the curtilage of a flat.

Limitations2Development is not permitted by this class if—athe resulting building would exceed—i150 centimetres in height,ii120 centimetres in depth,iii250 centimetres in width,bthe development would result in there being more than one building developed by virtue of this class situated within the curtilage of the flat,cthe resulting building would obstruct clear sight of a road or footpath by the driver of a vehicle entering or leaving the curtilage of the flat,dthe resulting building would be situated within the curtilage of a listed building or a World Heritage Site,ethe resulting building would create an obstruction to light to another building.

Interpretation3In this class—“curtilage of a flat”, in relation to a flat, means land which pertains to that flat and only to that flat, ......

PART 2G — PEDAL CYCLE STORAGE

9I

(1) The provision within the curtilage of a commercial building of a building for the purpose of temporary storage of pedal cycles.

Limitations2 Development is not permitted by this class—awithin the curtilage of a listed building,bif the resulting building would be within a conservation area and would be situated within the front curtilage of the commercial building,cif the resulting building would obstruct clear sight of a road or footpath by the driver of a vehicle entering or leaving the curtilage of the commercial building,dif the resulting building would create an obstruction to light to another building.

Interpretation3In this class—“commercial building” means a building used for any purpose within Class 4, 5 or 6 of the schedule of the Use Classes Order,“front curtilage” means that part of the curtilage of the commercial building forward of a wall forming part of the principal elevation of the commercial building.

9J

(1) The provision of a building within the rear curtilage of a tenement for the purpose of storage of pedal cycles.

Limitations2Development is not permitted by this class if—athe development would result in there being more than one building developed by virtue of this class situated within the rear curtilage of the tenement,bthe resulting building would be situated within the curtilage of a listed building or a World Heritage Site,cthe resulting building would create an obstruction to light to another building.

Interpretation3In this class—“rear curtilage of a tenement”, in relation to a tenement, means land which—pertains to two or more flats contained within the tenement, andis situated adjacent to the rear elevation of the tenement,“rear elevation” means the elevation of the tenement that is opposite to its principal elevation,“tenement” means a building containing one or more flats

9K

(1) The provision within the boundaries of a public road of a building for the purpose of temporary storage of pedal cycles.

Limitations2Development is not permitted by this class if—athe resulting building would exceed—i150 centimetres in height,ii250 centimetres in depth,iii500 centimetres in width,bthe resulting building would create an obstruction to light to another building.

Interpretation3In this class—“public road” means a road maintainable by the Scottish Ministers or a local roads authority.

Interpretation of Part 2G

In this Part—

“pedal cycle” means a cycle whose motive power is provided solely by the legs of its rider or riders or which complies with the requirements specified in Regulation 4 of the Electrically Assisted Pedal Cycles Regulations 1983,

18B

(1) Development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to a use as a dwelling together with the following building operations to the extent which they are reasonably necessary to convert the building to use as a dwelling—

(a) the installation or replacement of—

(i) windows, doors, roofs, or exterior walls,

(ii) water, drainage, sewerage, electricity, gas or other services,

to the extent reasonably necessary for the building to function as a dwelling,

(b) partial demolition to the extent reasonably necessary to carry out building operations allowed by sub-paragraph (a)(i),

(c) the provision of access to the dwelling and of a hard surface for the purpose of the parking of vehicles incidental to the enjoyment of the dwelling.

Limitations2Development is only permitted by this class if—athe building was used solely for an agricultural use as part of an agricultural unit on 4 November 2019, orbin the case of a building which was not in use on 4 November 2019 but was in use before that date, when the building was last in use it was used solely for an agricultural use as part of an agricultural unit.3Development is not permitted by this class if—athe building is constructed after 4 November 2019,bthe cumulative number of separate residential units developed by virtue of this class and contained in a building or buildings situated within the original agricultural unit would exceed 5,cthe floor space of any residential unit developed by virtue of this class would exceed 150 square metres,dthe development would result in the external dimensions of the building (excluding guttering and pipes required for drainage or sewerage, flues and aerials) extending beyond the external dimensions of the existing building at any given point,ethe building is a listed building,fthe building is situated on croft land or within—ithe curtilage of a listed building,iia site of archaeological interest,iiia safety hazard area, oriva military explosives storage area.

