Circular 7 /1998
This Circular amends Circular 1/1998
The Chief Executive Local Authorities
Our ref: PGD/1/29
Copy to: The Director of Planning 21 May 1998
THE TOWN AND COUNTRY PLANNING (USE CLASSES) (SCOTLAND) AMENDMENT ORDER 1998
1. This Circular explains the provisions of the Town and Country Planning (Use Classes) (Scotland) Amendment Order 1998 which clarifies paragraph (b) of Class 9 (Houses) of the Town and Country Planning (Use Classes Order (Scotland) 1997. The Amendment Order was made on 5 May 1998 and comes into force on 26 May 1998.
2. A copy of the Amendment Order is enclosed for planning authorities only.
3. The Town and Country Planning (Use Classes) (Scotland) Order 1997 consolidated the 1989 Use Classes Order and, among other changes, extended the Houses class (previously Class 14, now Class 9) to allow a householder to make limited use of their house for bed and breakfast accommodation.
4. Paragraph 36 of SODD Circular 1/1998 explains that flats are outwith the Houses use class. However, it has been suggested that, as presently worded, paragraph (b) of Class 9 could be interpreted as allowing a flat to be used as a bed and breakfast establishment or guest house. This was not the Government's intention. Accordingly, paragraph (b) has now been amended to make clear that it does not allow a flat to be used as a bed and breakfast or guest house..
Enquiries and Further Copies
5. Any enquiries about the content of this Circular should be addressed to Mr Iain Gardiner, Scottish Office Development Department, Planning Division, Area 2-H, Victoria Quay, Edinburgh, EH6 6QQ (Telephone 0131 244 7067). Further copies of the Circular and a list of current planning circulars may be obtained from The Scottish Office Development Department, Planning Division, Area 2-H, Victoria Quay, Edinburgh, EH6 6QQ (Telephone 0131 244 7066).
6. Copies of the Town and Country Planning (Use Classes) (Scotland) Amendment Order 1998 may be obtained from The Stationery Office Ltd, 71 Lothian Road, Edinburgh, EH3 9AZ (Telephone 0131 622 7050).
M T AFFOLTER