Planning Circular 15/1995: demolition which is not development

Circular 2/1995 is amended

Our Ref: PGD/1/23
20 July 1995

Dear Sir/Madam

The Town and Country Planning (demolition which is not development) (Scotland) direction 1994

Circular 2/1995 enclosed a copy of the above Direction which contained two minor printing errors:

• the phrase "or a building containing one or more flatted dwellinghouses" was omitted from the end of paragraph 2(1)(a)(iii); and
• in paragraph 3(a) the word "in" was omitted before "paragraph (2)".

To minimise any confusion in correcting these errors, the existing Direction has been revoked and is replaced with a new Direction which will be referred to as "The Town and Country Planning (Demolition which is not Development) (Scotland) Direction 1995". A copy of the new Direction is attached.

Yours faithfully

M T Affolter

The Chief Executive
Regional and Islands Councils

The Chief Executive
District Councils (except in Highlands, Borders and Dumfries and Galloway)

The town and country planning (demolition which is not development) (Scotland) direction 1995

The Secretary of State, in exercise of the powers conferred on him by section 19(2)(g) of the Town and Country Planning (Scotland) Act 1972 (a) and all other powers enabling him in that behalf, hereby gives the following Direction:

1. This Direction shall come into force on 20July 1995.

2. - (1) The demolition of the following descriptions of building shall not be taken, for the purposes of the Town and Country Planning (Scotland) Act 1972 ("the 1972 Act"), to involve development of land:

(a) subject to paragraph (2), any building other than -

(i) a dwellinghouse;

(ii) a building containing one or more flatted dwellinghouses; or

(iii) a building having a mutual wall with, or having a main wall adjoining the main wall of, a dwellinghouse or a building containing one or more flatted dwellinghouses;

(b) any building which is a listed building within the meaning of section 52(7) of the 1972 Act (b);

(c) any building in a conservation area within the meaning of the 1972 Act;

(d) any building which is a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;

(e) any building the cubic content of which, measured externally, does not exceed 50 cubic metres;

(f) the whole or any part of any gate, fence, wall or other means of enclosure.

(2) A building is not to be regarded as a dwellinghouse or as containing a flatted dwellinghouse for the purposes of paragraph (1)(a) if the use of that building, or part of that building, as a dwellinghouse is ancillary to any non-residential use of that building or other buildings on the same site.

3. In this direction:

(a) "building" does not include part of a building, except for the purposes of paragraph (1)(f) and in paragraph (2) of article 2;

(b) each house in a pair of semi-detached houses, and every house in a row of terrace houses (whether or not, in either case, the house is in residential use), is to be regarded as a building;

(c) "flatted dwellinghouse" means a separate and self-contained set of premises whether or not on the same floor, constructed or adapted for use for the purpose of a dwelling, and forming part of a building from some other part of which it is divided horizontally;

(d) "site" means the whole area of land within a single unit of occupation.

4. The Town and Country Planning (Demolition which is not Development) (Scotland) Direction 1994 is hereby revoked.

5. This Direction may be cited as the Town and Country Planning (Demolition which is not Development) (Scotland) Direction 1995.

Assistant Secretary
Scottish Office Environment Department
New St Andrew's House
Edinburgh
EH1 3SZ

20 July 1995

Footnotes

(a)1972 c.52; section 19(2)(g) was inserted by the Planning and Compensation Act 1991 (c.34), section 44. (b)Section 52(7) was amended by paragraph 13(1) of Schedule 9 to the Housing and Planning Act 1986.