Conditions4Development is permitted by this class subject to the following conditions—athe 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—ithe design or external appearance of the building,iithe provision of adequate natural light in all habitable rooms of the dwelling,iiithe impacts of the proposed development on transport,ivaccess to the dwelling,vthe impacts of noise on residents or occupiers of the building if used as a dwelling,virisks to occupiers of the proposed dwelling from contamination from the site,viithe risk of flooding of the site,bthe application is to be accompanied by—ia written description of the development, including a description of any building operations and materials to be used,iia plan showing the location of the development,iiisuch other plans and drawings as are necessary to describe the development,ivany fee required to be paid,cthe development is not to be commenced before the occurrence of one of the following—ithe receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,iithe 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,iiithe applicant has (or to the extent required has) received such approval from the planning authority,dthe development must, except to the extent that the planning authority otherwise agree in writing, be carried out—ito the extent to which prior approval is required, in accordance with the details approved,iito the extent to which prior approval is not required, in accordance with the details submitted with the application,ethe development is to be carried out within a period of three years from the date on which all approvals required in accordance with this sub-paragraph have been given.

Interpretation5The reference in sub-paragraph (1) to the use of a building as an agricultural building includes a building which when last used was used as an agricultural building.6For the purposes of this class—“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building,“original agricultural unit” in respect of a building, means, the agricultural unit of which the building formed part on 4 November 2019,“residential unit” means a dwellinghouse or a flat.

18C

(1) Development consisting of a change of use of a building and any land within its curtilage from—

(a) use as an agricultural building to a flexible commercial use, or

(b) a flexible commercial use permitted by virtue of this class to another flexible commercial use,

together with the following building operations described in sub-paragraph (2) to the extent which they are reasonably necessary to convert the building to a flexible commercial use.

(2) The building operations are—

(a) the installation or replacement of—

(i) windows, doors, roofs, or exterior walls,

(ii) water, drainage, sewerage, electricity, gas or other services,

to the extent reasonably necessary for the building to function for the purposes of the flexible commercial use to which the building is converted,

(b) partial demolition to the extent reasonably necessary to carry out building operations allowed by sub-paragraph (a)(i),

(c) the provision of access to the building and of a hard surface for the purpose of the parking of vehicles incidental to the enjoyment of the building for the purposes of the flexible commercial use.

Limitations3Development is only permitted by this class if—athe building was used solely for an agricultural use as part of an agricultural unit on 4 November 2019, orbin the case of a building which was not in use on 4 November 2019 but was in use before that date, when the building was last in use it was used solely for an agricultural use as part of an agricultural unit.4Development is not permitted by this class if—athe building is constructed after 4 November 2019,bthe cumulative floor space developed by virtue of this class within the original agricultural unit would exceed 500 square metres,cthe development would result in the external dimensions of the building (excluding guttering and pipes required for drainage or sewerage, flues and aerials) extending beyond the external dimensions of the existing building at any given point,dthe building is a listed building,ethe building is situated within—ithe curtilage of a listed building,iia site of archaeological interest,iiia safety hazard area,iva military explosives storage area.

Conditions5Development is permitted by this class subject to the following conditions—athe 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—ithe design or external appearance of the building,iithe impacts of the proposed development on transport,iiiaccess to the building,ivthe impacts of noise on those using the building or as a result of the development,vrisks to those using the building from contamination from the site,vithe risk of flooding of the site,bthe application is to be accompanied by—ia written description of the development, including a description of any building operations and materials to be used,iia plan showing the location of the development,iiisuch other plans and drawings as are necessary to describe the development,ivany fee required to be paid,cthe development is not to be commenced before the occurrence of one of the following—ithe receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,iithe 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,iiithe applicant has (or to the extent required has) received such approval from the planning authority,dthe development must, except to the extent that the planning authority otherwise agree in writing, be carried out—ito the extent to which prior approval is required, in accordance with the details approved,iito the extent to which prior approval is not required, in accordance with the details submitted with the application,ethe development is to be carried out within a period of three years from the date on which all approvals required in accordance with this sub-paragraph have been given.

Interpretation6The reference in sub-paragraph (1) to the use of a building as an agricultural building includes a building which when last used was used as an agricultural building.7For the purposes of this class—“flexible commercial use” means a use falling within the following classes of the Use Classes Order, or a combination of such uses—class 1A (shops and financial, professional and other services),class 3 (food and drink),class 4 (business),class 6 (storage or distribution),class 10 (non-residential institutions),“original agricultural unit” in respect of a building, means, the agricultural unit of which the building formed part on 4 November 2019.

