Draft Regulations on the Planning Hierarchy: Consultation Paper

ANNEX A

Draft Regulations laid before the Scottish Parliament under section 26A(5) of the Town and Country Planning (Scotland) Act 1997, for approval of the Scottish Parliament.

SCOTTISH STATUTORY INSTRUMENTS

2007 No. TOWN AND COUNTRY PLANNING

The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2007

Made - - - - 2007

Coming into force - - 2007

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by section 26A(2) of the Town and Country Planning (Scotland) Act 1997( ⁴) and of all other powers enabling them to do so. In accordance with section 26A(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1. -(1) These Regulations may be cited as the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2007 and shall come into force on [ ] 2007.

(2) In these Regulations-

"exempt development" has the same meaning as in the Environmental Impact Assessment (Scotland) Regulations 1999( ⁵);

"industrial process" means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to-

(a) the making of any article or part of any article including a ship or vessel or a film, video or sound recording;

(b) the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

Hierarchy of Developments

2. -(1) The classes of development described in Column 1 of the table in the Schedule to these Regulations, where any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively exceeded or met in relation to that development, belong to the category of major developments.

(2) All development other than national developments and major developments belongs to the category of local developments.

Authorised to sign by the Scottish Ministers

St Andrew's House,
Edinburgh
2007

SCHEDULE Regulations 2

Major Developments

Description of development	Threshold or criteria
1. Schedule 1 development Development (other than exempt development) of a description mentioned in Schedule 1 to the Environmental Impact Assessment (Scotland) Regulations 1999( ⁶).	All development.
2. Housing Construction of buildings, structures or erections for use as residential accommodation.	(a) the development comprises 100 or more units; or (b) the area of the site is or exceeds 2 hectares.
3. Business & General Industry, Storage and Distribution Construction of a building, structure or other erection for use for any of the following purposes- (a) as an office (b) for research and development of products or processes; or (c) for any industrial process; (d) for use for storage or a distribution centre.	(a) the gross floor space of the development exceeds 20,000 square metres; or (b) The area of the site is or exceeds 4 hectares.
4. Energy Generation Construction of an electricity generating station	The capacity of the generating station exceeds 20 megawatts
5. Waste Management Facilities The construction of facilities for use for the purpose of waste management or disposal.	The facility has a capacity of exceeding 25,000 tonnes per annum. In relation to facilities for use for the purpose of sludge treatment, a capacity to treat more than 50 tonnes (wet weight) per day of residual sludge.
6. Transport infrastructure etc The construction of new [or replacement] roads, railways, tramways, waterways, aqueducts or pipelines or motorway service areas.	The length of the road, railway, tramway, waterway, aqueduct or pipeline exceeds 8 kilometres. All motorway service area development.
7 . All Other Development Development not falling within the paragraphs 1 to 6 above	(a) The gross floor space of the development is or exceeds 10,000 square metres; or (b) The area of the site is or exceeds 2 hectares.

Description of development

Threshold or criteria

1. Schedule 1 development

Development (other than exempt development) of a description mentioned in Schedule 1 to the Environmental Impact Assessment (Scotland) Regulations 1999( ⁶).

All development.

2. Housing

Construction of buildings, structures or erections for use as residential accommodation.

(a) the development comprises 100 or more units; or
(b) the area of the site is or exceeds 2 hectares.

3. Business & General Industry, Storage and Distribution

Construction of a building, structure or other erection for use for any of the following purposes-

(a) as an office
(b) for research and development of products or processes; or
(c) for any industrial process;
(d) for use for storage or a distribution centre.

(a) the gross floor space of the development exceeds 20,000 square metres; or
(b) The area of the site is or exceeds 4 hectares.

4. Energy Generation

Construction of an electricity generating station

The capacity of the generating station exceeds 20 megawatts

5. Waste Management Facilities

The construction of facilities for use for the purpose of waste management or disposal.

The facility has a capacity of exceeding 25,000 tonnes per annum.

In relation to facilities for use for the purpose of sludge treatment, a capacity to treat more than 50 tonnes (wet weight) per day of residual sludge.

6. Transport infrastructure etc

The construction of new [or replacement] roads, railways, tramways, waterways, aqueducts or pipelines or motorway service areas.

The length of the road, railway, tramway, waterway, aqueduct or pipeline exceeds 8 kilometres.

All motorway service area development.

7 . All Other Development

Development not falling within the paragraphs 1 to 6 above

(a) The gross floor space of the development is or exceeds 10,000 square metres; or
(b) The area of the site is or exceeds 2 hectares.

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Draft Regulations on the Planning Hierarchy: Consultation Paper

ANNEX A