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 C.2: Phase 3 finalised Regulations
Introduction
The text below sets out the ways in which the finalised regulations[14] take into account the comments received in response to the Phase 3 consultation proposals and the associated Update to the 2019 Sustainability Appraisal, which are available via the following link:
The Phase 3 Consultation took place between 31 May 2023 and 23 August 2023. It sought views on proposals for changes and extensions to PDR for different development types. These included domestic and non-domestic renewable energy equipment, replacement windows, electricity network infrastructure, flues, reverse vending machines and shooting ranges. The final number of submissions received was 467, of which 104 were from groups or organisations and 363 from individual members of the public.
The analysis of responses to the Phase 3 Consultation is available online via the following link:
Overall, respondents considered the Phase 3 Update to the 2019 Sustainability Appraisal to be a useful tool when considering the effects of the proposed permitted development right changes.
One respondent considered that the structure of the 2019 Sustainability Appraisal and subsequent updates, while compliant with the SEA act, could dilute the findings on environmental impacts amongst findings on social and economic impacts. It was also suggested that PDR for certain development types should be dependent on the condition that biodiversity enhancements are implemented.
Other stakeholders highlighted that potentially significant adverse effects identified on cultural heritage were not always reversible, and that information should be made available to householders on undertaking alterations to improve poor energy efficiency (built fabric improvements, air tightness, insultation, maintenance etc.) through taking a ‘fabric first’ approach.
Further detail on the comments received and how these have been taken into account are included below.
Domestic Renewables
Respondents were broadly content with the findings of the Phase 3 Update on extending PDR for the installation or replacement of domestic renewable energy equipment.
It was noted that the Phase 3 proposals which involved extending PDR into conservation area buildings could give rise to significant adverse effects on cultural heritage. Respondents therefore suggested that certain mitigation measures should be implemented including:
- Restricting PDR for the installation of solar panels and air source heat pumps on the principal elevation, or an elevation visible from the street or public place, of a conservation area building.
- Requiring that the removal of solar panels and any associated works should involve like for like replacements.
- Specifying that PDR should not apply in World Heritage Sites (WHS)
The Phase 3 regulations take this feedback into account and restrict PDR for the installation of solar panels on the front elevation of a conservation area building, or on a side elevation where it faces a road. PDR for the installation of solar panels on ancillary buildings within conservation areas are also limited to the rear curtilage of a dwelling. PDR for the installation of solar panels is also restricted within the curtilage of a listed building. Proposals for the installation of air source heat pumps on domestic buildings were not taken forward in the Phase 3 changes.
Some respondents considered the Phase 3 Update did not adequately consider effects on cultural heritage of proposals for extending PDR to allow for the siting of wind turbines closer to the property boundaries of heritage assets. It was considered that these proposals could give rise to significant adverse effects resulting from impacts on the setting of these heritage assets. While we have taken these comments into account when finalising the Regulations, we are content that the changes proposed would not give rise to additional adverse effects of a significant level on cultural heritage given that these PDR are already subject to requirements for prior notification/approval from the relevant planning authority.
Non-Domestic Renewables
Respondents were broadly content with the findings of the Phase 3 Update which considered proposals for extending PDR for the installation or replacement of non-domestic renewable energy equipment.
It was noted that the proposals for extending PDR for the installation of non-domestic renewable energy equipment into conservation areas could give rise to significant adverse effects on cultural heritage. Respondents therefore suggested that certain mitigation measures should be implemented including:
- the introduction of a requirement for prior notification / approval from the relevant planning authority for the installation of solar panels within the curtilage of non-domestic buildings.
- Restricting PDR for the installation of solar panels or air source heat pumps (ASHPs) within the curtilage of non-domestic buildings which are visible from the street or public places.
- Restricting PDR for the installation of solar panels or air source heat pumps (ASHPs) within the curtilage of non-domestic buildings which are listed buildings, and restricting PDR for the installation of solar panels or air source heat pumps (ASHPs) within the curtilage of non-domestic buildings in World Heritage Sites or within the setting of listed buildings or scheduled monuments.