Land drainage works

20A

(1) The carrying out on peatland of works for the restoration of that peatland—

(a) including—

(i) works for the stabilisation, revegetation and re-profiling of bare peat and related drainage works, and

(ii) the extraction of peat from within a peatland site for the purpose, and only for the purpose, of the use of such peat in the restoration of peatland within that peatland site, but

(b) not including works for the formation of alteration of a private way.

Conditions2Development is permitted by this class subject to the following conditions—athe developer must before beginning the development submit a peatland restoration scheme to the planning authority and apply to the planning authority for a determination as to whether the prior approval of the authority is required for that peatland restoration scheme,bthe application is to be accompanied by—ia peatland restoration scheme,iia map showing the location of the peatland site to be restored,iiiany fee required to be paid,cthe development is not to be commenced before the occurrence of one of the following—ithe receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,iithe 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,iiithe applicant has (or to the extent required has) received such approval from the planning authority,dthe development must, except to the extent that the planning authority otherwise agree in writing, be carried out—iif prior approval is required, in accordance with the peatland restoration scheme as approved,iiif prior approval is not required, in accordance with the peatland restoration scheme submitted with the application, andethe development is to be carried out within a period of 10 years from the date on which any approval required in accordance with this sub-paragraph has been given.

Interpretation3For the purposes of this class—“peatland restoration scheme” means a scheme setting out the work to be carried out to restore peatland within an area of peatland identified by the scheme and including details in respect of—any measures to mitigate—impacts of the proposed development on archaeology,the risk of contamination or flooding as a result of the development on the peatland site,the impacts of the proposed development on soil, andthe removal, felling, lopping or topping of any trees,“peatland site” is the area identified in the peatland restoration scheme as the area of peatland to be restored in accordance with that scheme,“re-profiling” means changing the surface of the peatland to reduce water runoff and encourage revegetation by spreading turves across the bare surface,“revegetation” means by planting, applying locally won turves or seeding with peatland plants,“stabilisation” means re-establishment of vegetation by seeding and the introduction of pre-grown seedlings (known as plug plants) with the use of temporary protective coverings, including a plant mulch or manufactured stabilisation product or fertilisers.

Peat

Interpretation of Part 6

22A

(1) Development consisting of a change of use of a building from use for the purposes of forestry to use as a dwelling together with the following building operations to the extent which they are reasonably necessary to convert the building to use as a dwelling—

(a) the installation or replacement of—

(i) windows, doors, roofs, or exterior walls,

(ii) water, drainage, sewerage, electricity, gas or other services,

to the extent reasonably necessary for the building to function as a dwelling,

(b) partial demolition to the extent reasonably necessary to carry out building operations allowed by subparagraph (a)(i),

(c) the provision of access to the dwelling and of a hard surface for the purpose of the parking of vehicles incidental to the enjoyment of the dwelling.

Limitations2Development is only permitted by this class if—athe building was used solely for the purposes of forestry on 4 November 2019, orbin the case of a building which was not in use on 4 November 2019 but was in use before that date, when the building was last in use it was used solely the purposes of forestry.3Development is not permitted by this class if—athe building is constructed after 4 November 2019,bthe cumulative number of separate residential units developed by virtue of this class within the same building would exceed 5,cthe floor space of any residential unit developed by virtue of this class would exceed 150 square metres,dthe development would result in the external dimensions of the building (excluding guttering and pipes required for drainage or sewerage, flues and aerials) extending beyond the external dimensions of the existing building at any given point,ethe building is a listed building,fthe building is situated on croft land or within—ithe curtilage of a listed building,iia site of archaeological interest,iiia safety hazard area,iva military explosives storage area.

