The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies;

includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

means an aerodrome as defined in article 96 of the Air Navigation Order 1985 which is— (a) licensed under that order;

means land which, before development permitted under this Order is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business and excludes any dwellinghouse or garden or any land used for the purposes of fish farming;

means agricultural land which is occupied as a unit for the purposes of agriculture other than fish farming, but includes— (a) any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit;

has the meaning given in section 83(1) of the Environment Act 1995;

means, in respect of any particular item of equipment, a period of three months commencing on the date on which that equipment was placed or assembled.

has the same meaning as in section 61 of the Ancient Monuments and Archaeological Areas Act 1979.

means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC;

means a restoration scheme which is approved when an application made under sub-paragraph (2)( a) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the planning authority (with or without conditions);

means a mooring which is original equipment or which is placed or assembled by virtue of planning permission granted by Part 6A of this Order;

means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

means a platform, enclosed by a wall or balustrade, projecting outward from the external wall of a building, with access from an upper floor window or door;

means to share a common boundary, and “bounding” is to be construed accordingly;

has the same meaning as for the purposes of Part I of the Caravan Sites and Control of Development Act 1960;

means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;

means personal care including the provision of appropriate help with physical and social needs or support including medical care and treatment;

means a listed building specified as being category A in a list of buildings compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (listing of buildings of special architectural or historic interest);

means a road which is for the time being so classified under section 11 of the Roads (Scotland) Act 1984;

means minerals other than coal which are, or may be, won and worked by coal-mining operations;

means the simultaneous generation in one process of thermal energy and electrical and/or mechanical energy;

means an area of special architectural or historic interest designated as a conservation area under section 262 of the Act;

means a use of land begun in contravention of Part II of the Town and Country Planning (Scotland) Act 1947;

has the meaning given in section 12(3) of the Crofters (Scotland) Act 1993, • “cubic content” means the cubic content of a structure or building measured externally;

means a national scenic area, National Park, conservation area, historic garden or designed landscape or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument.

means land identified, in accordance with paragraph (a) of the definition of “seam plan”, in a seam plan which was deposited with the planning authority before 1st September 1994;

includes its frame;

means a dwellinghouse, a building containing one or more flats or a flat contained within such a building;

has the meaning assigned to that term by section 64(1) of the Electricity Act 1989;

has the meaning assigned to that term by the said section 64(1);... • “electricity undertaker” means the holder of a licence under section 6 of the Electricity Act 1989, • “electronic communications line” means a wire or cable (including its casing or coating) which forms part of a an electronic communications apparatus within the meaning assigned to that term by paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003.

means the holder of a licence under section 6 of the Electricity Act 1989, • “electronic communications line” means a wire or cable (including its casing or coating) which forms part of a an electronic communications apparatus within the meaning assigned to that term by paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003.

has the meaning given in section 15(1) of the Electronic Communications Act 2000;

means a wire or cable (including its casing or coating) which forms part of a an electronic communications apparatus within the meaning assigned to that term by paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003.

means a building containing shops having frontages to an arcade or mall or other covered circulation area;

means any development that increases the internal volume of the original building, and includes a canopy or roof, with or without walls, which is attached to the building but does not include a balcony;

means lawful use within the meaning of section 150 of the Act.

means demolition— (a) on land which is the subject of a planning permission for the redevelopment of the land— (a) granted under Part III of the Act (except under article 3 of, and this Schedule to, this Order), or (ii) deemed to be granted under that Part of that Act, where the demolition is necessary in order to implement that planning permission, or (b) required or permitted to be carried out by or under any enactment, or (c) required to be carried out by any provision of an agreement made under section 50 of the Act;

means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;

means a fish farm treated as forming an existing fish farm by virtue of paragraph (1A);

means a tank or cage used for the purposes of fish farming other than for the breeding, rearing or keeping of shellfish (including any kind of sea urchin, crustacean or mollusc);

means a place used for the purposes of fish farming;

means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for transfer to other waters;

means a separate and self-contained set of premises whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally;

means the total floor space in a building taking each floor into account but excluding, any area where the headroom measures less than 1.5 metres;

means an area of ground covered by development, • “reverse vending machine” means a machine for the purpose of accepting scheme packaging, reimbursing deposits for each item of scheme packaging accepted, and retaining the scheme packaging for collection within the meaning of the Deposit and Return Scheme for Scotland Regulations 2020, and any associated enclosure, building, canopy or other structure, • “scheme packaging” has the meaning given in regulation 3(2) of the Deposit and Return Scheme for Scotland Regulations 2020, • “shop” means a building used for any purpose within paragraph (1) of class 1A of the schedule of the Use Classes Order,... •...

