General Permitted Development (Scotland) Amendment (No. 2) Order 2014

This Order permits the formation or alteration of a private way accompanying forestry buildings and operations or agricultural buildings and operations subject to the certain conditions.

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. New conditions are introduced in relation to certain development permitted under Class 18 (agricultural buildings and operations) and Class 22 (forestry buildings and operations) as specified in Schedule 1 to the 1992 Order. The effect is to require a developer undertaking development for the formation or alteration of a private way under those Classes to make an application to the planning authority for determination as to whether the prior approval of the authority will be required before development is commenced.

Where approval is not required the development must be carried out in accordance with the details provided to the planning authority and to the extent that approval is required development must be carried out in accordance with the approved details.

The new conditions will not apply to development begun before the date on which the Order comes into force (15th December 2014).

The conditions are:

(a) the developer must before beginning the development apply to the planning authority for a determination as to whether the prior approval of the authority is required in respect of the design, manner of construction or route of the private way;

(b) the application is to be accompanied by: (i) a description of the proposed development, (ii) any fee required to be paid;

(c) the development is not to be commenced before one of the following is met: (i) written notice from the planning authority giving notice that their prior approval is not required; (ii) the planning authority has not given notice to the applicant of their determination following a period of 28 days (iii) the applicant has received such approval from the planning authority;

(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried out (i) to the extent to which prior approval is required, in accordance with the details approved; (ii) to the extent to which prior approval is not required, in accordance with the details submitted with the application; and

(e) the development is to be carried out within a period of 3 years from the date on which all approvals have been given.

Date: 15/12/2014 Coming into force

Author: Scottish Ministers

DCP link: This item updates DCP section 22.111 and 4.3425

SI details: Scottish statutory instruments 2014 No. 300


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