Conditions4Development is permitted by this class subject to the following conditions—athe 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—ithe design or external appearance of the building,iithe provision of adequate natural light in all habitable rooms of the dwelling,iiithe impacts of the proposed development on transport,ivaccess to the dwelling,vthe impacts of noise on residents or occupiers of the building if used as a dwelling,virisks to occupiers of the proposed dwelling from contamination from the site,viithe risk of flooding of the site,bthe application is to be accompanied by—ia written description of the development, including a description of any building operations and materials to be used,iia plan showing the location of the development,iiisuch other plans and drawings as are necessary to describe the development, including plans showing the elevations of the development and the location of windows and doors,ivany fee required to be paid,cthe development is not to be commenced before the occurrence of one of the following—ithe receipt by the applicant from the planning authority of a written notice of their determination that their prior approval is not required,iithe 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,iiithe applicant has (or to the extent required has) received such approval from the planning authority,dthe development must, except to the extent that the planning authority otherwise agree in writing, be carried out—ito the extent to which prior approval is required, in accordance with the details approved,iito the extent to which prior approval is not required, in accordance with the details submitted with the application,ethe development is to be carried out within a period of three years from the date on which all approvals required in accordance with this sub-paragraph have been given.

Interpretation5For the purposes of this class—“dwelling” means a dwellinghouse, a building containing one or more flats or a flat contained within such a building, and“residential unit” means a dwellinghouse or a flat.

22B

(1) Development consisting of a change of use of a building from—

(a) use for the purposes of forestry to a flexible commercial use, or

(b) a flexible commercial use permitted by virtue of this class to another flexible commercial use,

together with the following building operations described in sub-paragraph (2) to the extent which they are reasonably necessary to convert the building to a flexible commercial use.

(2) The building operations are—

(a) the installation or replacement of—

(i) windows, doors, roofs, or exterior walls,

(ii) water, drainage, sewerage, electricity, gas or other services,

to the extent reasonably necessary for the building to function for the purposes of the flexible commercial use to which the building is converted,

(b) partial demolition to the extent reasonably necessary to carry out building operations allowed by sub-paragraph (a)(i),

(c) the provision of access to the building and of a hard surface for the purpose of the parking of vehicles incidental to the enjoyment of the building for the purposes of the flexible commercial use.

Limitations3Development is only permitted by this class if—athe building was used solely for the purposes of forestry on 4 November 2019, orbin the case of a building which was not in use on 4 November 2019 but was in use before that date, when the building was last in use it was used solely for the purpose of forestry.4Development is not permitted by this class if—athe building is constructed after 4 November 2019,bthe cumulative floor space developed by virtue of this class would exceed 500 square metres,cthe development would result in the external dimensions of the building (excluding guttering and pipes required for drainage or sewerage, flues and aerials) extending beyond the external dimensions of the existing building at any given point,dthe building is a listed building,ethe building is situated within—ithe curtilage of a listed building,iia site of archaeological interest,iiia safety hazard area,iva military explosives storage area.

Interpretation of Part 7

Part 2H — Hospitality uses - outdoor servery provision

9L

(1) Development consisting of—

(a) a change of use of part of a public road adjacent to relevant premises for the purposes of selling or serving food or drink supplied from those premises or consuming good or drink supplied from those premises, and

(b) placing furniture for use in connection with such purposes.

Conditions2Development is permitted by this class subject to the condition that no furniture may be placed in a public road so as to cause an obstruction unless consent has first been obtained from the relevant roads authority under section 59 of the Roads (Scotland) Act 1984.

Interpretation3In this class—“furniture” means—counters or stalls for selling or serving food or drink,tables, counters or shelves on which food or drink can be placed,chairs, benches or other forms of seating,umbrellas, ramps, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink,decking structures for the purpose of creating a level surface on which items mentioned in sub-paragraphs (a) to (d) can be placed,“relevant premises” means a premises—used for a purpose specified in class 3 (food and drink) of the schedule of the Use Classes Order,used as a public house,“public road” has the meaning given in section 151 of the Roads (Scotland) Act 1984.

Part 2I — Solar canopies, battery storage and equipment housing for recharging vehicles

9M

(1) The installation, alteration or replacement—

(a) within a qualifying parking area of—

(i) a solar canopy,

(ii) equipment (including equipment housing) necessary for operation of the solar canopy,

(b) within a qualifying parking area of—

(i) battery storage which is wholly or primarily associated with the operation of a solar canopy permitted under this class,

(ii) equipment (including equipment housing) necessary for operation of the battery storage.