The Phase 3 regulations took this feedback into account and limited PDR for the installation of solar panels within the curtilage of non-domestic buildings to the rear curtilage of conservation area buildings. PDR for the installation of solar panels within the curtilage of non-domestic buildings were also restricted within the curtilage of a listed building. Proposals for the installation of air source heat pumps on non-domestic buildings were not taken forward.
Some respondents considered that the Phase 3 Update did not adequately consider effects on cultural heritage linked to proposals for extending PDR for the installation of solar panels on non-domestic buildings within a conservation area. The Phase 3 regulations restrict PDR for the installation of solar panels on the principal elevation or side elevation fronting a road on non-domestic conservation area buildings. The regulations also restrict the installation of solar panels on non-domestic buildings within the curtilage of a listed building.
Thermal Efficiency: Replacement Windows
Respondents were in broad agreement with the findings presented in the Phase 3 SA Update in respect of proposals to introduce PDR for the replacement of windows within conservation area buildings. Many respondents however emphasised the potential for significant adverse effects on cultural heritage caused by the installation of poorly designed replacement windows. Respondents highlighted that adverse effects on cultural heritage could occur with the removal of existing windows which form part of a building’s historic fabric, and expressed doubt about the extent to which replacement windows would improve the thermal efficiency of buildings in comparison to the retention and repair of existing windows. Uncertainties were also raised about whole life carbon costs of differing replacement window materials. The comments received have been taken into account in finalising the regulations. We are satisfied that the overall findings of the assessment remain valid.
Electricity Undertakings
Respondents were in broad agreement with the findings presented in the Phase 3 SA Update in respect of proposals to clarify and extend PDR for electricity undertakings.
It was noted that the Phase 3 proposals for extending PDR for the installation of electricity substations, communications lines, site investigations, fences and development on operational land could give rise to significant adverse effects on cultural heritage. Respondents therefore suggested that certain mitigation measures should be implemented including:
- restricting PDR for the installation or replacement of electricity substations in areas designated for their cultural heritage value including the setting of listed buildings and scheduled monuments, conservation areas and World Heritage Sites, Inventory battlefield and gardens and designed landscapes.
- the introduction of a requirement for prior notification / approval from the relevant planning authority for the installation or replacement of communications lines of a greater length than 1,000m.
- the introduction of a requirement for prior notification / approval from the relevant planning authority for site investigations and the installation of gates, fences, walls and other means of enclosure needed for electricity undertakings.
- restricting PDR for the erection on operational land of the undertaking of a building solely for the protection of plant or machinery within the setting of listed buildings and scheduled monuments, conservation areas and World Heritage Sites (WHS)
The Phase 3 regulations take this feedback into account and limited PDR for the installation or replacement of electricity substations with a capacity greater than 29 cubic meters in areas designated for their scenic or heritage value. The Phase 3 proposal for extending PDR for the installation or replacement of communications lines of a greater length than 1,000m was not taken forward. The requirement for prior notification / prior approval on PDR for the erection of a building on operational land was also retained for buildings greater than 3m in height.
Reverse Vending Machines
Respondents were partly in agreement with the findings of the Phase 3 SA Update in respect of proposals for extending PDR for the installation of Reverse Vending Machines (RVMs) located on the road (the definition of which includes the pavement), or facing onto and within 5m of a road. Some respondents however expressed concern about the potential for significant effects on cultural heritage where the installation of individual or several RVMs on a road leads to impacts on the setting of nearby heritage assets. It was therefore suggested that these PDR should be restricted within the setting of listed buildings and scheduled monuments, conservation areas and World Heritage Sites. The Phase 3 regulations took this feedback into account, and PDR was not extended for RVMs.
Temporary Use of Land: Shooting Ranges
Some individuals considered that the Phase 3 Update understated the potential adverse effects on economic growth, rural development and human health of restricting PDR for temporary shooting ranges and disincentivising individuals and communities from engaging in shooting activities. Some respondents also considered that the Phase 3 Update did not sufficiently evidence the potential for positive effects on human health, biodiversity, water, soils, landscapes, cultural heritage and material assets. While we are satisfied that the overall findings of the assessment remain valid, we have taken the comments received into account and this proposal has not been taken forward.