Town and Country Planning (Use Classes) (Scotland) Order, 1950
| Jurisdiction | UK Non-devolved |
| Citation | SI 1950/1133 |
| Year | 1950 |
1950 No. 1133 (S. 80)
The Town and Country Planning (Use Classes) (Scotland) Order, 195011thJuly 1950
21stJuly 1950
In exercise of the powers conferred on me by sections 10 and 107 of the Town and Country Planning (Scotland) Act, 1947(a), and of all other powers enabling me in that behalf, I hereby make the following Order:—
Citation and commencement
1. This Order may be cited as the Town and Country Planning (Use Classes) (Scotland) Order, 1950, and shall come into force on the 21st day of July, 1950.
Interpretation
2.—(1) The Interpretation Act, 1889(b), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
(2) In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them, namely:—
"the Act" means the Town and Country Planning (Scotland) Act, 1947;
"funfair" includes an amusement arcade or pin-table saloon;
"general industrial building" means an industrial building, other than a light industrial building or a special industrial building;
"industrial building" means a building (other than a building in or adjacent to and belonging to a quarry or mine and other than a shop) used for the carrying on of any process for or incidental to any of the following, purposes, namely,—
(a) the making of any article or of part of any article, or
(b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale or breaking up or demolition of any article, or
(c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals,
being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel;
(b) 52 & 53 Vict. c. 63.
"light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed 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;
"office" includes a bank, but does not include a post office;
"shop" means a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail, and without prejudice to the generality of the foregoing, includes a building used for the purpose of a hairdresser, undertaker or ticket agency or for the reception of goods to be washed, cleaned or repaired, or for any other purpose appropriate to a shopping area, but does not include a building used as a funfair, garage, petrol filling station, office, or hotel or premises (other than a restaurant) licensed for the sale of exciseable liquors for consumption on the premises;
"special industrial building" means an industrial building used for one or more of the purposes specified in Classes V, VI, VII, VIII, IX and X referred to in the Schedule to this Order;
and references to a building may, except where otherwise provided, include references to land occupied therewith and used for the same purposes.
Use classes
3.—(1) Where a building or other land is used for a purpose of any class specified in the Schedule to this Order, the use of such building or other land for any other purpose of the same class shall not be deemed for the purposes of the Act to involve development of the land.
(2) Where a group of contiguous or adjacent buildings used as parts of a single undertaking includes industrial buildings used for purposes falling within two or more of the classes specified in the...
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