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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 270
TOWN AND COUNTRY PLANNING
The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006

	Made	17th May 2006
	Laid before the Scottish Parliament	19th May 2006
	Coming into force	12th June 2006

The Scottish Ministers, in exercise of the powers conferred by sections 26(2)(f), 30 and 31(1) of the Town and Country Planning (Scotland) Act 1997[1] and sections 98 and 122(3) of the Planning and Compulsory Purchase Act 2004[2] hereby make the following Order:

Citation, commencement and extent
     1. —(1) This Order may be cited as the Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006 and shall come into force on 12th June 2006.

    (2) This Order extends to Scotland only.

The Town and Country Planning (Churches, Buildings for Religious Worship and Burial Grounds) (Scotland) Regulations 1948
     2. The Town and Country Planning (Churches, Buildings for Religious Worship and Burial Grounds) (Scotland) Regulations 1948[3] apply to the Crown.

The Caravan Sites (Licence Applications) (Scotland) Order 1960
     3. The Caravan Sites (Licence Applications) (Scotland) Order 1960[4] applies to the Crown.

The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 1975
     4. —(1) The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 1975[5] apply to the Crown with the following modifications.

    (2) In regulation 11 (trees in conservation areas) after (iv) insert–

6

(3) In the Schedule (form of tree preservation orders), in paragraph 7, after "Part III" insert "or section 242A[7]".

(4) In the Second Schedule–

(b) after paragraph (4) insert–

8

The Town and Country Planning (General) (Scotland) Regulations 1976
     5. Regulation 3 of and Schedule 1 to the Town and Country Planning (General) (Scotland) Regulations 1976[9] (notices and counter-notices relating to planning blight) apply to the Crown.

The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984
     6. —(1) The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984[10], with the exception of regulation 7(1)(liability for contravention of the regulations), apply to the Crown with the following modifications.

    (2) In Schedule 4 (specified classes of advertisement displayed with deemed consent)–

The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987
7. —(1) The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987[11]apply to the Crown with the following modifications.

(2) After regulation 4 (applications to vary or discharge conditions) insert–

Applications – national security

4A.

The validity of an application shall not be affected by failure to disclose information as to–

where the application is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in (a) or (b) above, and that public disclosure of that information would be contrary to the national interest.".

(3) In regulation 5 (advertisement of applications) after paragraph (2) insert–

" (3) Where an application under section 73B(2)[

12

(4) In regulation 6 (certificate to accompany applications and appeals) after paragraph (4) insert–

(5) For regulation 7 (application for listed building or conservation area consent in anticipation of disposal of Crown land) substitute–

Application for listed building or conservation area consent in respect of Crown land

7.

The following provisions of these Regulations shall, in their application to the making and determination of applications for listed building consent and conservation area consent in respect of Crown land, have effect subject to the following modifications–

(6) In Schedule 2 (certificates under regulation 6)–

17

" "operational Crown building" means a building which is operational Crown land;

"operational Crown land" means–

but does not include–

"operational purposes" means the purposes of carrying on the functions of the Crown or of The Scottish Parliamentary Corporate Body;"; and

" "original" means–

(3) In article 3(10) (permitted development) after sub-paragraph (f) insert–

(4) In article 4(6) (directions restricting permitted development)–

(b) In Schedule 1 (permitted development) after Part 25 (closed circuit television cameras) insert Parts 26 to 32 as set out in the Schedule to this Order.

The Town and Country Planning (General Development Procedure) (Scotland) Order 1992
12. —(1) The Town and Country Planning (General Development Procedure) (Scotland) Order 1992[18]applies to the Crown with the following modifications.

(2) After article 3 insert–

Applications in respect of Crown land

3A.

–

(1) An application for planning permission in respect of Crown land shall be accompanied by–

(3) After article 13 (direction by planning authorities requiring further information) insert–

" Applications – national security

13A.

The validity of an application shall not be affected by failure to disclose information as to–

where the application is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in (a) or (b) above, and that public disclosure of that information would be contrary to the national interest.".

(4) After article 28 (procedure on receipt of application) insert–

" Applications for certificate of lawful use or development - national security

28A.

The validity of an application shall not be affected by failure to disclose information as to–

where the application is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in (a) or (b) above, and that public disclosure of that information would be contrary to the national interest.".

(5) After Part 3 insert–

" PART 3A
APPLICATIONS FOR PERMISSION UNDER SECTION 242A

22A.

