Permitted development rights - extension and review: strategic environmental assessment - post adoption statement

Appendix C.1: Phase 3 proposals

The proposals in the Phase 3 work programme included changes to PDR specifically related to:

• domestic renewables
• non-domestic renewables
• thermal efficiency: replacement windows
• electricity undertakings
• reverse vending machines
• temporary use of land: shooting ranges

We published our Phase 3 Update to the 2019 Sustainability Appraisal (‘the Phase 3 Update’) as an annex to the consultation draft Phase 3 proposals^[13]. This built on the findings in the 2019 SA report, taking into account the comments received. It also considered new aspects of the Phase 3 proposals which were not assessed previously.

Domestic Renewables

On extending PDR for the installation of domestic solar equipment, the 2019 SA considered an extension into conservation areas, with a potential for significant adverse effects on cultural heritage identified. It was highlighted that these effects could be exacerbated if PDR were simultaneously extended to allow panels which protrude more than one metre from buildings, or where panels are located on balconies. The Phase 3 proposals ensured that heritage protection remains an important consideration and included limitations on the installation of solar panels on the principal elevation (or side elevation fronting a road) of conservation area buildings and within the curtilage of listed buildings.

The 2019 SA did not consider effects linked to the introduction of PDR for the installation of solar panels on outbuildings and garages ancillary to, and within the curtilage of, a dwellinghouse. The Phase 3 Update identified a potential for additional minor adverse effects on cultural heritage and landscapes were the installation of solar panels on outbuildings to impact on the character of individual buildings and detract from the overall quality of the surrounding area. The Phase 3 proposals therefore set limitations on the size of solar panels to be installed, and on the location of ancillary buildings upon which solar panels can be installed.

The Phase 3 Update considered proposals for extending PDR for the installation of domestic air source heat pumps (ASHP) above ground level in conservation areas. A potential for significant adverse effects on cultural heritage was identified in cases where poorly sited ASHP would appear as prominent elements within historic townscapes. Mixed and uncertain effects were also identified on people’s health and living environment. The Phase 3 Update considered proposals for amending the PDR at class 6D and 6E to clarify that any underground pipework or above ground connections linked to domestic ground source and water source heat pumps are included. Negligible and uncertain effects were predicted depending on the extent to which the change would support the installation of renewable energy technologies in people’s homes and the location and extent of pipework to be installed. The Phase 3 proposals therefore set limitations on the size and location of ASHP and ground source and water source heat pumps to be installed.

The 2019 SA considered extending PDR for the installation of free-standing domestic wind turbines into areas of cultural heritage value alongside options for allowing for more than one turbine in the curtilage of a dwelling and removing the restriction of the installation of turbines within 100m of a neighbouring property. A potential for significant adverse effects on cultural heritage and landscapes was identified where extending these PDR into designated areas gave rise to ground disturbance and visual impacts. A potential for minor adverse effects was also identified on biodiversity due to the risk of bird or bat strike. The Phase 3 proposals therefore set limits on the height, appearance, noise and ground clearance of turbines to be installed.

Proposals for new PDR for domestic wind turbines attached to a dwelling were not assessed as part of the 2019 SA. The Phase 3 Update identified mixed effects on sustainable economic growth and people’s living environment. A potential for significant adverse effects on the historic environment and landscapes was also identified in cases where poorly sited or designed wind turbines affect the fabric and appearance of individual buildings and detract from the overall quality of townscapes and rural areas. A potential for minor adverse effects was also identified on biodiversity due to the risk of bird or bat strike. The Phase 3 proposals therefore restricted the application of these PDR in designated areas, and set limitations on the scale, appearance, noise and location of turbines to be installed.

The Phase 3 Update identified minor positive effects on air quality, cultural heritage, people’s health and living environment linked to the Phase 3 proposals for removing PDR for the installation and alteration of flues for wood burning stoves, biomass boilers and biomass heating systems. It was recognised, however, that the proposal for removing PDR for the alteration of domestic flues could discourage householders from removing, replacing or upgrading these heating systems. Some minor adverse effects were also predicted on the resourcing of the planning system where removing PDR results in a greater number of planning applications entering the system.

Non-Domestic Renewables

The 2019 SA considered options for the expansion of PDR for solar panels on non-domestic buildings. A potential for significant adverse effects on the safe operation of aerodromes and technical sites was identified due to glint and glare linked to several solar developments in the same area. Minor adverse, but reversible, effects were also identified on cultural heritage and landscapes. Comments on the 2019 SA indicated that these findings did not take into account recent developments in solar technology, and that solar panels can be less intrusive than other micro-renewables. The Phase 3 proposals invited additional views in relation to the continuing need for exclusion zones in the vicinity of airports, aviation, or defence installations. Limitations were also introduced on the siting of solar panels on the principal elevations of buildings within conservation areas and within the curtilage of listed buildings.

