Planning circular 2/2024: non-domestic permitted development rights

Footnotes

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 Article 3(10) of the GPDO specifies which PDR are not covered by the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 – though this is usually because EIA requirements under other legislation apply.

4 See Appendix 3 of Historic Environment Scotland Circular | Historic Environment Scotland

5 The legislation refers to an application to the planning authority for their determination as to whether prior approval is required – which is abbreviated in this circular to ‘prior notification’.

6 Planning Circular 4/1998: the use of conditions in planning permissions - gov.scot (www.gov.scot)

7 Technical site:

(a) any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 for the provision of air traffic services, particulars of which have been furnished by the Scottish Ministers or the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated, or

(b) any area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated.

8 Technical site:

(a) any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 for the provision of air traffic services, particulars of which have been furnished by the Scottish Ministers or the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated, or

(b) any area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated.

9 Securing a green recovery on a path to net zero: climate change plan 2018 – 2032 update securing-green-recovery-path-net-zero-update-climate-change-plan-20182032/

10 Introduction to the Peatland Code peatlandprogramme.org/funding-finance/peatland-code

11 The area of such works, i.e. above 2 hectares, may qualify as ‘major development’ in the planning hierarchy, but PDR still apply.

12 Class 27 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (the GPDO).

13 Class 14 of Schedule 1 of the GPDO.

14 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.

15 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

16 The Communications Act 2003, see paragraph 2 in Schedule 3A and section 405: Communications Act 2003. [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.]

17 Historic Environment Scotland guidance on ‘Managing Change in the Historic Environment: Setting’ - Managing change in the historic environment

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 For example; cabinets to house Digital Subscriber Line Access Multiplexer (DSLAM’s) and Primary Cross Connection Points (PCP’s).

21 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.

22 For the purposes of this Annex, aerodromes, technical sites, meteorological technical sites and military explosive storage areas have the same meanings as in the Town and Country Planning (Safeguarded Aerodromes, Technical Sites, Meteorological Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2016.

23 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.

24 ‘Building’ includes any structure other than plant or machinery or gate, wall, fence or other means of enclosure

25 ‘Small cell system’ means a small antenna and any apparatus which is ancillary to that antenna.

26 International Commission on Non-ionising Radiation Protection

27 The radiofrequency public exposure guidelines of the International Commission on Non-Ionising 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)

28 The Communications Act 2003: Communications Act 2003 - 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.]

29 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.

30 Unlike applications for planning permission, there is no requirement for planning authorities to publish notices in newspapers in such circumstances.

31 “neighbouring land” is defined in article 7A(4) of the GPDO.

32 There are no requirement for newspaper notices in relation to this procedure under Class 67.

33 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.

34 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.

35 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.

36 The Town and Country Planning (Environmental Impact Assessment)(Scotland) Regulations 2017, S.S.I. 2017/102

37 S.S.I. 2017/113

38 The Town and Country Planning (Restriction of Permitted Development) (National Scenic Areas) (Scotland) Direction 1987

39 S.I. 1994/2716

40 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.

41 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.

42 Defined in article 2 of the GPDO by reference to section 12(3) of the Crofters (Scotland) Act 1993

43 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.

44 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