
1 

(1) These Regulations may be cited as the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and come into force on 6th April 2009.
(2) In these Regulations–
 “the Act” means the Town and Country Planning (Scotland) Act 1997;
 “industrial process” means a process, other than a process carried out in or adjacent to, a mine or quarry, for or incidental to–
(a) the making of any article or part of any article including a ship or vessel or a film, video or sound recording;
(b) the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
(c) the dressing or treatment of minerals;
 “site” means the land to which development relates.
2 

(1) The classes of development belonging to the category of major developments are–
(a) development described in Column 1 of the table in the Schedule, where any applicable threshold or criterion in the corresponding part of Column 2 of that table is met or exceeded in relation to that development; and
(b) any change to or extension of development of a class described in paragraphs 2 to 9 of Column 1 of that table where such a change or extension in itself meets or exceeds the appropriate threshold or criterion for that class of development.
(2) All development other than national developments and major developments belongs to the category of local developments.
STEWART STEVENSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
12th February 2009
SCHEDULE
Regulation 2(1)


Description of development Threshold or criterion

1 
Schedule 1 development 
Development of a description mentioned in Schedule 1 to the Environmental Impact Assessment (Scotland) Regulations 1999 (other than exempt development within the meaning of those Regulations). All development.

2 
Housing 
Construction of buildings, structures or erections for use as residential accommodation. 
(a) The development comprises 50 or more dwellings; or
(b) The area of the site is or exceeds 2 hectares.

3 
Business & General Industry, Storage and Distribution 
Construction of a building, structure or other erection for use for any of the following purposes–
(a) as an office;
(b) for research and development of products or processes;
(c) for any industrial process; or
(d) for use for storage or as a distribution centre. 
(a) The gross floor space of the building, structure or other erection is or exceeds 10,000 square metres; or
(b) The area of the site is or exceeds 2 hectares.

4 
Electricity Generation 
Construction of an electricity generating station. The capacity of the generating station is or exceeds 20 megawatts.

5 
Waste Management Facilities 
Construction of facilities for use for the purpose of waste management or disposal. The capacity of the facility is or exceeds 25,000 tonnes per annum.In relation to facilities for use for the purpose of sludge treatment, a capacity to treat more than 50 tonnes (wet weight) per day of residual sludge.

6 
Transport and infrastructure projects 
Construction of new or replacement roads, railways, tramways, waterways, aqueducts or pipelines. The length of the road, railway, tramway, waterway, aqueduct or pipeline exceeds 8 kilometres.

7 
Fish Farming 
The placing or assembly of equipment for the purpose of fish farming within the meaning of section 26(6) of the Act. The surface area of water covered is or exceeds 2 hectares.

8 
Minerals 
Extraction of minerals. The area of the site is or exceeds 2 hectares.

9 
Other Development 
Any development not falling wholly within any single class of development described in paragraphs 1 to 8 above. 
(a) The gross floor space of any building, structure or erection constructed as a result of such development is or exceeds 5,000 square metres; or
(b) The area of the site is or exceeds 2 hectares.