- Statutory Instrument 1997 No. 3060 (S.194)
The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997
© Crown Copyright 1997
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 , ISBN 0 11 055706 9. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 18th December 1997 | ||
| Laid before Parliament | 29th December 1997 | ||
| Coming into force | 2nd February 1998 |
The Secretary of State, in exercise of the powers conferred on him by sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997[1] and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1. - (1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 and shall come into force on 2nd February 1998.
(2) In this Order, "the 1992 Order" means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992[2].
Amendment of the 1992 Order
2. In article 2(1) of the 1992 Order (interpretation), for the definition of "Use Classes Order" substitute-
-
"
"Use Classes Order" means the Town and Country Planning (Use Classes) (Scotland) Order 1997[3].".
3.
In Class 10 in Part 3 (changes of use) of Schedule 1 to the 1992 Order-
-
(a) after "Class 10" insert "-(1)";
(b) after head (a) insert-
-
"
(aa) for the sale of hot food for consumption off the premises;"; and
(c) at the end insert-
-
"
(2) Development is not permitted by sub-paragraph (1)(c) of this class if the change of use is of a building whose total floor area exceeds 235 square metres.".
4.
In Class 11 in Part 3 of Schedule 1 to the 1992 Order, at the end insert-
-
"
or a use for the sale of hot food for consumption off the premises".
5.
In Classes 12 and 13 in Part 3 of Schedule 1 to the 1992 Order, for "class 11" in each place where it occurs substitute "class 6".
6.
In the last paragraph (interpretation of Part 3) in Part 3 of Schedule 1 to the 1992 Order, for "the Town and Country Planning (Use Classes) (Scotland) Order 1989", substitute "the Use Classes Order".
7.
In Class 18 in Part 6 (agricultural buildings and operations) of Schedule 1 to the 1992 Order, omit sub-paragraph (5)(d)(ii).
8.
In Class 43A in Part 13 (development by statutory undertakers) of Schedule 1 to the 1992 Order-
-
(a) in sub-paragraph (1)-
(i) after "being", insert "-(a)"; and
-
(ii) after "apparatus", insert-
-
"
; or
-
(b) development consisting of the erection, construction, maintenance, improvement or other alteration of-
-
(i) a control kiosk for a pump station or monitoring station, where the control kiosk does not exceed 6 cubic metres in volume, 2 metres in height, 3 metres in width or 1 metre in depth;
(ii) a sewer pipe which is supported on pillars or a truss above ground to maintain a gradient and which does not exceed 1 metre in height;
(iii) a raised manhole cover or sampling chamber which does not exceed 1 metre in height or 1 metre in width;
(iv) a vent pipe which does not exceed 3 metres in height; or
(v) a concrete head wall for sewer discharge pipes which does not exceed 1.5 metres in height, 1.5 metres in length or 0.5 metre in depth"; and
(b) in sub-paragraph (2), after "land under" insert "or on".
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh
18th December 1997
(This note is not part of the Order)
This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. It adds a provision to the permitted development right for a change of use from sale or display of motor vehicles to a shop (Class 10(c) of Part 3 of Schedule 1), restricting its application to buildings whose floor space does not exceed 235 square metres (article 3(c)). It extends the category of sewerage works covered by the permitted development rights in Class 43A of Part 13 of Schedule 1 (article 8). It also makes various minor consequential changes necessary to take account of the Town and Country Planning (Use Classes) (Scotland) Order 1997 which comes into force on the same date as this Order.
Notes:
[1] 1997 c.8.back
[2] S.I. 1992/223, amended by S.I. 1992/1078 and 2084, 1993/1036, 1994/1442, 2586 and 3294, 1996/252, 1266 and 3023 and 1997/1871 and as read with Part IV of S.I. 1994/2716.back
ISBN 0 11 055706 9