The 2019 SA did not consider proposals for the introduction of additional PDR for free-standing solar panels within the curtilage of non-domestic buildings. The Phase 3 Update identified a potential for significant adverse effects on cultural heritage and landscapes were this to be introduced. The Phase 3 proposals therefore restricted the installation of free-standing solar panels within the curtilage of non-domestic buildings in certain designated areas, and included limitations on their size, number and location.

The SA Update for the Phase 2 proposals considered the introduction of PDR for the installation of solar canopies in off-street parking areas for the purpose of charging EV vehicles. A potential for localised adverse effects on the setting of heritage assets and landscapes was identified. These PDR were therefore subject to limitations in designated areas. Comments on the Phase 2 Update identified a potential for solar canopies to bring additional benefits, and the Phase 3 proposals sought views on removing the requirement that solar canopies must have the recharging of EV vehicles as their primary use. The Phase 3 Update identified some potential for additional minor adverse effects on cultural heritage, landscapes and residential amenity where this change could lead to the deployment of solar canopies in greater numbers.

The 2019 SA considered alternatives to introducing PDR for the installation of air source heat pumps (ASHP) on non-domestic buildings. A potential for significant adverse effects on cultural heritage was identified where ASHP impacts on the character of individual buildings or detracts from the quality of townscapes. Mixed minor effects were also identified for population and human health. Comments on the 2019 SA identified that care would need to be taken to ensure that such changes did not adversely affect built or natural heritage, while other respondents suggested that these impacts were over-stated. The Phase 3 proposals included restrictions on the installation of ASHP in areas of heritage value alongside limitations on the siting of ASHP on the side and rear elevations of buildings and away from the curtilage of individual buildings.

The Phase 3 Update considered proposals for amending the PDR at class 6I to clarify that, in addition to the underground pipes, the PDR also cover the installation of ground and water source heat pumps on non-domestic buildings and any above-ground connections to them. Consideration was also given to removing the maximum heat output stipulated at class 6I on the microgeneration to be installed. Overall, negligible positive effects were identified on sustainable economic growth, climatic factors, material assets, air quality, people’s health and living environment where these changes provide greater certainty and confidence and support more people as they install renewable energy technologies. Minor positive effects were also identified on these topic areas where this change supports the installation of ground/water source heat pumps with a greater capacity. Some negligible adverse effect on cultural heritage was identified where the proposed changes support the installation of above ground equipment which could impact on the fabric and appearance of individual buildings and detract from the overall quality of the area.

Thermal Efficiency: Domestic and Non-Domestic Buildings

The Phase 3 consultation included a proposal to introduce PDR for the replacement of windows for domestic buildings located within conservation areas. Rather than considering the impact of replacement windows specifically, the 2019 SA considered proposals for extending PDR for improvements or alterations to domestic properties including dwellinghouses, and buildings containing one or more flats. The 2019 SA found minor impacts on heritage assets and their settings in cases where PDR are extended to include conservation areas. Mixed effects were also predicted on sustainable economic growth and people’s health and living environment.

The Phase 3 Update included further detailed assessment given the potential for significant adverse effects on cultural heritage and residential amenity linked to extending householder PDR into conservation areas and giving particular consideration to effects linked to the replacement of windows. Mixed effects on cultural heritage and material assets were identified. The Phase 3 proposals included restrictions on PDR for the replacement of windows within World Heritage Sites and on principal elevations of conservation area buildings unless where meeting certain limited criteria.

The Phase 3 update also considered options for extending PDR for the replacement of windows in non-domestic buildings.

Extending PDR to allow for the replacement of windows across all non-domestic building types was found to have potential to give rise to minor positive effects on sustainable economic growth, rural development and people’s living environment by supporting investment in the maintenance and upkeep of a wider range of building types. Mixed effects were also identified on cultural heritage and material assets.

Extending PDR to allow for the replacement of windows across all non-domestic building types in designated areas was found to have potential to give rise to further positive effects on sustainable economic growth, rural development and people’s living environment. Further mixed effects on cultural heritage and material assets could also occur.

The Phase 3 proposals therefore restricted PDR for the replacement of windows in World Heritage Sites and on principal elevations of conservation area buildings unless they match the existing window with respect to certain criteria.

