The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment Order 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/29 |
| Year | 2021 |
2021 No. 29
Town And Country Planning
Made 19th January 2021
Laid before the Scottish Parliament 21th January 2021
Coming into force 28th February 2021
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 19971and sections 98 and 122(3) of the Planning and Compulsory Purchase Act 20042and all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment Order 2021 and comes into force on 28 February 2021.
Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
2.—(1) The Town and Country Planning (General Permitted Development) (Scotland) Order 19923is amended in accordance with paragraphs (2) and (3).
(2) In schedule 1 (permitted development), in Part 25C (development by local authorities and health service bodies) in sub-paragraph (3)(b) of class 72C for “1 July 2021” substitute “31 December 2021”.
(3) In schedule 1 after Part 25C insert—
“PART 25D
Development by the Crown relating to a pandemic
Class 72D
1Development 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
(c)taking other action in connection with a pandemic.
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,
(c) the height of any new building exceeds—
(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 18 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...
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