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

1. Introduction

1.1. Purpose of the report

1.1.1 The Scottish Government is exploring whether permitted development rights (“PDR”) can play a greater role in helping to address the housing emergency. This Environmental Report considers the likely significant environmental effects of options for changes to PDR to support this aim.

1.2. Background

1.2.1 The provision of housing has an intrinsic role in helping to deliver on the Scottish Government’s four key priorities^[2], but most notably eradicating child poverty and growing Scotland’s economy. Housing in Scotland is, however, facing major challenges, and in May 2024 Scottish Ministers declared a national housing emergency.

1.2.2 The planning system is recognised as having a key role in facilitating the delivery of more homes across Scotland. Although there has been a progressive and positive approach to planning reform in Scotland to support the delivery of the right homes in the right places, and our national planning policies are clear what good development looks like, there is still scope for improvement within the planning system.

1.2.3 The Scottish Government has set out a number of actions within the ‘Planning and the housing emergency: delivery plan’^[3] focusing on policy, delivery, efficiency and capacity. This includes considering and engaging widely on the potential scope for further PDR which could support housing delivery in specific circumstances. The Scottish Government is therefore inviting views through its consultation paper ‘Permitted development rights to support the provision of new homes’ which is the subject of this SEA. The consultation also invites views on some measures to further promote and facilitate the implementation of low/zero carbon heating/cooling technologies.

1.3. What are Permitted Development Rights?

1.3.1 Permitted development rights are a form of planning permission granted through legislation, meaning that specified types of development can be carried out without the need for a planning application to be submitted and approved. PDR are contained in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended)^[4] ("the GPDO"). They can provide greater certainty to prospective developers and can save time and expense associated with applying for planning permission.

1.3.2 PDR are organised into a series of “classes”, set out in Schedule 1 of the GPDO. Each class specifies the type (or types) of development for which planning permission is granted. Most classes of PDR are subject to conditions and limitations. These may, for example: specify the maximum size or scale of what is permitted, restrict or dis-apply the rights in certain locations (e.g. conservation areas and National Scenic Areas), or provide that the PDR only apply to certain developers (e.g. local authorities or statutory undertakers).

1.3.3 In most cases, PDR allow development to be carried out without reference to the planning authority. A small number of PDR are however subject to a mechanism known as “prior notification/prior approval”. Under this mechanism, a developer must notify the planning authority, provide some details of aspects of the proposed development (e.g. siting, design or appearance) and pay the relevant fee. The authority then has an opportunity to indicate whether those specific aspects of the development are acceptable.

1.3.4 PDR do not however remove the need to comply with the requirements of other regulatory regimes. Separate consent (such as a building warrant and listed building consent, for example) may need to be obtained even if an application for planning permission is not required.

1.3.5 In addition:

• PDR do not apply where an environmental impact assessment (EIA) would be required under The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.
• An appropriate assessment and additional approval from the planning authority would usually be required for development likely to have significant effects on a European site such as a Special Area of Conservation or a Special Protection Area.

1.4. Relationship with other plans, programmes and strategies

1.4.1 Scotland’s Fourth National Planning Framework (NPF4)^[5], published and adopted in February 2023, is a long-term plan for Scotland that sets out where development and infrastructure is needed. The vision of NPF4 is to give priority to the climate emergency and nature crisis. It sets out a strategy for working towards a net zero Scotland by 2045 and signals the key priorities for ‘where’ and ‘what’ development should take place at a national level. It is part of the statutory development plan and so influences planning decisions across Scotland.

1.4.2 NPF4 should be read and applied as a whole. The following policies may however be particularly relevant in the context of PDR to support the provision of new homes:

• Policy 16 (Quality homes) intends to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland.
• Policy 17 (Rural homes) intends to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations.
• Policy 27 (City, town, local and commercial centres) intends to encourage, promote and facilitate development in our city and town centres, recognising they are a national asset. This will be achieved by applying the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living.
• Policy 29 (Rural development) intends to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced.

1.4.3 The Scottish Government’s ‘Housing to 2040’^[6] (March 2021) is the long-term national housing strategy. It aims to deliver the Scottish Government’s ambition for everyone to have a safe, good quality and affordable home that meets their needs in the place they want to be. It recognises the challenges and diversity of housing delivery in rural areas and the significant and generational impact that a small number of additional homes can make to the long-term resilience of rural communities.

1.4.4 The ‘Rural and Islands Housing Action Plan’^[7] (2023) supports the ‘Housing to 2040’ strategy and specifically focuses on actions to support delivering more homes in rural areas. It recognises that the provision of housing in remote, rural and island areas can be complex, and that each area faces its own set of pressures and challenges as well as distinct opportunities. It also notes there is limited private sector house building outside more populated areas, limiting new supply options and access to home ownership and that housing requirements in rural and island areas are intrinsically interlinked with the broader operation of the place, the economy and the community.

1.4.5 The ‘Planning and the Housing Emergency – Delivery Plan’^[8] (November 2024) sets out actions to help address the National Housing Emergency in Scotland. This focuses on policy, delivery, efficiency and capacity, including considering and engaging widely on the potential scope for further PDR which could support housing delivery in specific circumstances.

1.4.6 Beyond these housing-related publications, there are a number of other programmes and strategies which set related policy context, including:

• The Climate Change Plan (CCP), to be published in 2026, which is a legislative requirement of The Climate Change (Emissions Reduction Targets) (Scotland) Act 2024^[9]. The CCP is the latest revision to the previous Climate Change Plan update (CCPu) 2018-2032^[10], which was produced in 2018 and updated in 2020 to recognise the potential role the CCPu could play in supporting a green and resilient recovery from Covid-19, whilst aiming to achieve the GHG emissions reduction targets.
• The draft Environment Strategy^[11], which builds on ‘Environment Strategy for Scotland: Vision and Outcomes’^[12] published in February 2020. It creates a holistic framework for delivering whole-of-government approach to Scotland’s role in tackling climate change, nature loss and pollution.
• The ‘Scottish Biodiversity Strategy to 2045’^[13] (November 2024) which sets out the ambition for Scotland to be Nature Positive by 2030, and to have restored and regenerated biodiversity across the country by 2045.
• The Historic Environment Strategy for Scotland ‘Our Past, Our Future’^[14] (April 2023) which seeks to harness the power of the historic environment for the benefit of society. It identifies three priority areas for action. These are enabling the transition to net zero, building a wellbeing economy and empowering vibrant, resilient, and inclusive communities and places.
• Scotland’s Forestry Strategy 2019-2029^[15] (February 2019) which provides an overview of contemporary Scottish forestry, presents a 50-year vision for Scotland’s forests and woodlands, and sets out a 10-year framework for action.
• The Scottish Government’s statement on ‘Sustainable and regenerative farming - next steps’^[16] (March 2022) which sets the vision for Scottish Agriculture as a leader in sustainable and regenerative farming. As part of this it recognises the important role farming, crofting and land management will continue to play in maintaining thriving rural and island communities.