Permitted development rights to support the provision of new homes: SEA Environmental Report

Non-technical summary

Introduction

This Strategic Environmental Assessment (SEA) has been prepared to inform the Scottish Government’s consultation on options for ‘Permitted Development Rights (PDR) to support the provision of new homes’.

What are Permitted Development Rights (‘PDR’)?

PDR is the term given to a Scotland wide planning permission set out in legislation^[1] which removes the need to apply for planning permission.

What are the proposed changes to permitted development rights?

The Scottish Government is inviting views on options for new or amended Permitted Development Rights to support the provision of new homes. The types of development included in the consultation are:

• Rural homes
• Town centre living
• Householder development
• Low/zero carbon heating and cooling

What is Strategic Environmental Assessment (SEA)?

Strategic Environmental Assessment (SEA) is a means of systematically assessing the likely impact of a public plan on the environment and to seek ways to avoid or minimise where possible adverse effects and enhance positive effects. SEA provides an opportunity for the public to consider this information and to use it to inform their views on the emerging proposals.

This Environmental Report sets out the findings of the assessment of options for new or expanded PDR to support the provision of new homes. The Environmental Report has been published alongside the Scottish Government’s consultation paper ‘Permitted development rights to support the provision of new homes’.

The Environmental Report has been prepared in accordance with the Environmental Assessment (Scotland) Act 2005. Views are invited on both the Environmental Report and the options outlined in the consultation paper.

What is the current state of the environment?

Scotland’s environment is rich in natural and cultural heritage and our network of European protected sites also supports many important and rare plants, birds and animals. Global declines in biodiversity are however mirrored in Scotland. Scotland’s air, soil and water are generally in good condition, but there are concentrations of pollution in some parts of the country. Some of this is historic, but there are also on-going challenges, including diffuse pollution from urban and rural areas. A high-quality environment with good air, soil and water quality is an important contributor to population health and well-being.

Climate change is expected to lead to increases in water scarcity and flood risk across Scotland and will accelerate the rate of biodiversity loss.

Scotland has high quality landscapes, with many iconic views and scenic areas. Scotland also has many natural resources and material assets, including high quality agricultural land, and extensive areas of forestry and woodland. Scotland’s land use is dominated by agriculture and forestry, which together account for around 80% of total land cover. The historic environment includes world heritage sites, listed buildings, scheduled monuments, gardens and designed landscapes, battlefields, and conservation areas. The majority of the historic environment in Scotland is however undesignated. Heritage assets are at risk from neglect, decay or development pressures.

How have reasonable alternatives been considered?

SEA requires consideration of reasonable alternatives. For each development type the options that have been typically appraised are:

• No change to current PDR (i.e. existing requirements to apply for planning permission remain in place)
• Expanding current PDR by removing current restrictions e.g. in designated areas, and/or thresholds relevant to the scale/size of permitted development;
• Introducing new PDR for certain development types including in designated areas and non-designated areas.

What are the likely environmental effects of the options assessed?

The following paragraphs provide a high level summary of the SEA findings:

Rural homes

Options for PDR to support rural homes could include; changes to further support the conversion of existing agricultural and forestry buildings to residential use, introducing PDR for the replacement of existing agricultural and forestry buildings with new-build homes, and introducing PDR for new-build homes in rural areas.

Depending on which options are taken forward, extending PDR for the conversion of agricultural and forestry buildings could have significant negative effects on cultural heritage. There is also potential for minor negative effects for biodiversity, landscape and geodiversity, soils and water. There is potential for significant negative effects on population and human health from the conversion of agricultural and forestry buildings where PDR removes the opportunity to consider matters such as environmental harm though the planning process. This is uncertain and dependent on the proximity of any hazardous sites to new development proposals. There is potential for significant negative cumulative effects on water (flood risk) if options to remove existing PDR restrictions on the cumulative number of units created are taken forward alongside options to remove existing PDR footprint limits.

All options to introduce PDR for new homes in rural areas have potential for significant negative effects on cultural heritage though these are uncertain. Depending on which options are taken forward, there is also potential for significant negative effects for biodiversity, landscape and geodiversity, material assets, population and human health, soil and water. All options have potential for minor negative effects on climatic factors.