means solar PV which is not installed on a building, • “free standing solar thermal equipment” means solar thermal equipment which is not installed on a building, • “microgeneration” has the meaning given in section 82(6) of the Energy Act 2004;

means solar thermal equipment which is not installed on a building, • “microgeneration” has the meaning given in section 82(6) of the Energy Act 2004;

means a wind turbine which is not installed on a building;

means that part of the curtilage of the building forward of the principal elevation of the building.

means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

means a battlefield which is included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979;

means a garden or landscape which is included in the inventory of gardens and designed landscapes compiled and maintained under section 32A of the Ancient Monuments and Archaeological Areas Act 1979;

means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking but does not include a building on land in or adjacent to and occupied together with a mine;

means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine.

means a process for or incidental to any of the following purposes— (a) the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

means premises licensed for the sale of alcoholic liquor pursuant to the provisions of the Licensing (Scotland) Act 1976 or premises licensed pursuant to the provisions of the Betting, Gaming and Lotteries Act 1963;

means a listed building withing the meaning of section 52(7) of the Act;

has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973;

has the meaning given in section 82(6) of the Energy Act 2004 and “domestic microgeneration” means the production of electricity or heat for domestic consumption using microgeneration equipment;

means that part of the radio spectrum above 1,000MHz;

means a satellite antenna or a terrestrial microwave antenna;

means any area, including an aerodrome, depot, mooring or port, at which the storage of military explosives may be undertaken and for which the associated explosives safeguarding zone is identified on a safeguarding map, issued by the Secretary of State and provided to a planning authority for the purposes of the Town and Country Planning (Safeguarded Aerodromes, Technical Sites, Meteorological Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2016, • “mine” means any site on which mining operations are carried out;

means any site on which mining operations are carried out;

includes coal won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal or confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal, but does not include any other coal;

means the winning and working of minerals in, on or under land, whether by surface or undergrounding working;

includes an anchor;

means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;

means an area designated as a nature conservation marine protected area by a designation order made by the Scottish Ministers under section 67 of the Marine (Scotland) Act 2010.

has the same meaning as in article 7A(4).

means a building other than a dwelling or a building containing a dwelling;

means a building other than a dwelling or a building containing a dwelling;

means a pipe-line, as defined in section 65 of the Pipe-lines Act 1962, which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations, except– (a) a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act 1962;

means a pipeline (as that term is defined in section 65 of the Pipelines Act 1962 which contains or is intended to contain a hazardous substance, but does not include a pipeline which has been authorised under section 1 of the Pipelines Act 1962, or a pipeline which contains, or is intended to contain, no hazardous substance other than— (a) a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute;

means the Notification of Installations Handling Hazardous Substances Regulations 1982;

means, in relation to a building existing on 1st July 1948, as existing on that date and, in relation to a building built on or after 1st July 1948, as so built;

means in relation to a fish farm, the equipment placed or assembled in respect of that fish farm pursuant to consent granted by— (a) planning permission granted following an application made under Part III of the Act;

means a bird kept in captivity which is not poultry and includes a bird kept as a pet;

includes any application of colour.

includes any structure or erection in the nature of plant or machinery;

means birds reared or kept in captivity for the production of meat or eggs for consumption, for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

has the same meaning as in section 54(3) of the Coal Industry Act 1994 and references in this class to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

means the elevation of the building which by virtue of its design or setting, or both, is the principal elevation, • “rear elevation” means the elevation of the building that is opposite its principal elevation, • “side elevation” means the elevation of the building linking the principal elevation with the rear elevation, • “significant extension” and “significant alteration” mean any extension or alteration of the building or structure where the cubic content of the original building or structure would be exceeded by more than 10% or the height of the building or structure as extended or altered would exceed the height of the original building or structure;

has the meaning assigned to it by section 151(1) of the Roads (Scotland) Act 1984.

means a road or footpath which is not maintainable at the public expense;

means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt;

means a public service vehicle or tramcar within the meaning of the Public Passenger Vehicles Act 1981 or a trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988.

