The Town and Country Planning (Use Classes) (Scotland) 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 (Use Classes) (Scotland) Order 1997 , ISBN 0 11 055707 7. 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.
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[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 1997 and shall come into force on 2nd February 1998. Interpretation 2. In this Order, the following expressions have the meanings assigned to them:-
(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;
Use Classes
(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; (i) for any work registrable under the Alkali etc. Works Regulation Act 1906[2]; or (j) for the sale of hot food for consumption off the premises.
Change of use of part of building or land Class 1. Shops Use-
(b) as a post office; (c) for the sale of tickets; (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 launderette or dry cleaners; or (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.
(b) professional services; or (c) any other services (including use as a betting office);
which it is appropriate to provide in a shopping area and where the services are provided principally to visiting members of the public.
(b) for research and development of products or processes; or (c) for any industrial process;
being a use which can be carried on in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.
(b) as a hospital or nursing home; or (c) as a residential school, college or training centre.
Class 9. Houses
(ii) not more than 5 residents living together including a household where care is provided for residents;
(b) as a bed and breakfast establishment or guesthouse, where at any one time not more than 2 bedrooms are, or in the case of premises having less than 4 bedrooms 1 bedroom is, used for that purpose.
Class 10. Non-residential institutions
(b) for the provision of education; (c) for the display of works of art (otherwise than for sale or hire); (d) as a museum; (e) as a public library or public reading room; (f) as a public hall or exhibition hall; or (g) for, or in connection with, public worship or religious instruction, or the social or recreational activities of a religious body.
Class 11. Assembly and leisure
(b) concert hall; (c) bingo hall or casino; (d) dance hall or discotheque; or (e) swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreation, not involving motorised vehicles or firearms.
(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. Notes: [1] 1997 c.8.back [2] 1906 c.14; amended by S.I. 1983/943.back
ISBN 0 11 055707 7
|
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
| We welcome your comments on this site | © Crown copyright 1997 | Prepared 14 January 1998 |