Statutory Instruments of the Scottish Parliament

(a) national security; and

(b) the measures taken or to be taken to ensure the security of any premises or property,

where the application is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in (a) or (b) above, and that public disclosure of that information would be contrary to the national interest.".

(a) in regulation 3(2), for "a certificate under regulation 6" substitute "the certificate or other document required by regulation 6 below";

(b) in regulation 6–


(i) in paragraph (1) after "accompanied either by" insert "the documents described in paragraph (1A) below or," and

(ii) after paragraph (1) insert–

    " (1A) An application for listed building or conservation area consent in respect of Crown land shall be accompanied by–


(a) a statement that the application is made in respect of Crown land; and

(b) where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation."".

    (6) In Schedule 2 (certificates under regulation 6)–

(a) in Part II–


(i) for "Council" substitute "planning authority or the Scottish Ministers as appropriate" in each place where the word occurs; and

(ii) in notes 2 and 5 after "planning authority" insert "or the Scottish Ministers as appropriate".

(a) any small ancillary building, works or equipment on Crown land required for operational purposes;

(b) lamp standards, information kiosks, passenger shelters, shelters and seats, telephone boxes, fire alarms, drinking fountains, refuse bins or baskets, barriers for the control of people and vehicles and similar structures or works required in connection with operational purposes.

    (2) The reference in Class 75(1)(a) to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.

     Class 76. —

    (1) The extension or alteration by or on behalf of the Crown of an operational Crown building.

    (2) Development is not permitted by this class if–

(a) the building as extended or altered is to be used for purposes other than those of–


(i) the Crown; or

(ii) the provision of employee facilities;



(b) the height of the building as extended or altered would exceed the height of the original building;

(c) the floor space of the original building would be exceeded by more than 1,000 square metres in any other case;

(d) the external appearance of the original building would be materially affected;

(e) any part of the building as extended or altered would be within 5 metres of any boundary of the curtilage of the original building; or

(f) the development would lead to a reduction in the space available for the parking or turning of vehicles.

    (3) For the purposes of this class–

(a) the erection of any additional building within the curtilage of another building (whether by virtue of Class 76 or otherwise) and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same operational purposes, they are to be treated as a single original building in making any measurement;

(c) "employee facilities" means social, care or recreational facilities provided for employees or servants of the Crown, including crèche facilities provided for the children of such employees or servants.

     Class 77 —

    (1) Development carried out by or on behalf of the Crown on operational Crown land for operational purposes consisting of–

(a) the installation of additional or replacement plant or machinery;

(b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

(c) the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

    (2) Development described in Class 77(1)(a) is not permitted if–

(a) it would materially affect the external appearance of the premises; or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

    (3) In this class, "Crown land" does not include land in or adjacent to and occupied together with a mine.

     Class 78 The provision by or on behalf of the Crown of a hard surface within the curtilage of an operational Crown building.

(a) the construction or extension of a runway;

(b) the erection of a building other than an operational building;

(c) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

    (3) Development is permitted by this class subject to the condition that the relevant airbase operator consults the planning authority before carrying out any development, unless that development falls within the description in paragraph (5).

    (4) Development falls within this paragraph if–

(a) it is urgently required for the efficient running of the airbase; and

(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

    (5) For the purposes of this class, "operational building" means an operational Crown building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, military or civilian personnel, goods, military equipment, munitions and other items.

     Class 80 The carrying out on operational land within the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

     Class 81 —

    (1) The carrying out on operational land outside but within 8 kilometres of the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

    (2) Development is not permitted by this class if–

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

     Class 82 —

    (1) The carrying out on operational land, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

    (2) Development is not permitted by this class if–

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

     Class 83 —

    (1) The use of land by or on behalf of the Crown in an emergency to station moveable apparatus replacing unserviceable apparatus in connection with the provision of air traffic services.

    (2) Development is permitted by this class subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the planning authority and the developer.

     Class 84 —(1) The use of land by or on behalf of the Crown to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

    (2) Development is permitted by this class subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, any structure shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the planning authority and the developer.

     Class 85 —

    (1) The use of land by or on behalf of the Crown for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

    (2) Development is permitted by this class subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

     Class 86 The use of buildings by or on behalf of the Crown within the perimeter of an airbase for purposes connected with air transport services or other flying activities at that airbase.

Interpretation of Part 28
For the purposes of Part 28–

(a) the construction of a railway;

(b) the construction or erection of a hotel, railway station or bridge; or

(c) the construction or erection otherwise than wholly within a railway station of–


(i) an office, residential or educational building or a building used for an industrial process; or

(ii) a car park, shop, restaurant, garage or petrol filling station.