–

(1) This Order applies to an application made to the Scottish Ministers under section 242A[

19

(4) In article 15 (consultation before grant of planning permission), omit paragraph (1)(n)(i).

(5) Articles 12(5) and (9), 13, 14, 22 and Part 4 shall not apply.".

The Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992
     13. The Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992[20]apply to the Crown.

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993
     14. —(1) The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993[21]apply to the Crown with the following modifications.

    (2) In regulation 4 (exemptions), after paragraph (1) insert–

    (3) In regulation 15 (claim for deemed consent) in paragraph (1), after "section 10A" insert "or section 30D[22]";

    (4) In regulation 16 (conditions on deemed consent), after "section 10A(6)(b)" insert "and section 30D(8)(b)".

    (5) In Schedule 2 (prescribed forms, notices and certificates) in Form 12–

The Conservation (Natural Habitats, &c.) Regulations 1994
15. Part 4 of the Conservation (Natural Habitats, &c.) Regulations 1994[23] (adaptation of planning and other controls) applies to the Crown as if, in regulation 54(2) (grant of planning permission), after sub-paragraph (a) there were inserted–

24

The Town and Country Planning (Use Classes) (Scotland) Order 1997
16. —(1) The Town and Country Planning (Use Classes) (Scotland) Order 1997[25]applies to the Crown with the following modifications.

(2) In the Schedule–

Class 8A. Secure residential institutions

The Town and Country Planning (Minerals) (Scotland) Regulations 1998
     17. The Town and Country Planning (Minerals) (Scotland) Regulations 1998[26]apply to the Crown.

The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) (Scotland) Regulations 1998
     18. The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) (Scotland) Regulations 1998[27]apply to the Crown.

The Visiting Forces and International Headquarters (Application of Law) Order 1999
     19. In the Visiting Forces and International Headquarters (Application of Law) Order 1999[28]article 11 paragraph (3)(b), for "section 74(6)" substitute "section 73C"[29].

     20. The Environmental Impact Assessment (Scotland) Regulations 1999- The Environmental Impact Assessment (Scotland) Regulations 1999[30]apply to the Crown with the following modifications.

    (2) After regulation 28A, insert–

Applications for permission under section 242A

28B.

–

(1) These Regulations shall apply to an application made to the Scottish Ministers under section 242A[

31

(7) In regulation 14 (consultation where environmental statement received by planning authority)–

(8) For regulation 20 (availability of opinions, directions, etc. for inspection) substitute–

Availability of opinions, directions, etc. for inspection

20.

–

(1) Where the Scottish Ministers–

before the application is made for the development in question, the Scottish Ministers shall send a copy of the opinion, request, direction, environmental statement including any further information and any accompanying statement of reasons to the planning authority for the area to which the application relates.

(2) Where the planning authority receive copies of an opinion, request direction and any accompanying statement of reasons under paragraph (1) they shall take steps to secure that the documents are made available for public inspection at all reasonable hours in at the place where the appropriate register (or relevant section of that register is kept).

(3) Documents made available under paragraph (2) shall remain so available for a period of two years.".

(9) In regulation 21 (duties to inform the public and the Scottish Ministers of final decisions)–

(a) for paragraph (1) substitute–

" (1) Where an EIA application is determined by the Scottish Ministers they shall–

(b) for paragraph (2) substitute–

" (2) The planning authority shall, as soon as reasonably practicable after receipt of a notification under paragraph (1)(a)–

(c) paragraph (3) is omitted.".

The Town and Country Planning (Fees for Applications and Deemed Applications)(Scotland) Regulations 2004
21. The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004[32]apply to the Crown.

MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
17th May 2006

SCHEDULE

Article 11

PART 26

DEVELOPMENT BY THE SCOTTISH MINISTERS AS ROADS AUTHORITY
Class 73 —

(1) The carrying out by the Scottish Ministers of development in connection with a project for:

(a) the construction of a new road for which the Scottish Ministers are roads authority;

(b) the improvement of a road authorised by an order such as is mentioned in paragraph 1 of Schedule 1 to the Roads (Scotland) Act 1984[

33];

(c)

the improvement of a road without such an order.

(2) For the purposes of this class "roads authority" has the same meaning as in section 151 of the Roads (Scotland) Act 1984.

Class 74. The carrying out by the Scottish Ministers of development (other than development falling within Class 73) in exercise of their functions under the Roads (Scotland) Act 1984, or development in connection with, or incidental to, the exercise of those functions.