means— (a) a dwellinghouse;

means a platform with a height greater than 300 millimetres;

means that part of the curtilage of the original dwellinghouse which is not the front curtilage;

means the elevation of the building that is opposite its principal elevation, • “side elevation” means the elevation of the building linking the principal elevation with the rear elevation, • “significant extension” and “significant alteration” mean any extension or alteration of the building or structure where the cubic content of the original building or structure would be exceeded by more than 10% or the height of the building or structure as extended or altered would exceed the height of the original building or structure;

means a small cell system— ((a)) to which Commission Implementing Regulation (EU) 2020/1070 on specifying the characteristics of small-area wireless access point pursuant to Article 57 paragraph 2 of Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (recast) (“Commission Regulation 2020/1070”) applies, ((b)) which complies with the requirements of the European Standard laid down at point B of the Annex to Commission Regulation 2020/1070, and ((c)) is either— ((i)) fully and safely integrated into its supporting structure and therefore invisible to the general public, or ((ii)) meets the conditions set out in Point A of the Annex to Commission Regulation 2020/1070, •... • “road” has the meaning assigned to it by section 151 of the Roads (Scotland) Act 1984;

has the meaning given in article 14(6)(c) of the Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007.

means the earlier of– (a) 26th March 2009;

means a notice signed and dated by or on behalf of the developer and containing– (a) the name of the developer;

means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine;

means the dwellinghouse as enlarged, taking into account any previous enlargement;

means a group of 3 or more retail stores, at least one of which has a minimum internal floor area of 1,000 square metres and which— (a) are set apart from existing shopping centres but within an existing or proposed urban area;

means a machine for the purpose of accepting scheme packaging, reimbursing deposits for each item of scheme packaging accepted, and retaining the scheme packaging for collection within the meaning of the Deposit and Return Scheme for Scotland Regulations 2020, and any associated enclosure, building, canopy or other structure, • “scheme packaging” has the meaning given in regulation 3(2) of the Deposit and Return Scheme for Scotland Regulations 2020, • “shop” means a building used for any purpose within paragraph (1) of class 1A of the schedule of the Use Classes Order,... •...

has the meaning assigned to it by section 151 of the Roads (Scotland) Act 1984;

means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is— (a) so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;

means an area notified to a planning authority— ((a)) by the Health and Safety Executive for the purposes of paragraph 3 of schedule 5 of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013, ((b)) by the Office for Nuclear Regulation for the purposes of paragraph 3A of schedule 5 of those Regulations, • “satellite antenna” means apparatus designed for transmitting... radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

means apparatus designed for transmitting... radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

has the meaning given in regulation 3(2) of the Deposit and Return Scheme for Scotland Regulations 2020, • “shop” means a building used for any purpose within paragraph (1) of class 1A of the schedule of the Use Classes Order,... •...

means a plan or plans on a scale of not less than 1 to 25,000 showing– (a) land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at a mine at 29th June 1994, without further development on an authorised site other than development permitted by Class 59 of Schedule 1 to this Order;

means a net structure including a sea lice skirt or predator net which is secondary to a main containing finfish pen net.

means a fish farm which is used solely for the purpose of breeding, rearing or keeping shellfish.

means a building used for any purpose within paragraph (1) of class 1A of the schedule of the Use Classes Order,... •...

means a building, or part of a building, used for any purpose within class 1A to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended except for the purposes of an enclosed shopping centre or retail park;... •...

means the elevation of the building linking the principal elevation with the rear elevation.

means land which is included in the schedule of monuments compiled... under section 1 of the Ancient Monuments and Archeological Areas Act 1979 or is within an area of land which is designated as an area of archeological importance under section 33 of that Act or is within a site which has been included in a Sites and Monuments Record held by any local authority before the coming into force of this Order;

means land in respect of which notification procedure has been carried out in accordance with section 28(1) of the Wildlife and Countryside Act 1981;

means solar photovoltaics;

includes, in addition to any person mentioned in section 275(1) of the Act, a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part), the Civil Aviation Authority, public gas transporters within the meaning of section 7 of the Gas Act 1986 and the holder of a licence under section 6 of the Electricity Act 1989;

means— (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;

means a dwellinghouse— (a) situated in a row of three or more buildings used, or designed for use, as single dwellinghouses;

means apparatus designed for transmitting or receiving terrestrial radio energy between two fixed points;

means the Caravan Sites and Control of Development Act 1960;

means the Town and Country Planning (Minerals) Act 1981;

means the Town and Country Planning (Scotland) Act 1972;

includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used;

means a toll which may be charged pursuant to a toll order;

means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;

means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;

has the same meaning as in Part II of the New Roads and Street Works Act 1991.

means a road which is the subject of a toll order;

means a building or enclosure designed to be used for the storage of shopping trolleys.

means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984;

means land which is occupied as a unit for the same purpose or related purposes.

means the Town and Country Planning (Use Classes) (Scotland) Order 1997;

means a building used as a wholesale warehouse, or repository for any purpose and does not include a building on land in or adjacent to and occupied together with a mine.

means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, a day appointed for public thanksgiving or mourning, or any other day which is a local or public holiday in an area in which the electronic communication is received.

means land appearing on the World Heritage List kept under article 11(2) of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.