Limitations2Development is not permitted by paragraph (1)(a) or (b) of this class—aif the development would—ibe within 5 metres of a road,iibe within the curtilage of a dwellinghouse, or a building containing one or more flats,iiibe within 10 metres of the curtilage of a dwellinghouse or a building containing one or more flats,ivbe within 3 kilometres of the perimeter of an aerodrome or technical site,bif any part of the development would exceed 4 metres in height from the level of the surface used for the parking of vehicles or if part of the development (other than a solar canopy) would exceed 3 metres in height from the level of the surface used for the parking of vehicles,cif any battery storage unit or piece of equipment (including equipment housing but excluding a solar canopy or cabling) would exceed 29 cubic metres in size,din the case of development falling within paragraph (1)(b), if the combined size of all battery storage units and all pieces of equipment (including equipment housing but excluding cabling) would exceed 58 cubic metres in size,ewithin—ia site of archaeological interest,iia national scenic area,iiia historic garden or designed landscape,iva historic battlefield,va conservation areavia National Park,viia World Heritage Site,viiithe curtilage of a listed building,fif the development would take place—ion the roof of a building, oriion the top level of an open top multi-storey car park.

Conditions3Development is permitted by this class subject to the following conditions—aif the development is no longer needed for the generation of electricity—ithe development must be removed as soon as reasonably practicable, andiithe land on which the development was mounted or into which the development was set must be reinstated—aaas soon as reasonably practicable, and so far as reasonably practicable, to its condition before that development was carried out, orbbin accordance with a restoration plan agreed in writing with the planning authority,bany lighting or illumination forming part of the development—iis directed towards the surface used for the parking of vehicles, andiionly illuminates the immediate area of the development.4Development to which paragraph (1)(b) applies is permitted by this class subject to the following conditions—athe developer must, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required in respect of the design and siting of the battery storage or equipment,bthe application is to be accompanied by—ia description of the proposed development,iia plan or plans indicating the location of the site of the proposed development and location of the proposed development within the site,iiiany fee required to be paid,cthe development is not to be commenced before the occurrence of one of the following—ithe receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required,iiwhere the planning authority gives the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval,iiithe 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,dthe development must, except to the extent that the planning authority otherwise agree in writing, be carried out—iwhere prior approval is required, in accordance with the details approved, oriiwhere prior approval is not required, in accordance with the details submitted with the application, andethe development is to be carried out—iwhere approval has been given by the planning authority, within a period of 3 years from the date on which approval was given,iiin any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in paragraph (4)(b).

Interpretation5In this class—“battery storage” means equipment and apparatus for the storage of energy which is converted from electricity and is stored for the purpose of its future reconversion into electricity,“qualifying canopy structure” means a canopy structure which supports solar photovoltaics and which—is open on one or more sides, andis designed to allow one or more vehicles to be parked underneath it,“qualifying parking area” means an area—which has as its primary use the lawful off-street parking of vehicles, andwhere vehicles are parked on a hard surface,“solar canopy” means solar photovoltaics supported by a qualifying canopy structure and the qualifying canopy structure and connecting cabling,“technical site” means—any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 for the provision of air traffic services, particulars of which have been furnished by the Scottish Ministers or the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated, orany area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated.

Class 11A

(1) Development consisting of a change of use of a building to a use within class 3 (food and drink) from a use—

(a) within class 1A (shops and financial, professional and other services),

(b) as a betting shop,

(d) for the sale of hot food for consumption off the premises.

Limitations2Development is not permitted by this class if—ait would result in the change of use of a building unit situated below any part of a dwelling, orbit would result in the change of use of a building or a building unit which is within 1 metre of a dwelling.

Interpretation3For the purposes of paragraph (2)(b) of this class when measuring the distance of 1 metre no account is to be taken of any communal access.4In this class—“building unit” means a part of a building which is designed or altered to be used separately,“communal access” means a passage, stairs or landings within a building which constitute a common access to two or more building units.

11B

(1) Development consisting of a change of use of a qualifying building or qualifying building unit to a use within class 4 (business) from a use—

(a) within class 1A (shops and financial, professional and other services),

(b) within class 3 (food and drink),

(d) as a pay day loan shop, or

(e) for the sale of hot food for consumption off the premises.

Interpretation2In this class—“building unit” means a part of a building which is designed or altered to be used separately,“qualifying building” means a building with a floor area of no more than 300 square metres,“qualifying building unit” means a building unit with a floor area of no more than 300 square metres.

