Citation, commencement and interpretation

1.-(1) This Order may be cited as the Town and Country Planning (Miscellaneous Amendments and Transitional Saving Provision) (Scotland) Order 2016 and comes into force on 10th February 2017.

(2) In this Order-

"the Permitted Development Order" means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992(2); and

"the Use Classes Order" means the Town and Country Planning (Use Classes) (Scotland) Order 1997(3).

Amendments to the Permitted Development Order

2.-(1) The Permitted Development Order is amended in accordance with the following paragraphs.

(2) In Part 3 (changes of use) of schedule 1, after sub-paragraph (2) of class 13 insert-

"Class 13A.    Development consisting of a change of use of a building or land to a use within-

class 1 (shops); or

(b)class 2 (financial, professional and other services)

from a use as a betting office or pay day loan shop.".

(3) In the interpretation section of Part 3(4)-

(a)after "For the purposes of Part 3-" insert-

""pay day loan shop" has the meaning given in article 3(6) of the Use Classes Order(5)";

(b)for "and "Class 13"" substitute ", "Class 13" and "Class 13A""; and

(c)for "four" substitute "five".

Amendments to the Use Classes Order

3.-(1) The Use Classes Order is amended in accordance with the following paragraphs.

(2) In article 3(5) (exclusion from use classes)-

(a)omit "or" occurring after sub-paragraph (i); and

(b)after sub-paragraph (k) insert(6)-

"(l)as a betting office; or

(m)as a pay day loan shop.".

(3) After article 3(5), insert-

"(6) In this article-

"high-cost short-term credit" has the meaning given in the edition of the Financial Conduct Authority's Handbook which came into effect on 1st April 2014 (following an amendment by the Authority in the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014(7)); and

"pay day loan shop" means premises-

(4) In the schedule (use classes), in sub-paragraph (c) of class 2 (financial, professional and other services) omit "(including use as a betting office)".

Transitional saving provision for premises in the process of conversion to use as a betting office

4.-(1) The Use Classes Order continues to have effect, in respect of a change of use of a building to use as a betting office, as if it had not been amended by this Order if-

(a)such change of use occurs before 10th February 2020; and

(b)at the time that such change of use occurs the building is authorised to be used for the provision of facilities for betting by a betting premises licence, within the meaning of Part 8 of the Gambling Act 2005(8), issued before 10th February 2017 in relation to the building.

(2) In this article, "pay day loan shop" has the meaning given in article 3(6) of the Use Classes Order.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ("the Permitted Development Order") and the Town and Country Planning (Use Classes) (Scotland) Order 1997 ("the Use Classes Order").

The Permitted Development Order permits certain classes of development without the need to apply to the planning authority for express planning permission under the Town and Country Planning (Scotland) Act 1997 ("the 1997 Act"). These permitted development rights include rights for various changes of use of a building. This Order amends the Permitted Development Order by providing a new permitted development right to allow a change of use to a shop and financial, professional and other services from a betting office or pay day loan shop.

The Use Classes Order specifies classes for the purposes of section 26(2)(f) of the 1997 Act which provides that a change of use of a building or other land does not involve development for the purposes of the 1997 Act if the new use and the former use are both within the same specified class. This Order amends the Use Classes Order by providing that use as a betting office and use as a pay day loan shop are included in article 3(5) of the Use Classes Order: the list of uses excluded from the specified classes.

Article 4 of this Order makes transitional saving provision in relation to premises which at the date of coming into force of this Order are in the process of converting to a betting office. The transitional saving provision is that: for 3 years after this Order comes into force, the Use Classes Order continues to have effect in relation to such premises as if it had not been amended by this Order.

A Business and Regulatory Impact Assessment has been prepared in relation to this Order and has been placed in the Scottish Parliament Information Centre. Copies can be obtained free of charge from the Scottish Government Planning Directorate, Area 2H, Victoria Quay, Edinburgh, EH6 6QQ.