Planning circular 2/2015: non-domestic permitted development rights - consolidated circular - updated 2021
This circular consolidates, updates and replaces certain previous guidance on non-domestic Permitted Development Rights (PDRs).
This document is part of a collection
1. 'Notifiable pipeline' means a pipeline used for dangerous liquids such as oil, ammonia, etc or gases such as natural gas. These have to be notified to the Health and Safety Executive prior to construction work.
2. S.I. 1994/2716
3. Circular 1/2008 covered amendments to Class 72A which extended the temporary permitted development rights for housing birds in the event of a Bird Flu epidemic for a further 12 month period.
4. Circular 6/2007 covered the creation of Class 72A of the GPDO which created temporary permitted development rights for housing birds in the event of a Bird Flu outbreak. The temporary PDR were put in place for 12 months.
5. For the purposes of class 18, a designated area means a national scenic area, a National Park, a World Heritage Site, a historic garden or designed landscape, the curtilage of a category A listed building, a site of archaeological interest or conservation area.
6. The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) (SI 1992 No.223) .
7. These private ways are commonly referred to as tracks or hill tracks, although the legislation applies to all agricultural and forestry tracks regardless of location or elevation.
8. Agricultural land is defined for this purpose as land that is in use for agriculture and which is so used for the purposes of a trade or business. Gardens are specifically excluded.
9. The area of 0.4 hectares must be one piece of land except in certain planning authority areas (Argyll & Bute, Highland, Orkney, Shetland and the Western Isles) where it can be calculated by adding together the area of separate parcels of land.
10. The Town and Country Planning (Environmental Impact Assessment)(Scotland) Regulations 2017, S.S.I. 2017/102
11. S.S.I. 2017/113
12. The Town and Country Planning (Restriction of Permitted Development) (National Scenic Areas) (Scotland) Direction 1987
13. S.I. 1994/2716
14. A prior notification is taken to be valid on the date that the last piece of information required to accompany the prior notification is received by the planning authority. This may not necessarily be the same date as that on which the information was sent to the planning authority; for example, if the information was sent by post.
15. The Communications Act 2003, see paragraph 2 in Schedule 3A and Section 405: http://www.legislation.gov.uk/ukpga/2003/21/contents. [Note: the text of Schedule 3A may need to be accessed through the drop down menu of 'outstanding changes' on this web version of the 2003 Act.]
16. Historic Environment Scotland guidance on 'Managing Change in the Historic Environment: Setting' - https://www.historicenvironment.scot/advice-and-support/planning-and-guidance/legislation-and-guidance/managing-change-in-the-historic-environment-guidance-notes/
17. Commission Implementing Regulation (EU) 2020/1070: https://www.legislation.gov.uk/eur/2020/1070/introduction
18. The maximum of two small antennas applies across a dwellinghouse and its curtilage (e.g. not two on the dwellinghouse and two in the curtilage), and there are additional locational restrictions in this regard.
19. A 'link antenna' consists of a satellite antenna on a separate structure (up to four metres in height) and ancillary equipment where this is all located within the compound of an existing ground based mast – where such a compound has been established by a grant of planning permission or prior approval.
20. The Nature Conservation (Scotland) Act 2004 http://www.legislation.gov.uk/asp/2004/6/contents
21. For example; cabinets to house Digital Subscriber Line Access Multiplexer (DSLAM's) and Primary
22. Cross Connection Points (PCP's).
23. A "ground based mast" means a mast constructed or installed either directly or on a plinth or other structure constructed or installed for the purpose of supporting the mast. "mast" means a structure erected by or on behalf of an electronic communications code operator for the support of one or more antennas and includes any mast, pole, tower or other similar structure.
24. The exceptions are; a public call box; any apparatus which does not project above the surface of the ground; equipment housing; any kind of antenna; or a ground based mast.
25. 'Building' includes any structure other than plant or machinery or gate, wall, fence or other means of enclosure
26. 'Small cell system' means a small antenna and any apparatus which is ancillary to that antenna.
27. International Commission on Non-ionising Radiation Protection
28. The radiofrequency public exposure guidelines of the International Commission on Non-Ionising
29. Radiation Protection, as expressed in EU Council recommendation of 12 July 1999 (1999/519/EC) on the limitation of exposure of the general public to electromagnetic fields (0Hz to 300 GHz)
30. The Communications Act 2003: http://www.legislation.gov.uk/ukpga/2003/21/contents - Schedule 3A paragraph 51. [Note: the text of Schedule 3A may need to be accessed through the drop down menu of 'outstanding changes' on this web version of the 2003 Act.]
