Written Question · S3W-05216 · Session 3
Whether it will ensure that the development of park homes becomes subject to local authority planning regulations.
The question
To ask the Scottish Executive whether it will ensure that the development of park homes becomes subject to local authority planning regulations.
The answer
Planning controlsmay already apply to operations in relation to park homes, depending on the particularcircumstances of a case.
The planning systemapplies to operations which amount to “development” as defined in section 26 of the Town and Country Planning (Scotland) Act 1997. Subject to certain exceptions andclarifications, “development” means the carrying out of building, engineering, miningor other operations in, on, over or under land, or the making of any material changein the use of any buildings or other land. As well as certain exceptions from thedefinition of “development”, some operations which are “development” benefit froma general grant of planning permission set out in the Town and Country Planning(General Permitted Development) (Scotland) Order 1992 which removes the need forplanning permission.
The 1992 Order grantsplanning permission for certain activities, in certain circumstances, associatedwith “caravans”, the definition of which includes any structure designed or adapted for human habitationwhich is capable of being moved from one place to another.
If there is any questionabout whether certain activities or structures require planning permission, theseshould be addressed to the planning authority for the area in the first instance,and would ultimately be a matter for the courts.
We will consider whetherany change to planning legislation is necessary in relation to park homes in thecontext of the current review of the 1992 Order and the specific review of issuesaffecting park homes. On the latter, I refer the member to the answer to questionS3W-5213 on 26 October 2007. All answers to written parliamentaryquestions are available on the Parliament’s website, the search facility for whichcan be found at http://www.scottish.parliament.uk/webapp/wa.search.
The planning systemapplies to operations which amount to “development” as defined in section 26 of the Town and Country Planning (Scotland) Act 1997. Subject to certain exceptions andclarifications, “development” means the carrying out of building, engineering, miningor other operations in, on, over or under land, or the making of any material changein the use of any buildings or other land. As well as certain exceptions from thedefinition of “development”, some operations which are “development” benefit froma general grant of planning permission set out in the Town and Country Planning(General Permitted Development) (Scotland) Order 1992 which removes the need forplanning permission.
The 1992 Order grantsplanning permission for certain activities, in certain circumstances, associatedwith “caravans”, the definition of which includes any structure designed or adapted for human habitationwhich is capable of being moved from one place to another.
If there is any questionabout whether certain activities or structures require planning permission, theseshould be addressed to the planning authority for the area in the first instance,and would ultimately be a matter for the courts.
We will consider whetherany change to planning legislation is necessary in relation to park homes in thecontext of the current review of the 1992 Order and the specific review of issuesaffecting park homes. On the latter, I refer the member to the answer to questionS3W-5213 on 26 October 2007. All answers to written parliamentaryquestions are available on the Parliament’s website, the search facility for whichcan be found at http://www.scottish.parliament.uk/webapp/wa.search.
In the Official Report
No contribution in the Official Report cites S3W-05216 by reference.