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PLANNING CONTROLS OVER SCOTS INDUSTRIAL BUILDINGS RELAXED

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Scottish planning minister Calum MacDonald today announced a package of amendments to planning legislation, consist...
Scottish planning minister Calum MacDonald today announced a package of amendments to planning legislation, consisting of a new Use Classes Order and amendments to the General Permitted Development Order.

The main changes are:

- abolition of the four Special Industrial Use Classes and

bringing these uses within the General Industrial Use Class.

This will reduce the number of occasions where planning

consent is needed to change the use of an industrial building;

- allowing limited use of a house as bed and breakfast

accommodation, without the need to obtain planning consent;

- the permitted development rights for underground sewerage

works, granted to water and sewerage authorities and their

authorised contractors, have been extended to apply to certain

types of above ground sewerage works;

- tighter controls over restaurants and cafes so that planning

consent will be needed for a change of use to a hot food take-

away shop;

- limitation of the right to change the use of a car showroom to a

shop without planning consent, to buildings which are 235 square metres or less in area;

- clarification of guidance on the Business Class.

Mr MacDonald said:

'The main purpose of these changes is to make the Use Classes Order

easier to operate and to reduce burdens on business. There will be less need for businesses to apply for planning permission to change the use of industrial buildings as a result of the abolition of the Special Industrial Use Classes. The clarified guidance on the Business Class should clear up the misunderstandings which have occurred in the past and ensure that it operates more smoothly in the future.

'The extension of permitted development rights to above ground

sewerage works puts these works on a par with underground sewerage

works. In effect, it gives the new water and sewerage authorities, and

their authorised PFI contractors, similar rights to those which regional and islands councils enjoyed until 1 April 1996, but subject to certain size limits.

'I am sure that many householders will welcome the opportunity to

earn a little extra income through using part of their house for bed and breakfast accommodation, without having to obtain planning

permission.

'Research into the operation of the Use Classes Order published in

1994 identified problems with hot food take-away shops and car

showrooms being changed into shops. The research findings were

backed up by the responses to the consultation paper on the Review of

the Use Classes Order published in June 1996. The tighter controls

which are now being introduced are designed to give planning

authorities an adequate measure of control over such developments

without placing unnecessary burdens on business.'

NOTES

1.The Town and Country Planning (Use Classes) (Scotland)

Order 1997 (SI 1997 No. 3061) comes into force on February 2, 1998.

It specifies classes of use within which a change of use can take place without the need for planning permission. Planning permission is

needed to change from a use within one class to a use within a different class.

2.The Town and Country Planning (General Permitted

Development)(Scotland) Amendment (No.2) Order 1997 (SI 1997

No. 3060) also comes into force on February 2, 1998. It extends

permitted development rights to cover above ground sewerage works

by water authorities and their authorised undertakers and restricts

permitted development rights for a change of use from a car showroom

to a shop.

3.A detailed explanation of the provisions of the Use Classes

Order, the changes which have been made to it and related changes to

the General Permitted Development Order are given in Scottish Office

Development Department Circular No 1/1998. The new permitted

development rights for above ground sewerage works are explained in

Scottish Office Development Department Circular No. 2/1998. Copies

of both Circulars are available to the public from The Scottish Office

Development Department, Planning Division, Area 2-H, Victoria

Quay, Edinburgh, EH6 6QQ, Telephone 0131 244 7066 or 7825.

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