Town centre living

Options for the expansion of PDR include the change of use of units to residential use, and external alterations to facilitate conversion.

The SEA has identified the potential for minor negative effects on water (flood risk). Both options for changes of use have potential to result in minor mixed effects on cultural heritage and introducing PDR for external alterations to facilitate conversion has the potential to result in minor negative effects on cultural heritage from physical alterations to the buildings and where PDR impacts the setting of a historic environment asset. Introducing PDR for external alterations has potential to result in minor negative effects on material assets while introducing PDR for change of use has the potential for minor mixed effects climatic factors and material assets. The scale of these effects may reduce depending on any limitations or restrictions to be applied.

Householder development

Options for the expansion of PDR could include extending PDR for single storey ground floor extensions, extensions of more than one storey, and extending PDR for roof enlargement.

The SEA has identified that options to apply expanded householder PDR in conservation areas have the potential to result in significant negative effects on cultural heritage. Other options may have the potential for minor negative effects on cultural heritage. Depending on which options are taken forward, there is also potential for minor negative effects on biodiversity, landscape and geodiversity, soils and water. All options have potential minor positive effects on material assets.

Low/zero carbon heating and cooling

Options include expanding PDR for domestic air source heat pumps and introducing PDR for connections to heat networks.

All options to extend PDR for domestic air source heat pumps have the potential to result in significant negative effects on cultural heritage where there is an impact to a heritage asset or its setting. All options also have the potential to result in minor positive effects on climatic factors and material assets associated with the uptake of this type of technology.

Secondary, cumulative and synergistic effects

It is not currently known which options will be progressed or the extent to which PDR will change. The maximum potential secondary, cumulative and synergistic effects between all of the development types have therefore been assessed.

Within and across development types, options for PDR together may result in significant negative cumulative effects on biodiversity, flora and fauna. Key potential contributors include the conversion of agricultural and forestry buildings, the replacement of buildings with new-build dwellings and new-build homes, with the potential for habitat loss and fragmentation at local level, as well as impacts to local wildlife.

Within and across development types, a number of potential options to extend or introduce PDR relate to changes in the size and scale of development types or changes in vulnerability of occupants to flooding. These could significantly increase flood risk. Impacts on soil for example may also increase the risk of flooding. There may be reliance on private water supplies in some rural areas, with increased risk of water scarcity through cumulative impacts of development when taken together with the impacts of climate change. These have potential to give rise to significant cumulative negative impacts on water.

Within and across development types, several options also have potential to give rise to significant cumulative negative impacts on cultural heritage. This will depend on the siting and scale of the development and value of the asset affected

With the exception of options to introduce PDR for new homes in rural areas, there is potential for cumulative positive effects on climatic factors and material assets associated with the uptake of low/zero carbon technology and PDR which supports the retention and reuse of existing buildings.

Across all development types, the scale of the effects may reduce depending on any limitations or restrictions to PDR.

How can any negative environmental effects be avoided, minimised or mitigated or positive effects enhanced?

Where relevant and appropriate, potential mitigation measures have been identified and include:

• Imposing conditions or restrictions on particular PDR, for example in terms of numbers, dimensions (e.g. height or area of development) and locations of development.
• Retaining or requiring prior notification/prior approval.
• Promoting guidance and best practice to support the delivery of high quality development in the right place

What monitoring is proposed?

The precise changes to PDR for each development type are currently unknown, as is the relative timing of their introduction and the endpoint at which all or some of the changes associated with this SEA will be implemented. The Scottish Government however recognises the need for appropriate monitoring of impacts from the implementation of any changes, including on the environment. This could involve various approaches and combinations of approach, such as liaising with planning authorities, developers and statutory bodies, as well as commissioning research. Monitoring of the take-up/use of the amended PDR can in some cases be informed by the planning statistics for prior notification/approval (number of submissions and approval rates).

How can I comment on this SEA and how will my responses be considered?

Please respond to this consultation using the Scottish Government’s consultation hub, Citizen Space. You can access and respond to this consultation online at https://consult.gov.scot/planning-architecture/potential-development-rights-new-homes-provision/.

Following the conclusion of the consultation period, the responses received on the proposals and this Environmental Report will be analysed and taken into account.