The Scottish Government

Circular 2/1998

The Chief Executive Local Authorities

Our ref: PGD/1/27
Copy to: The Director of Planning 14 January 1998

Dear Sir/Madam

TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (SCOTLAND) AMENDMENT (NO. 2) ORDER 1997: WATER AND SEWERAGE AUTHORITIES: ABOVE GROUND SEWERAGE WORKS

Introduction

1. This Circular explains the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997, in so far as it relates to above ground sewerage works. This Order , which comes into force on 2 February 1998, amends the 1992 General Permitted Development Order (the GPDO) by granting permitted development rights for certain above ground sewerage works to sewerage authorities and their authorised Private Finance Initiative (PFI) contractors. The Amendment Order also makes other amendments which are explained in SODD Circular 1/1998 on The Town and Country Planning (Use Classes) (Scotland) Order 1997 which is being published at the same time as this Circular.

2. A copy of the Amendment Order is enclosed, for planning authorities only, with SODD Circular 1/1998.

Background

3. In December 1996 a new Class 43A was inserted into the GPDO to grant permitted development rights for underground sewerage works to the new water and sewerage works and to authorised contractors carrying out work on behalf of those authorities under the PFI. In effect, this new class transferred to the new authorities and their PFI contractors, the permitted development rights previously enjoyed by the regional and islands councils who had been responsible for sewerage works before 1 April 1996. A more detailed explanation is given in SODD Circular 42/1996.

The Amendments

4. This Amendment Order extends Class 43A to include certain above ground sewerage works and so puts above ground sewerage works on a par with underground sewerage works. It should also be noted that the requirement in Class 43A to give the planning authority prior notice of proposed underground sewerage works applies equally to above ground sewerage works. For ease of reference, a list of the descriptions of the above ground sewerage works which are covered, together with the relevant size limits, is attached to this Circular as an Annex. Regional and islands councils were previously able to undertake such works under Class 30(a) of the GPDO, although the limits in the amended Class 43A are tighter than those in Class 30(a).

Enquiries And Further Copies

5. Any enquiries about the content of this Circular should be addressed to MrIain Gardiner (Telephone0131-244-7067). Further copies of the Circular and a list of current planning circulars may be obtained from The Scottish Office Development Department, Planning Division, Branch1, 2-H, Victoria Quay, Edinburgh, EH66QQ (0131-244-7066 or7825).

6. Copies of the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No.2) Order 1997 may be purchased from The Stationery Office Ltd, 71Lothian Road, Edinburgh, EH39AZ (Telephone0131-622-7050).

Yours faithfully
M T AFFOLTER

ANNEX