ANNEX 2
Scottish Statutory Instruments
2008 No.
TOWN AND COUNTRY PLANNING
The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2008
Made - - - - 2008
Laid before the Scottish Parliament 2008
Coming into force - - 2008
The Scottish Ministers make the following Order, in exercise of the powers conferred on them by sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997( 2) and of all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2008 and shall come into force on [ ].
Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
2.-(1) The Town and Country Planning (General Permitted Development) (Scotland) Order 1992( 3) is amended as follows.
- (2) In Schedule 1 after Part 1 ( Development within the curtilage of a dwellinghouse) add-
"PART 1A
INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT
Class 6A-
(1) The installation, alteration or replacement of solar PV or solar hot water equipment on-
(a) a dwellinghouse or a building containing a flat; or
(b) a building situated within the curtilage of a dwellinghouse, or a building containing a flat
(2) Development is not permitted by this class, in the case of solar PV or solar hot water equipment installed on an existing wall or pitched roof of a dwellinghouse, if:
(a) any part of the solar PV or solar hot water equipment would protrude more than 150mm beyond the external surface of the wall or the plane of the roof; or
(b) any part of the solar PV or solar hot water equipment would project higher than the highest point of the roof (excluding any chimney);or
(c) the solar PV or solar hot water equipment would cover more than 60 % of the external surface of the wall or roof.
(3) Development is not permitted by this class, in the case of a building containing a flat, if-
(a) the solar PV or solar hot water equipment would be installed on any part of the external walls of the building;
(b) in the case of solar PV or solar hot water equipment installed on a pitched roof, if the solar PV or solar hot water equipment would:
(i) protrude more than 150mm beyond the plane of the roof; or
(ii) project higher than the highest point of the roof (excluding any chimney); or
(iii) cover more than 60% of the external surface of the roof.
(4) Development is not permitted by this class, in the case of solar PV or solar hot water equipment installed on a flat roof of a dwellinghouse or building containing a flat, if the solar PV or solar hot water equipment would:
(a) be situated within 1 metre from the edge of the roof; or
(b) protrude more than 1 metre above the plane of the roof; or
(c) cover more than 60% of the external surface of the roof.
(5) Development is not permitted by this class, in the case of land within a conservation area or which is a World Heritage Site, if the solar PV or solar hot water equipment would be installed on a wall or roof slope-
(a) forming the principal elevation of the dwellinghouse or the building containing the flat; and
(b) which faces onto or is visible from a road.
(6) Development is permitted by this class, subject to the following condition-
(a) solar PV or solar hot water equipment no longer needed for domestic microgeneration shall be removed as soon as reasonably practicable.
Class 6B
(1) The installation, alteration or replacement of a free-standing solar within the curtilage of a dwellinghouse or within the curtilage of a building containing a flat.
(2) Development is not permitted by this class if it would result in the presence within the curtilage of more than one free-standing solar.
(3) Development is not permitted by this class if the surface area of the solar panels forming part of the free-standing solar would exceed 9 square metres.
(4) Development is not permitted by this class if any part of the free-standing solar-
(a) would be installed on a building;
(b) would exceed 4 metres in height; or
(c) would be situated within 5 metres of the boundary of the curtilage.
(5) Development is not permitted by this class in the case of land within a conservation area or which is a World Heritage Site, if the free-standing solar would face onto or be visible from a road.
(6) Development is not permitted by this class if the free standing solar would be installed within the curtilage of a listed building.
(7) Development is permitted by this class, subject to the following condition-
(a) free-standing solar equipment no longer needed for domestic microgeneration shall be removed as soon as reasonably practicable.
Class 6C
(1) The installation, alteration or replacement of a wind turbine on a dwellinghouse.