PART 27

DEVELOPMENT BY THE CROWN
Class 75 —

(1) The erection or construction and the maintenance, improvement or other alteration by or on behalf of the Crown of–

(a)

any small ancillary building, works or equipment on Crown land required for operational purposes;

(b)

lamp standards, information kiosks, passenger shelters, shelters and seats, telephone boxes, fire alarms, drinking fountains, refuse bins or baskets, barriers for the control of people and vehicles and similar structures or works required in connection with operational purposes.

    (2) The reference in Class 75(1)(a) to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.

     Class 76. —

    (1) The extension or alteration by or on behalf of the Crown of an operational Crown building.

    (2) Development is not permitted by this class if–

(b) the height of the building as extended or altered would exceed the height of the original building;

(c) the floor space of the original building would be exceeded by more than 1,000 square metres in any other case;

(d) the external appearance of the original building would be materially affected;

(e) any part of the building as extended or altered would be within 5 metres of any boundary of the curtilage of the original building; or

(f) the development would lead to a reduction in the space available for the parking or turning of vehicles.

(3) For the purposes of this class–

Class 77 —

(1) Development carried out by or on behalf of the Crown on operational Crown land for operational purposes consisting of–

(a)

the installation of additional or replacement plant or machinery;

(b)

the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

(c)

the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

(2) Development described in Class 77(1)(a) is not permitted if–

(3) In this class, "Crown land" does not include land in or adjacent to and occupied together with a mine.

Class 78 The provision by or on behalf of the Crown of a hard surface within the curtilage of an operational Crown building.

PART 28

AVIATION DEVELOPMENT BY THE CROWN
     Class 79 —

    (1) The carrying out on operational Crown land, by or on behalf of the Crown, of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airbase.

    (2) Development is not permitted by this class if it would consist of or include–

(3) Development is permitted by this class subject to the condition that the relevant airbase operator consults the planning authority before carrying out any development, unless that development falls within the description in paragraph (5).

(4) Development falls within this paragraph if–

    (5) For the purposes of this class, "operational building" means an operational Crown building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, military or civilian personnel, goods, military equipment, munitions and other items.

     Class 80 The carrying out on operational land within the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

     Class 81 —

    (1) The carrying out on operational land outside but within 8 kilometres of the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

    (2) Development is not permitted by this class if–

     Class 82 —

    (1) The carrying out on operational land, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

    (2) Development is not permitted by this class if–

     Class 83 —

    (1) The use of land by or on behalf of the Crown in an emergency to station moveable apparatus replacing unserviceable apparatus in connection with the provision of air traffic services.

    (2) Development is permitted by this class subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be 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.

     Class 84 —(1) The use of land by or on behalf of the Crown to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

    (2) Development is permitted by this class subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, any structure shall be removed, and the land shall be 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.

     Class 85 —

    (1) The use of land by or on behalf of the Crown for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

    (2) Development is permitted by this class subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

     Class 86 The use of buildings by or on behalf of the Crown within the perimeter of an airbase for purposes connected with air transport services or other flying activities at that airbase.

Interpretation of Part 28
For the purposes of Part 28–

"airbase" means the aggregate of the land, buildings and works comprised in a Government aerodrome within the meaning of article 155 of the Air Navigation Order 2005[

34

35

PART 29

CROWN RAILWAYS, DOCKYARDS ETC. AND LIGHTHOUSES
     Class 87 —

    (1) Development by or on behalf of the Crown on operational Crown land, required in connection with the movement of traffic by rail.

    (2) Development is not permitted by this class if it consists of or includes–

(3) For the purposes of this class–

Class 88 —

(1) Development by or on behalf of the Crown or its lessees on operational Crown land where the development is required–

(a)

for the purposes of shipping; or

(b)

at a dock, pier, pontoon or harbour in connection with the embarking, disembarking, loading, discharging or transport of military or civilian personnel, military equipment, munitions or other items.

    (2) Development is not permitted by this class if it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic.

    (3) For the purposes of this class, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

     Class 89 The use of any land by or on behalf of the Crown for the spreading of any dredged material resulting from a dock, pier, harbour, water transport, canal or inland navigation undertaking.

     Class 90 —

    (1) Development by or on behalf of the Crown on operational Crown land, or for operational purposes, consisting of–

(a)

the use of the land as a lighthouse, with all requisite works, roads and appurtenances;

(b)

the extension of, alteration, or removal of a lighthouse; or

(c)

the erection, placing, alteration or removal of a buoy or beacon.