Interpretation of Part 3—

Class 6HA

(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a dwelling.

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

(a) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney of the dwelling,

(b) the dwelling is situated in a conservation area and the solar PV or solar thermal equipment would be located on—

(i) the principal elevation, or

(ii) a side elevation where that elevation fronts a road,

(i) a listed building or is within the curtilage of a listed building,

(ii) within a World Heritage Site.

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

Class 6HB

(1) The installation, alteration or replacement of solar PV or solar thermal equipment on a building situated within the curtilage of a dwelling.

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

(a) it would protrude more than 500 millimetres from the outer surface of an external wall, roof plane, roof ridge or chimney of the building,

(b) the building is situated in the front curtilage of the dwelling,

(i) a listed building or within the curtilage of a listed building,

(ii) within a World Heritage Site,

(d) it would be development described in class 6HA(1).

(3) Development is permitted by this class subject to the condition that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

(4) In this class “front curtilage” means that part of the curtilage of the dwelling forward of the principal elevation of the dwelling.

Class 6HC

(1) The installation, alteration or replacement of a wind turbine on a detached dwellinghouse.

(2) Development is not permitted by this class—

(a) if it would result in the presence on the same dwellinghouse of more than one wind turbine,

(b) if any part of the wind turbine would protrude more than 3 metres above the highest part of the roof (excluding any chimney) of the dwellinghouse,

(d) if the swept area of the turbine would be more than 4 square metres,

(e) if any part of the wind turbine would be less than 5 metres from the boundary of the curtilage of the dwellinghouse,

(f) in the case of a dwellinghouse—

(i) in a conservation area,

(ii) in a World Heritage Site,

(iii) in a site of special scientific interest,

(iv) which is a listed building or is in the curtilage of a listed building.

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

(a) the wind turbine must comply with MCS Planning Standards for wind turbines or equivalent standards,

(b) the wind turbine must be constructed and maintained in a uniform external finish and colour and be free from advertisements, external rust, staining or discolouration, and

(c) if the wind turbine is no longer needed for, or capable of, generating electricity it must be removed as soon as reasonably practicable.

Class 6N

(1) The installation, alteration or replacement of free standing solar PV or free standing solar thermal equipment within the curtilage of a non-domestic building.

(2) Development is not permitted by this class—

(a) if the cumulative surface area of the solar PV or solar thermal equipment within the curtilage of the building would exceed 12 square metres,

(b) within a conservation area if any part of that development would be in the front curtilage of the building,

(i) a national scenic area,

(ii) 3 kilometres of an aerodrome or technical site,

(iii) the curtilage of a listed building,

(iv) a historic garden or designed landscape,

(v) a National Park,

(vi) a World Heritage Site,

(d) it would be development described in class 6J(1).

(3) Development is permitted by this class subject to the condition that that solar PV or solar thermal equipment which is no longer needed for, or capable of, the generation of electricity or the production of heat, as the case may be, must be removed as soon as reasonably practicable.

(4) In this class “front curtilage” means that part of the curtilage of the building forward of the principal elevation of the building.

Class 7A

(1) Any alteration or replacement of an existing window.

(2) Development is not permitted by this class within a World Heritage Site.

(3) Paragraph (4) applies to development to alter or replace a window in a conservation area where—

(a) the window is part of—

(i) the principal elevation, or

(ii) a side elevation where that elevation fronts a road, and

(b) the window as altered or replaced would not be the same, or substantially the same, as the window to be altered or replaced in the following respects—

(i) the manner in which the window is opened and closed,

(ii) the number, orientation and colour of the panes comprised in the window,

(iii) the dimensions and colour of the frame of the window or any astragal bars comprised in the window.

(4) Development to which this paragraph applies 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 will be required in respect of the design and external appearance of the proposed alteration to or replacement window,

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

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

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

(iii) 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,

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

(i) where prior approval is required, in accordance with the details approved, or

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

(e) the development is to be carried out—

(i) where approval has been given by the planning authority, within a period of 3 years from the date on which approval was given,

(ii) in any other case, within a period of 3 years from the date on which the planning authority were given the information referred to in paragraph (3)(b).

(5) In this class—

“principal elevation” means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation,

“rear elevation” means the elevation of the building that is opposite its principal elevation,

“side elevation” means the elevation of the building linking the principal elevation with the rear elevation.

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