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The Town and Country Planning (Use Classes) (Scotland) Order 1997

Type Statutory-Instrument

Publication 1997-12-18

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 18th December 1997

Coming into force: 2nd February 1998

The Secretary of State, in exercise of the powers conferred on him by sections 26(2)(f) and 275(8) of the Town and Country Planning (Scotland) Act 1997[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1

This Order may be cited as the Town and Country Planning (Use Classes) (Scotland) Order 1997 and shall come into force on 2nd February 1998.

Interpretation

2

In this Order, the following expressions have the meanings assigned to them:–

“care” means personal care including the provision of appropriate help with physical and social needs or support; and in class 8 (residential institutions) includes medical care and treatment;

“class” means a class specified in the Schedule to this Order;

“day centre” means non-residential premises which are used for social purposes, recreation, rehabilitation or occupational training and at which care is also provided;

“industrial process” means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to– the making of any article or part of any article including a ship or vessel or a film, video or sound recording; the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the getting, dressing or treatment of minerals, in the course of any use other than agriculture;

“site” means the whole area of land within a single unit of occupation;

“support” means counselling or other help provided as part of a planned programme of care.

Use Classes

3

(1) Subject to the provisions of this Order, where a building or other land is used for a purpose in any class specified in the Schedule to this Order, the use of that building or that other land for any other purpose in the same class shall not be taken to involve development of the land.

(2) References in paragraph (1) to a building include references to land occupied with the building and used for the same purposes.

(3) A use included in and ordinarily incidental to any use in a class shall not be precluded from that use by virtue of being specified in another class.

(4) Where land on a single site or on adjacent sites used as parts of a single undertaking comprises uses within both class 4 (business) and class 5 (general industrial), those uses may be treated as if they were in a single class in considering the use of that land for the purposes of this Order, provided that the area used for a purpose falling within class 5 (general industrial) shall not be substantially increased as a result.

(5) Nothing in any class shall include any use–

(a) as a theatre;

(b) as an amusement arcade or centre or funfair;

(d) for the sale or display for sale of motor vehicles;

(e) for a taxi business or for the hire of motor vehicles;

(f) as a scrapyard or a yard for the breaking of motor vehicles;

(g) for the storage or distribution of minerals;

(h) as a public house;

(i) for any work registrable under the Alkali etc. Works Regulation Act 1906[^f00002]; ...

(j) for the sale of hot food for consumption off the premises;

(k) as a waste disposal installation for the incineration, chemical treatment (as defined in Annex IIA to Directive 75/442/EEC under heading D9), or landfill of waste to which Directive 91/689/EEC applies;

(l) as a betting office; ...

(m) as a pay day loan shop; or

(n) of a building for flexible commercial use within the meaning of, and as permitted by virtue of class 18C or class 22B of schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

(6) In this article—

“high-cost short-term credit” has the meaning given in the edition of the Financial Conduct Authority’s Handbook which came into effect on 1st April 2014 (following an amendment by the Authority in the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014); and

“pay day loan shop” means premises—from which high-cost short-term credit is provided principally to visiting members of the public and includes premises from which such credit is provided in addition to other financial or professional services; andwhich, but for provision made in this article, would fall within paragraph (2) of class 1A (financial, professional and other services) of the schedule of this Order.

Change of use of part of building or land

4

In the case of a building used for a purpose within class 9 (houses) the use as a separate house of any part of the building or of any land occupied with and used for the same purposes as the building shall not, by virtue of this Order, be taken as not amounting to development.

Revocation

5

The Town and Country Planning (Use Classes) (Scotland) Order 1989[^f00003] and the Town and Country Planning (Use Classes) (Scotland) Amendment Order 1993[^f00004] are hereby revoked.

SCHEDULE

Class 1. Shops

...

Class 2. Financial, professional and other services

Class 3. Food and drink

Class 4. Business

Class 5. General industrial

Class 6. Storage or distribution

Class 7. Hotels and hostels

Class 8. Residential institutions

Class 9. Houses

Class 10. Non-residential institutions

Class 11. Assembly and leisure

Signed

Calum MacDonald — Parliamentary Under Secretary of State, Scottish Office — 18th December 1997

Explanatory note

(This note is not part of the Order)

This Order replaces, with certain amendments, the Town and Country Planning (Use Classes) (Scotland) Order 1989 as amended by the Town and Country Planning (Use Classes) (Scotland) Amendment Order 1993. The 1989 Order is revoked.

This Order specifies classes of use of buildings or other land for the purposes of section 26(2)(f) of the Town and Country Planning (Scotland) Act 1997. Section 26(2) specifies operations or uses which are not to be taken for the purposes of the Act as involving development, and which therefore do not require planning permission. Paragraph (f) provides that a change of use is not to be regarded as involving development where the former use and the new use are both within the same class specified in an order made under that paragraph.