(2) Development is not permitted by this class if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

(3) For the purposes of this class–

"buoys and beacons" includes all other marks and signs of the sea; and

"lighthouse" includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signals.

PART 30

EMERGENCY DEVELOPMENT BY THE CROWN
Class 91 —

(1) Development by or on behalf of the Crown on Crown land for the purposes of–

(a)

preventing an emergency;

(b)

reducing, controlling or mitigating the effects of an emergency; or

(c)

taking other action in connection with an emergency.

(2) Development is permitted by this class subject to the following conditions–

(3) For the purposes of this class, "emergency" means an event or situation which threatens serious damage to–

(4) For the purposes of paragraph (3)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause–

(5) For the purposes of paragraph (3)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause–

PART 31

DEVELOPMENT FOR NATIONAL SECURITY PURPOSES
     Class 92 —

    (1) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall of other means of enclosure by or on behalf of the Crown on Crown land for national security purposes.

    (2) Development is not permitted by this class if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 4.5 metres above ground level.

     Class 93 —

    (1) The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting for national security purposes.

    (2) Development is not permitted by this class if–

(3) Development is permitted by this class subject to the following conditions–

(4) For the purposes of this class–

"camera" except in paragraph (2)(a) includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; and

"ground level" means the level of the surface of the ground immediately adjacent to the building to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

Class 94 —

(1) Development by or on behalf of the Crown for national security purposes in, on, over or under Crown land, consisting of–

(a)

the installation, alteration or replacement of any electronic communications apparatus;

(b)

the use of land in an emergency for a period not exceeding six months to station and operate moveable electronic communications apparatus required for the replacement of unserviceable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use; or

(c)

development ancillary to radio equipment housing.

(2) Development is not permitted by Class 94(1)(a) if–

whichever is the greater;

(d) in the case of the installation, alteration or replacement of apparatus on a building, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building by more than the height of the existing apparatus or–

whichever is the greater;

(e) in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast and the apparatus supported by it would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in sub-paragraphs (a), (b), (c) and (d) above, and for the purposes of applying the limit specified in sub-paragraph (c), the words "(taken by itself) " shall be disregarded;

(f) in the case of the installation, alteration or replacement of any apparatus other than–

the ground or base area of the structure would exceed the ground or base area of the existing structure or 1.5 square metres, whichever is the greater;

(g) in the case of the installation, alteration or replacement of an antenna on a building (other than a mast) which is less than 15 metres in height; on a mast located on such a building; or, where the antenna is to be located below a height of 15 metres above ground level, on a building (other than a mast) which is 15 metres or more in height–

(h) in the case of the installation, alteration or replacement of a dish antenna on a building (other than a mast) which is 15 metres or more in height, or on a mast located on such a building, where the antenna is located at a height of 15 metres or above, measured from ground level the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;

(i) in the case of the installation of a mast, on a building which is less than 15 metres in height, such a mast would be within 20 metres of a highway, unless it is essential for operational purposes that the mast is installed in that position;

(j) in the case of the installation, alteration or replacement of radio equipment housing–

(3) Development consisting of the installation of apparatus is not permitted by Class 94(1)(a) on land in a designated area unless–

(4)

    (5) Class 94(1)(a) and (c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

    (6) Class 94(1)(a) development consisting of the installation of any additional apparatus on land in a designated area is permitted subject to the condition that the apparatus shall be installed as close as reasonably practicable to any existing apparatus.

    (7) Class 94(1)(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall, at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

    (8) Class 94 development–

is permitted subject, except in case of emergency, to the conditions set out in paragraph (9).

(9)

(b) Where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall, before commencing development, notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate.

(10) For the purposes of this class–

"aerodrome operator" means the person who is for the time being responsible for the management of the aerodrome;

"development ancillary to radio equipment housing" means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing;

"appropriate notice" means a notice signed and dated by or on behalf of the developer and containing–

"land in a designated area" means land or buildings in a National Park, National Scenic Area, Natural Heritage Area, conservation area, historic gardens or designed landscapes, or site of special scientific interest;

"local advertisement" means by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed development relates is situated;

"mast" means a radio mast or a radio tower;

"relevant day" means–

whichever is later;

"relevant period" means a period which expires–

whichever occurs first; and

"tenant" means the tenant of an agricultural holding any part of which is comprised in the land to which the proposed development relates.