31. Although 'link antenna' falls with the definition of 'ground based mast', the prior notification and prior approval procedure does not apply where a 'link antenna' is being installed in relation to an existing ground based mast. Any 'link antenna' would need to be included where it was part of a proposal for a new ground based mast.
32. Unlike applications for planning permission, there is no requirement for planning authorities to publish notices in newspapers in such circumstances.
33. "neighbouring land" is defined in Article 7A(4) of the GPDO.
34. There are no requirement for newspaper notices in relation to this procedure under Class 67.
35. Where the property is to be connected to a private water supply, advice should be sought from the environmental health department of the local authority who is responsible for regulating these supplies and must hold a register. For connections to existing private water supplies, permission from the person responsible for this supply is required. In all cases, it is important to ensure that there is an adequate supply of water under all climatic conditions that can be treated to meet drinking water standards which are necessary to protect human health. The responsibility for ensuring that water supplied from a private water supply meets the relevant standards falls to the owners and users of those supplies.
36. Defined in article 2 of the GPDO by reference to section 12(3) of the Crofters (Scotland) Act 1993
37. Where the property is to be connected to a private water supply, advice should be sought from the environmental health department of the local authority who is responsible for regulating these supplies and must hold a register. For connections to existing private water supplies, permission from the person responsible for this supply is required. In all cases, it is important to ensure that there is an adequate supply of water under all climatic conditions that can be treated to meet drinking water standards which are necessary to protect human health. The responsibility for ensuring that water supplied from a private water supply meets the relevant standards falls to the owners and users of those supplies.
38. Class 20A is added to Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
39. Securing a green recovery on a path to net zero: climate change plan 2018 – 2032 update https://www.gov.scot/publications/securing-green-recovery-path-net-zero-update-climate-change-plan-20182032/
40. Introduction to the Peatland Code https://www.iucn-uk-peatlandprogramme.org/funding-finance/peatland-code
41. IUCN UK Peatland Programme https://www.iucn-uk-peatlandprogramme.org/
42. The area of such works, i.e. above 2 hectares, may qualify as 'major development' in the planning hierarchy, but PDR still apply.
43. Class 27 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (the GPDO).
44. Class 14 of Schedule 1 of the GPDO.
45. Regulations 3 and 4(e) of The Forestry (Exemptions) (Scotland) Regulations 2019 in effect exempt felling related to development granted PDR from the requirements of The Felling (Scotland) Regulations 2019.
46. Scottish Government's Policy on the Control of Woodland Removal: https://forestry.gov.scot/publications/285-the-scottish-government-s-policy-on-control-of-woodland-removal/download
47. Scottish Forestry Publications - Protecting and Managing Soil in Forests: https://forestry.gov.scot/publications/forests-and-the-environment/protecting-and-managing-soil-in-forests
48. Where a felling permission has previously been granted and an area of woodland clear felled, that area is still considered woodland (e.g. where restocking of woodland is a condition of felling permission), and Forestry EIA requirements therefore still a potential consideration where peatland restoration involves a change from woodland to peatland.
49. At the time of writing, rights of appeal regarding prior approval involve a right to appeal to the Scottish Ministers. In due course, where a local development is involved and the case delegated to planning authority officials for decision, the right will be to a local review by the planning authority.
50. Planning Circular 5/2013: Schemes of delegation and local reviews - gov.scot (www.gov.scot)
51. Historic Environment Scotland have guidance on 'Managing Change in the Historic Environment: Setting' - https://www.historicenvironment.scot/advice-and-support/planning-and-guidance/legislation-and-guidance/managing-change-in-the-historic-environment-guidance-notes/
52. National designations | NatureScot
53. Water | Scottish Environment Protection Agency (SEPA)
54. Planning Circular 1/2017: Environmental Impact Assessment regulations - gov.scot (www.gov.scot) – this contains guidance on aspects of the Planning EIA Regulations, including screening
55. For the purposes of class 9I, a commercial building means a building used for any purpose within class 4, 5 or 6 of the Town and Country Planning (Use Classes) (Scotland) Order 1997
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