    (3) For the purposes of this class–

(a) references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected; and

(b) the reference to an industrial process does not include the washing, maintenance and cleaning of rolling stock.

     Class 88 —

    (1) Development by or on behalf of the Crown or its lessees on operational Crown land where the development is required–

(a) for the purposes of shipping; or

(b) at a dock, pier, pontoon or harbour in connection with the embarking, disembarking, loading, discharging or transport of military or civilian personnel, military equipment, munitions or other items.

    (2) Development is not permitted by this class if it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic.

    (3) For the purposes of this class, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

     Class 89 The use of any land by or on behalf of the Crown for the spreading of any dredged material resulting from a dock, pier, harbour, water transport, canal or inland navigation undertaking.

     Class 90 —

    (1) Development by or on behalf of the Crown on operational Crown land, or for operational purposes, consisting of–

(a) the use of the land as a lighthouse, with all requisite works, roads and appurtenances;

(b) the extension of, alteration, or removal of a lighthouse; or

(c) the erection, placing, alteration or removal of a buoy or beacon.

    (2) Development is not permitted by this class if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

    (3) For the purposes of this class–

"buoys and beacons" includes all other marks and signs of the sea; and

"lighthouse" includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signals.

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

(c) taking other action in connection with an emergency.

    (2) Development is permitted by this class subject to the following conditions–

(a) the developer shall, as soon as practicable after commencing development, notify the planning authority of that development; and

(b) on or before the expiry of the period of six months beginning with the date on which the development began–


(i) any use of that land for a purpose of this class shall cease and any buildings, plant, machinery, structures and erections permitted by this class shall be removed; and

(ii) the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the planning authority and the developer.

    (3) For the purposes of this class, "emergency" means an event or situation which threatens serious damage to–

(a) human welfare in a place in the United Kingdom;

(b) the environment of a place in the United Kingdom; or

(c) the security of the United Kingdom.

    (4) For the purposes of paragraph (3)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause–

(a) loss of human life;

(b) human illness or injury;

(c) homelessness;

(d) damage to property;

(e) disruption of a supply of money, food, water, energy or fuel;

(f) disruption of a system of communication;

(g) disruption of facilities for transport; or

(h) disruption of services relating to health.

    (5) For the purposes of paragraph (3)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause–

(a) contamination of land, water or air with biological, chemical or radio-active matter; or

(b) disruption or destruction of plant life or animal life.

(a) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(b) the uniform level of lighting provided exceeds 10 lux measured at ground level.

    (3) Development is permitted by this class subject to the following conditions–

(a) the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of any building to which it is fixed;

(b) the camera shall be removed as soon as reasonably practicable after it is no longer required for national security purposes.

    (4) For the purposes of this class–

"camera" except in paragraph (2)(a) includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; and

"ground level" means the level of the surface of the ground immediately adjacent to the building to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

     Class 94 —

    (1) Development by or on behalf of the Crown for national security purposes in, on, over or under Crown land, consisting of–

(a) the installation, alteration or replacement of any electronic communications apparatus;

(b) the use of land in an emergency for a period not exceeding six months to station and operate moveable electronic communications apparatus required for the replacement of unserviceable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use; or

(c) development ancillary to radio equipment housing.

    (2) Development is not permitted by Class 94(1)(a) if–

(a) in the case of the installation of apparatus (other than on a building) the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;

(b) in the case of the alteration or replacement of apparatus already installed (other than on a building), the apparatus, excluding any antenna, would, when altered or replaced, exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(c) in the case of the installation, alteration or replacement of apparatus on a building, the height of the apparatus (taken by itself) would exceed the height of the existing apparatus or–


(i) 15 metres, where it is installed, or is to be installed, on a building which is 30 metres or more in height; or

(ii) 10 metres in any other case,



whichever is the greater;

(d) in the case of the installation, alteration or replacement of apparatus on a building, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building by more than the height of the existing apparatus or–



(i) 10 metres, where it is installed, or is to be installed, on a building which is 30 metres or more in height;

(ii) 8 metres, in the case of a building which is more than 15 metres but less than 30 metres in height; or

(iii) 6 metres in any other case.



whichever is the greater;

(e) in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast and the apparatus supported by it would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in sub-paragraphs (a), (b), (c) and (d) above, and for the purposes of applying the limit specified in sub-paragraph (c), the words "(taken by itself) " shall be disregarded;

(f) in the case of the installation, alteration or replacement of any apparatus other than–



(i) a mast;

(ii) an antenna;

(iii) any apparatus which does not project above the level of the surface of the ground; or

(iv) radio equipment housing,



the ground or base area of the structure would exceed the ground or base area of the existing structure or 1.5 square metres, whichever is the greater;