Electricity Undertakings

The 2019 SA did not consider options for extending the PDR for electricity undertakings included at class 40 of the GPDO. The Phase 3 Update therefore assessed options for clarifying and extending these PDR to support the upgrading and expansion of electricity networks needed to meet Net Zero ambitions.

The proposal to amend class 40 PDR to clarify that they can be applied by statutory undertakers for the purposes of ‘smart meter communications’ and the ‘distribution’ and ‘interconnection’ of electricity as well as its ‘generation’, ‘transmission’ and ‘supply’ was also assessed. The Phase 3 Update identified negligible effects where this clarification helps prevent confusion and delay in the deployment of additional infrastructure.

Proposals to extend PDR to allow for the installation or replacement of electricity substations greater than 29 cubic metres in capacity were predicted to give rise to minor positive effects on the economy, climatic factors and vacant and derelict land/buildings. Potentially significant adverse effects were identified on cultural heritage and people’s living environment caused from unsympathetic siting and design of larger substation infrastructure. A potential for low frequency noise created by larger substation infrastructure was also identified. The Phase 3 proposals therefore limited the installation or replacement of electricity substations greater than 3m in height. Restrictions were also proposed on the installation or replacement of electricity substations above 29 cubic metres in capacity within 5m of a dwelling.

Proposals to extend PDR to allow for the replacement of communications lines within National Scenic Areas (NSAs) and Sites of Special Scientific Interest (SSSIs) were found to have negligible positive effects on climatic factors, material assets and the economy linked to the swift deployment of infrastructure needed to support the resilience of electricity networks. Minor adverse effects were identified on biodiversity, flora and fauna, landscapes, soils, water and cultural heritage. The Phase 3 proposals therefore included a requirement that the height, design or position of the replacement communications line must match that of the existing line.

Removing the 1000m length restriction on PDR for communications lines was found to have a negligible positive effect on climatic factors, material assets and the economy. Potentially significant adverse effects on biodiversity, flora and fauna, water, soils, cultural heritage and material assets were identified where removing the 1000m length restriction leads to an increased scale of tree felling, ground disturbance and visual intrusion.

Proposals for extending class 40 PDR for site investigations were found to give rise to minor positive effects on the resourcing of the planning system and economic growth where this change supports licence holders to progress the upgrading and expansion of electricity networks. A potential for significant adverse effects was also identified on biodiversity, flora and fauna, water, soils, material assets, cultural heritage and landscapes where certain intrusive investigations cause ground disturbance and visual clutter.

Proposals to introduce PDR for the erection, construction, maintenance, improvement or alteration of gates, fences, walls or other means of enclosure linked to electricity undertakings were considered to have potential for minor positive effects on human health by supporting the swift deployment of fencing for public safety. Mixed and uncertain effects were identified for landscapes, heritage assets and people’s living environment. The Phase 3 proposals therefore restricted the installation of gates, fences, walls and enclosures greater than 3m in height.

Proposals to remove the requirement for prior notification/ prior approval from a planning authority on the siting, design and external appearance of new buildings for housing plant/machinery permitted on operational land used for electricity undertakings were found to have a minor positive effect on the resourcing of the planning system. A potential for minor adverse effects on biodiversity, flora and fauna, soils, water, cultural heritage and landscapes was also identified in instances where the removal of controls could lead to the unsympathetic siting and design of buildings.

Reverse Vending Machines

The Phase 3 Update considered the proposal to extend existing PDR at class 9H for Reverse Vending Machines (RVMs) to allow for their installation on the road. Minor positive effects on material assets were identified where this change would support the deployment of additional RVMs and promote recycling. Uncertain adverse effects on people’s health, cultural heritage, landscapes and peoples living environments were identified as the siting of RVMs could cause obstruction and impact on the setting of heritage assets, landscapes and townscapes. The Phase 3 proposals therefore limited the application of these PDR until consent under section 59 of the Roads (Scotland) Act 1984 has been obtained and, also, limited the size of RVMs to be installed on a road.

Temporary Use of Land: Shooting Ranges

The Phase 3 Update considered the proposal to specifically exclude the temporary use of land for certain fixed target shooting range activities associated with the use of firearms. Minor positive effects were identified on people’s living environments where the siting and design of temporary firing ranges would be controlled through the planning process. Negligible positive effects were also identified on human health, biodiversity, water, soils, landscapes, cultural heritage and material assets. Negligible adverse effects were predicted on economic growth and rural development where economic activity and opportunities for recreation linked to temporary firing ranges are disincentivised because of the requirement to apply for planning permission and some adverse effects were also predicted on the resourcing of the planning system.