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ANNEX C

Scottish Statutory Instruments

2007 No.

TOWN AND COUNTRY PLANNING
The Town and Country Planning (Increase in Gross Floor Space) (Scotland) Order 2007

Made - - - - 2007
Laid before the Scottish Parliament 2007
Coming into force - - 2007

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 26(2AA) and 30 of the Town and Country Planning (Scotland) Act 1997( 32) and of all other powers enabling them to do so.

Citation, commencement and interpretation

1. -(1) This Order may be cited as the Town and Country Planning (Increase in Gross Floor Space) (Scotland) Order 2007 and comes into force on 2007.

(2) In this Order "the Act" means the Town and Country Planning (Scotland) Act 1997.

Development to include certain internal operations

2. -(1) Where no previous works have been carried out to a building resulting in an increase in the gross floor area of the building, the amount specified under section 26(2AA) of the Act is 200 square metres and the circumstances in which subsection (2) of section 26 of the Act does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor area of such a building by more than 200 square metres are that the building is used for the retail sale of goods.

(2) Where previous works have been carried out to a building resulting in an increase in the gross floor area of the building, the amount specified under section 26(2AA) of the Act is 10 square metres and the circumstances in which subsection (2) of section 26 of the Act does not apply to operations mentioned in paragraph (a) of that subsection which have the effect of increasing the gross floor space of the building by more than 10 square metres are that-

(a) the aggregate increase in the gross floor area of the building as a result of such an increase when taken with increases in the gross floor area of the building resulting from the carrying out of previous works, would be more than 200 square metres; and

(b) the building is used for the retail sale of goods.

(3) In paragraphs (1) and (2)-

(c) the reference to a building used for the retail sale of goods includes a building used as a retail warehouse club, being a retail club where goods are sold, or displayed for sale, only to persons who are members of that club but does not include a building used only for the retail sale of hot food; and

(d) the reference to previous works is a reference to works for the maintenance, improvement or other alteration of a building being works which affect only the interior of the building.

Authorised to sign by the Scottish Ministers

St Andrew's House,
Edinburgh 2007

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