Permitted development rights - extension and review: strategic environmental assessment - post adoption statement
Strategic environmental assessment draft post adoption statement setting out how the assessment and consultation responses have been taken into account within the development of the Proposed programme for reviewing and extending permitted development rights (PDR) in Scotland at this stage of the process.
Appendix B.2: Phase 2 finalised Regulations
Introduction
The text below sets out those ways in which the finalised regulations[11] take into account the comments received in response to the Phase 2 consultation proposals and the associated Update to the 2019 Sustainability Appraisal, which are available via the following link:
The Phase 2 Consultation took place between 11 May and 3 August 2022 and it sought views on proposals for changes and extensions to PDR for three development types: Electric Vehicle (EV) Charging Infrastructure, Changes of Use in Centres, and Port Development. The final number of responses received was 95, of which 72 were from groups or organisations and 23 from individual members of the public.
The analysis of responses to the Phase 2 Consultation is available online at:
Overall, respondents welcomed the Phase 2 Update to the 2019 Sustainability Appraisal and the clear way in which previous findings of the 2019 SA and new findings in relation to Phase 2 proposals were set out. Further detail on the comments received and how these have been taken into account are included below.
Electric Vehicle (EV) Charging Infrastructure
The findings of the Update to the 2019 SA, with respect to EV charging, were welcomed with agreement that PDR changes that lead to increased uptake of EV are likely to give rise to significant positive effects. There was also agreement that extended PDR should not be applied in areas where proposals could have a significant impact on heritage assets. It was recommended that there should also be consideration of the effects on material assets of production from the lithium batteries, as well as options for disposing of end-of-life batteries to minimise environmental impact.
In light of the consultation responses, the dimensions for upstands and equipment (including equipment housing) and battery storage in relation to development covered by classes 9F and 9M, are slightly larger than was proposed. These changes reflect the practical considerations associated with rolling out this infrastructure. The proposal to disapply the new class 9F PDR for additional equipment (including equipment housing) in specified areas has not been included in the Order. This was on the basis that in the absence of such equipment, PDR for an upstand alone would be of limited practical use. The consultation paper also sought views on the potential implications of introducing PDR for parties other than local authorities to install on-street EV chargers and PDR for petrol stations to convert to EV charging forecourts. Further consideration will be given to the issues raised by such measures before any PDR are brought forward.
Changes of Use in Town Centres
The Phase 2 consultation sought views on a merged use class bringing together use classes 1, 2 and 3. It recognised that the effect of doing so would be to take any changes of use falling within a merged class out of the scope of planning control (as such changes would not comprise development), meaning the planning system would not be able to mitigate associated impacts. Taking account of the consultation responses and the concerns expressed about potential impacts on residential amenity, rather than merging use classes 1, 2 and 3 as proposed, the Order instead:
- Merges use classes 1 and 2 into new use class 1A (article 13); and
- Introduces a new PDR providing for a change of use from class 1A (and betting shops, pay day loan shops and hot food takeaways) to class 3 – unless the relevant unit is adjacent to or directly below a dwelling (article 8).
The consultation proposed a new PDR for outdoor furniture adjacent to class 3 premises. In light of the feedback received, new class 9L also applies to pubs and bars.
Port Development
The Scottish Government committed in March 2021[12] to consider whether port operators’ PDR were fit for purpose and whether amending them could support the objectives of both the Scottish and UK Government for Green Freeports. Building on this, the Phase 2 public consultation set out the Scottish Government’s intention to ensure a level playing field between Scottish and English ports by aligning port operators’ PDR (class 35) with those of airport operators (class 44).
A substantial majority of responses on Port Development agreed that, with respect to PDR, there should be a level playing field between English and Scottish ports. In some cases, respondents added caveats in relation to the detail of any potential changes to PDR. Reasons given in support of a level playing field were most frequently the economic importance of parity between ports in England and Scotland and the risk that Scottish ports could be placed at a competitive disadvantage in the absence of equivalent PDR. Some respondents referenced the requirement for consultation with planning authorities, introduced as part of recent PDR changes in England, arguing that this should not be replicated in Scotland, or that any consultation must be proportionate. The range of other consenting processes to which port development and operations are already subject were noted.
In light of the consultation responses, the Order now requires that developers carrying out development under the amended class 35 “notify” rather than “consult” the relevant planning authority. This is considered a clearer and more proportionate requirement.
The Update to the 2019 SA appraisal
The comments received have been taken into account in finalising the regulations. Where comments and suggestions regarding the content of the assessment have been made (including those relating to cumulative effects), we are satisfied that these do not alter the overall findings of the Update to the 2019 appraisal.