Statutory Instrument 1989 No. 147 (S.16)

The Town and Country Planning (Use Classes) (Scotland) Order 1989

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© Crown Copyright 1989

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1989 No. 147 (S.16)

TOWN AND COUNTRY PLANNING, SCOTLAND

The Town and Country Planning (Use Classes) (Scotland) Order 1989

The Secretary of State, in exercise of the powers conferred on him by sections 19(2)(f) and 273(3) of the Town and Country Planning (Scotland) Act 1972(^[1]) 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 1989 and shall come into force on 27th March 1989.

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 13 (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;

"hazardous substance" and "notifiable quantity" have the meanings assigned to those terms by the Notification of Installations Handling Hazardous Substances Regulations 1982(^[2]);

"industrial process" means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to:—
 (a) the making of any article or part of any article including a ship or vessel or a film, video or sound recording;
 (b) the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
 (c) 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 any two or more of classes 4 to 10 (business and industrial groups), 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 either within class 5 (general industrial) or within classes 6 to 10 (special industrial groups) 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;
 (c) for the sale of fuel for motor vehicles;
 (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; or
 (i) of a building or other land involving the manufacturing, processing, keeping or use of a hazardous substance which will cause there to be at any one time a notifiable quantity of that substance in, on, over or under that building or land or any site of which that building or land forms part.

Change of use of part of building or land
    4.    In the case of a building used for a purpose within class 14 (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 1973(^[3]) and the Town and Country Planning (Use Classes) (Scotland) Amendment Order 1983(^[4]) are hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

27th January 1989

[1] 1972 c. 52; section 19(2)(f) was amended by paragraph 29 of Schedule 11 to the Housing and Planning Act 1986 (c. 63) back

[2] S.I. 1982/1357 back

[3] S.I. 1973/1165 back

[4] S.I. 1983/1619 back

Explanatory Note