(2) Development is not permitted by this class if-
(a) it would result in the presence within the curtilage of the dwellinghouse of more than one wind turbine;
(b) the length of any blade of the wind turbine would exceed 1.1 metres when measured from its tip to the axis of the turbine;
(c) the highest part of the wind turbine (including any blade) would protrude more than 3 metres above the highest part of the roof (excluding the chimney);
(d) any part of the wind turbine would be within 100 metres of a neighbouring dwellinghouse or building containing a flat;
(e) the development would be in a conservation area or a World Heritage Site.
(3) Development is permitted by this class, subject to the following condition-
(a) wind turbine equipment no longer needed for domestic microgeneration shall be removed as soon as reasonably practicable.
Class 6D
(1) The installation, alteration or replacement of a free-standing wind turbine within the curtilage of a dwellinghouse.
(2) Development is not permitted by this class if-
(a) it would result in the presence within the curtilage of more than one wind turbine;
(b) the free-standing wind turbine would be installed on a building;
(c) the free-standing wind turbine (including any blade) would exceed 11.1 metres in height;
(d) the length of any blade of the free-standing wind turbine would exceed 1.1 metres when measured from its tip to the axis of the turbine;
(e) any part of the free-standing wind turbine would be within 12 metres of the boundary of the curtilage;
(f) any part of the free-standing wind turbine would be within 100 metres of a neighbouring dwellinghouse or building containing a flat.
(3) Development is not permitted by this class, in the case of land within a conservation area or which is a World Heritage Site, if the free-standing wind turbine would-
(a) be installed in front of the principal elevation of the dwellinghouse; and
(b) faces onto or is visible from a road.
(4) Development is not permitted by this class if the free standing wind turbine would be installed within the curtilage of a listed building.
(5) Development is permitted by this class, subject to the following condition-
(a) free standing wind turbine equipment no longer needed for domestic microgeneration shall be removed as soon as reasonably practicable.
Class 6E
(1) The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse or building containing a flat.
(2) Development is not permitted by this class if-
(a) the height of the flue would protrude more than one metre above the highest part of the roof (excluding any chimney);
(b) in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on the principal elevation of the dwellinghouse, or building containing a flat, and would be visible from a road.
Class 6F
The installation, alteration or replacement of a ground source heat pump within the curtilage of a dwellinghouse or building containing a flat.
Class 6G
(1) The installation, alteration or replacement of an air source heat pump on, or within the curtilage of a dwellinghouse.
(2) Development is not permitted by this class if any part of the air source heat pump would be within 100 metres of a neighbouring dwellinghouse or building containing a flat.
Class 6H
The installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse or building containing a flat.
Class 6I
(1) The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse or building containing a flat.
(2) Development is not permitted by this class if-
(a) the height of the flue would protrude more than one metre above the highest part of the roof (excluding any chimney);
(b) in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on the principal elevation of the dwellinghouse, or building containing a flat, and would be visible from a road.
Interpretation of Part 1A
For the purposes of Part 1A-
"microgeneration" has the same meaning as in section 82(6) of the Energy Act 2004( 4) and "domestic microgeneration" means the production of electricity or heat for domestic consumption using microgeneration equipment;
"solar PV" means solar photovoltaics;
"free-standing solar" means solar PV or solar hot water equipment which is not installed on a building; and
"free-standing wind turbine" means a wind turbine which is not installed on a building.".
A member of the Scottish Executive
St Andrew's House,
Edinburgh
2008
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Schedule 1 confers permitted development rights in respect of certain development. Where such rights apply, no specific application for planning permission is needed and extends Permitted Development rights to individual microgeneration technologies.
Article 2(2) inserts a new Part 1A of Schedule 1 into the 1992 Order. It provides permitted development rights for the installation of specified types of microgeneration equipment on or within the curtilage of dwellinghouses or flats, subject to certain criteria. These types of microgeneration equipment include: solar hot water and photo-voltaics panels; wind turbines; biomass stoves; ground source heat pumps; water source heat pumps; air source heat pumps and combined heat and power devices.
A regulatory impact assessment has been prepared in relation to this Order and can be obtained free of charge from the Scottish Government Planning Directorate, Area 2H, Victoria Quay, Edinburgh, EH6 6QQ.