The process by which a development gets planning permission is influenced by its class of development – Major or Minor. That classification is defined through legislation

The Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009 ² (the Hierarchy Regulations) which came into force on 6 April 2009. 2009 No. 51These regulations have been made by Scottish Ministers in exercise of the powers conferred by section 26A(2) of the Town and Country Planning (Scotland) Act 1997 and of all other powers enabling them to do so.

Section 26A(2) of the Act gives Scottish Ministers powers to make regulations to describe classes of development other than national developments and assign each class to either “major developments” or “local developments”.

Housing

• 50 or more homes
• The total area of the site is 2 hectares or more

Business and general industry, storage and distribution

• The floor area of the site is 10,000 square metres or more
• The total area of the site is 2 hectares or more

Electricity generation

• The capacity of the generating station is 20 megawatts or more

The following developments are part of a different instruction under the Electricity Act 1989 and are governed by those procedures:

• An onshore wind farm or power station that is not driven by water and has a generating capacity in excess of 50 megawatts

Waste management facilities

• The capacity of facility is 25,000 tonnes or more
• If used for sludge treatment a capacity to treat more than 50 tonnes (wet weight) per day

Transport and infrastructure projects

• The length of the road, railway, tramway, waterway, aqueduct or pipeline exceeds 8 km

Fish farming

• The surface area of water is, or exceeds, 2 hectares

Minerals development

• The total area of the site is 2 hectares or more

Other development not classed within any single class of the above development

• The gross floor space of any building, structure or erection constructed as a result of such development is 5,000 square metres or more
• The total area of the site is 2 hectares or more

Schedule 1 development

Any type of development which is mentioned in Schedule 1 of the Environmental Impact Assessment (Scotland) Regulations 2011.