Part 2Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

Amendment of Part 3 of schedule 18

In Part 3 (changes of use)—

a

in class 10 (development consisting of a change of use of a building or land) in paragraph (1)—

i

for “class 1 (shops)” substitute “class 1A (shops and financial, professional and other services)”,

ii

omit sub-paragraph (a),

b

in class 11 (development consisting of a change of use of a building or land to a use within class 2 (financial, professional and other services) from a use within class 3 (food and drink) or a use for the sale of hot food for consumption off the premises), for “class 2 (financial, professional and other services)” substitute “class 1A (shops and financial, professional and other services)”.

c

after class 11 insert—

Class11A

1

Development consisting of a change of use of a building to a use within class 3 (food and drink) from a use—

a

within class 1A (shops and financial, professional and other services),

b

as a betting shop,

c

as a pay day loan shop, or

d

for the sale of hot food for consumption off the premises.

2Limitations

Development is not permitted by this class if—

a

it would result in the change of use of a building unit situated below any part of a dwelling, or

b

it would result in the change of use of a building or a building unit which is within 1 metre of a dwelling.

Interpretation

3

For the purposes of paragraph (2)(b) of this class when measuring the distance of 1 metre no account is to be taken of any communal access.

4

In this class—

  • building unit” means a part of a building which is designed or altered to be used separately,

  • communal access” means a passage, stairs or landings within a building which constitute a common access to two or more building units.

Class11B

1

Development consisting of a change of use of a qualifying building or qualifying building unit to a use within class 4 (business) from a use—

a

within class 1A (shops and financial, professional and other services),

b

within class 3 (food and drink),

c

as a betting shop,

d

as a pay day loan shop, or

e

for the sale of hot food for consumption off the premises.

2Interpretation

In this class—

  • building unit” means a part of a building which is designed or altered to be used separately,

  • qualifying building” means a building with a floor area of no more than 300 square metres,

  • qualifying building unit” means a building unit with a floor area of no more than 300 square metres.

d

for class 13A (development consisting of a change of use of a building of land) substitute—

Class13A

1

Development consisting of a change of use of a building or land from use as a betting office or pay day loan shop to a use within class 1A (shops and financial, professional and other services.