Various changes are made in this Order to the classes of use specified in the Schedule to the 1989 Order.

Classes 1, 2 and 4 (shops; financial, professional and other services; and business) remain the same.

Class 3 (food and drink) has been amended to exclude use for the sale of hot food for consumption off the premises. This has been added to article 3(5) as a sui generis use.

Class 5 (general industrial) now covers the previous classes 7 to 10 (special industrial groups B to E) which have been deleted.

Class 6 (storage or distribution) reflects the old class 11.

Classes 7, 8, 10 and 11 (hotels and hostels; residential institutions; non-residential institutions; and assembly and leisure) reflect the previous classes 12, 13, 15 and 16.

Class 9 (houses) largely reflects the former class 14 but has been extended to include limited use as a bed and breakfast or guest house.

Some minor consequential amendments have also been made.

Footnotes

[^f00001]: 1997 c. 8.

[^f00002]: 1906 c. 14; amended by S.I. 1983/943.

[^f00003]: S.I. 1989/147.

[^f00004]: S.I. 1993/1038.

Editorial notes

[^key-e209ce37661d647f68b6c3c9cf1745b0]: Art. 1 in force at 2.2.1998, see art. 1

[^key-7f5dca5967f1db4e1351c5c471b161e8]: Art. 3 in force at 2.2.1998, see art. 1

[^key-9b3b7efc125e1190daa739ce4dc382c9]: Art. 2 in force at 2.2.1998, see art. 1

[^key-b5076568e67bf660ded212ceefa9994a]: Art. 4 in force at 2.2.1998, see art. 1

[^key-016b6e038a304b1ed5ffc22309880c5a]: Art. 5 in force at 2.2.1998, see art. 1

[^key-aed342ef368880d8f16c150e027905b7]: Words in Sch. class 9 added (26.5.1998) by The Town and Country Planning (Use Classes) (Scotland) Amendment Order 1998 (S.I. 1998/1196), arts. 1, 2

[^key-373e1670d0252c70f97f4513840035c4]: Art. 3(5)(k) inserted (1.8.1999) by The Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. 1999/1), regs. 1, 47(2)

[^key-edb7da279d7377bb4c6e0fe139d17c16]: Words in Sch. class 7 substituted (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 1 para. 14 (with art. 3)

[^key-33910f08bbee8f206b1e7a190b424c05]: Art. 3(6) inserted (10.2.2017) by The Town and Country Planning (Miscellaneous Amendments and Transitional Saving Provision) (Scotland) Order 2016 (S.S.I. 2016/421), arts. 1(1), 3(3) (with art. 4)

[^key-c1953a10871525acb2bd82aaa79d49a6]: Word in art. 3(5) omitted (10.2.2017) by virtue of The Town and Country Planning (Miscellaneous Amendments and Transitional Saving Provision) (Scotland) Order 2016 (S.S.I. 2016/421), arts. 1(1), 3(2)(a) (with art. 4)

[^key-864915a4f0a0f40a122d1df9115acc42]: Art. 3(5)(l)(m) inserted (10.2.2017) by The Town and Country Planning (Miscellaneous Amendments and Transitional Saving Provision) (Scotland) Order 2016 (S.S.I. 2016/421), arts. 1(1), 3(2)(b) (with art. 4)

[^key-9de012e784e9f2ea490d4eace604ac5d]: Word in art. 3(5) omitted (1.4.2021) by virtue of The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 17(2)(a) (with art. 2)

[^key-580d1bfc4d653da29650b65e2e7cc8bb]: Art. 3(5)(n) and word inserted (1.4.2021) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 (S.S.I. 2020/437), arts. 1, 17(2)(b) (with art. 2)

[^key-576c327ef74f925cf400c9d5c7a40d17]: Words in Sch. class 4 substituted (31.3.2023) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023 (S.S.I. 2023/35), arts. 1, 13(3)(b) (with art. 2)

[^key-1c66aa7e8620e78cd3377313847b0e4a]: Words in art. 3(6) substituted (31.3.2023) by The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023 (S.S.I. 2023/35), arts. 1, 13(2) (with art. 2)

Shops and financial, professional and other services

1A

(1) Use—

(a) for the retail sale of goods other than hot food,

(b) as a post office,

(d) as a travel agency,

(e) for the sale of cold food for consumption off the premises,

(f) for hairdressing,

(g) for the direction of funerals,

(h) for the display of goods for sale,

(i) for the hiring out of domestic or personal goods or articles,

(j) as a laundrette or dry cleaners,

(k) for the reception of goods to be washed, cleaned or repaired,

where the sale, display or service is principally to visiting members of the public.

(2) Use for the provision of—

(a) financial services,

(b) professional services,

which it is appropriate to provide in a shopping area and where the sale, display or service is principally to visiting members of the public.