(g) in the case of the installation, alteration or replacement of an antenna on a building (other than a mast) which is less than 15 metres in height; on a mast located on such a building; or, where the antenna is to be located below a height of 15 metres above ground level, on a building (other than a mast) which is 15 metres or more in height–



(i) the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building on which the antenna is to be located, unless it is essential for operational purposes that the antenna is located in that position; or

(ii) in the case of dish antennas, the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;



(h) in the case of the installation, alteration or replacement of a dish antenna on a building (other than a mast) which is 15 metres or more in height, or on a mast located on such a building, where the antenna is located at a height of 15 metres or above, measured from ground level the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;

(i) in the case of the installation of a mast, on a building which is less than 15 metres in height, such a mast would be within 20 metres of a highway, unless it is essential for operational purposes that the mast is installed in that position;

(j) in the case of the installation, alteration or replacement of radio equipment housing–



(i) the development is not ancillary to the use of any other electronic communications apparatus; or

(ii) the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres.

    (3) Development consisting of the installation of apparatus is not permitted by Class 94(1)(a) on land in a designated area unless–

(a) the land on which the apparatus is to be installed is, or forms part of, a site on which there is existing electronic communication apparatus;

(b) the existing apparatus was installed on the site on or before the relevant day; and

(c) the site was Crown land on the relevant day.

    (4)

(a) Subject to paragraph (b), development is not permitted by Class 94(1)(a) if it will result in the installation of more than one item of apparatus ("the original apparatus") on a site in addition to any item of apparatus already on that site on the relevant day.

(b) In addition to the original apparatus which may be installed on a site by virtue of Class 94(1)(a), for every four items of apparatus which existed on that site on the relevant day, one additional item of small apparatus may be installed.

(c) in paragraph (b), "small apparatus" means–


(i) a dish antenna, other than on a building, not exceeding 5 metres in diameter and 7 metres in height;

(ii) an antenna, other than a dish antenna and other than on a building, not exceeding 7 metres in height;

(iii) a hard standing or other base for any apparatus described in sub-paragraphs (a) and (b), not exceeding 7 metres in diameter;

(iv) a dish antenna on a building, not exceeding 1.3 metres in diameter and 3 metres in height;

(v) an antenna, other than a dish antenna, on a building, not exceeding 3 metres in height;

(vi) a mast on a building, not exceeding 3 metres in height;

(vii) equipment housing not exceeding 3 metres in height and of which the area, when measured at ground level, does not exceed 9 square metres.

    (5) Class 94(1)(a) and (c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

    (6) Class 94(1)(a) development consisting of the installation of any additional apparatus on land in a designated area is permitted subject to the condition that the apparatus shall be installed as close as reasonably practicable to any existing apparatus.

    (7) Class 94(1)(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall, at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

    (8) Class 94 development–

(a) on land in a designated area; or

(b) on any other land and consisting of the construction, installation, alteration or replacement of a mast; or of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of radio equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to radio equipment housing–

is permitted subject, except in case of emergency, to the conditions set out in paragraph (9).

    (9)

(a) The developer shall, before commencing development, give notice of the proposed development to any person (other than the developer) who is an owner or tenant of the land to which the development relates–


(i) by serving the appropriate notice on every such person whose name and address is known to him; and

(ii) where he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.



(b) Where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall, before commencing development, notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate.

    (10) For the purposes of this class–

"aerodrome operator" means the person who is for the time being responsible for the management of the aerodrome;

"development ancillary to radio equipment housing" means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing;

"appropriate notice" means a notice signed and dated by or on behalf of the developer and containing–

(a) the name of the developer;

(b) the address or location of the proposed development;

(c) a description of the proposed development (including its siting and appearance and the height of any mast);

"land in a designated area" means land or buildings in a National Park, National Scenic Area, Natural Heritage Area, conservation area, historic gardens or designed landscapes, or site of special scientific interest;

"local advertisement" means by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed development relates is situated;

"mast" means a radio mast or a radio tower;

"relevant day" means–

(a) 12th June 2006; or

(b) where existing apparatus is installed pursuant to planning permission granted on or after 12th June 2006, the date when that apparatus is finally installed pursuant to that permission,

whichever is later;

"relevant period" means a period which expires–

(a) six months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class 94(1)(a) or Class 94(1)(c) or from the commencement of the use permitted by Class 94(1)(b), as the case may be; or

(b) when the need for such apparatus, structure or use ceases,

whichever occurs first; and

"tenant" means the tenant of an agricultural holding any part of which is comprised in the land to which the proposed development relates.

(a) consisting of the maintenance, repair or reinstatement of any ancient monument: or

(b) in exercise of their functions under the Ancient Monuments and Archaeological Areas Act 1979.