Information

Planning - permitted development rights review - phase 2: consultation

We are seeking views on proposed changes to Permitted Development Rights (PDR), as well as the use classes order, which are being considered through phase 2 of the review.


Footnotes

1. See the Town and Country Planning (General Permitted Development and Use Classes) (Scotland)
Amendment Order 2020.

2. See section 26(1) of the Town and Country Planning (Scotland) Act 1997.

3. Whether a change of use is material will depend on the circumstances of the case. It will depend on, for example, the current use, the proposed use, the nature of the area and the potential impacts of the change on the amenity and environment of the area.

4. See section 26(2)(f) of the Town and Country Planning (Scotland) Act 1997.

5. Climate Change Committee 6th Carbon Budget, Surface Transport (December 2020)

6. Sites of archaeological interest, national scenic areas, historic gardens or designed landscapes, historic battlefields, conservation areas, National Parks and World Heritage Sites.

7. On-Street Residential Chargepoint Scheme guidance for local authorities - GOV.UK (www.gov.uk)

8. “Road” in the GPDO has the same meaning as in section 151 of Roads (Scotland) Act 1984 (legislation.gov.uk)

9. Section 25 of the Town and Country Planning (Scotland) Act 1997

10. Class E brings together the English equivalents of Class 1 (shops), Class 2 (financial and professional services), Class 3 (food and drink), class 4 (business) and certain uses from Class 10 (non-residential institutions) and Class 11 (assembly and leisure)

11. Sui generis – in a class by itself. So, for example, a change of use of a building to use as a theatre or from use as a theatre is not excluded from ‘development’ by the UCO. Whether such changes are ‘development’ depends on whether the change of use is material in the circumstances of the case.

12. Note that class 15 of the GPDO grants planning permission for temporary use of land and the erection or placing of moveable structures for the purpose of that use for up to 28 days in a calendar year.

13. For example:

  • Quality standard of homes delivered through change of use permitted development rights - GOV.UK (www.gov.uk)
  • Impact of extending development rights to office-to-residential change (rics.org)

14. See article 10 of the Town and Country Planning (General Permitted Development etc) (England) (Amendment) Order 2021

15. The Sustainability Appraisal incorporates SEA requirements under the Environmental Assessment (Scotland) Act 2005

16. Under the Environmental Assessment (Scotland) Act 2005 (legislation.gov.uk)

17. The Scottish Government’s Programme for Extending Permitted Development Rights in Scotland: A Sustainability Appraisal (www.gov.scot)

18. Proposed programme for reviewing and extending permitted development rights (PDR) in Scotland - Scottish Government - Citizen Space (consult.gov.scot)

19. Sustainability Appraisal summary.pdf (consult.gov.scot)

20. Permitted development rights - extension and review: strategic environmental assessment - draft post adoption statement - gov.scot (www.gov.scot)

21. Although previous assessments referred to “town centre” changes of use, this was not intended to denote that any changes would not apply in other types of centre – such as local or city centres. Indeed, any regulations stemming from the Phase 2 consultation would apply Scotland-wide. This is acknowledged in the consultation document, and hence the term “centres” is generally used to refer to all types of centre, including city, town and local centres. References to centre and town centre in this SA Update should be read in this context.

22. Supporting documents - Scotland 2045 - fourth National Planning Framework - draft: consultation - gov.scot (www.gov.scot)

23. Reviewing and extending permitted development rights: consultation analysis - gov.scot (www.gov.scot)

24. To inform the 2019 Sustainability Appraisal, the Scottish Government established a Virtual Review Group comprised of key stakeholders to engage with the appraisal at key stages. The VRG included contacts from industry; the SEA consultation authorities (SEPA, NatureScot and HES); planning authority representatives; representatives from the Scottish Government policy leads for the sectors involved; and, from bodies with interests in the built, historic and natural environments.

25. The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (legislation.gov.uk)

26. Class 9E(3) and 9F(3) sets out that Development is not permitted by this class in the case of land within (a) a site of archaeological interest; (b) a national scenic area; (c) a historic garden or designed landscape; (d) a historic battlefield; (e) a conservation area; (f) a National Park; or (g) a World Heritage Site.

27. Research Project: Analysis of responses to a consultation on reviewing and extending permitted
development rights (PDR) (www.gov.scot)

28. See section 26(2)(f) of the Town and Country Planning (Scotland) Act 1997.

29. Reviewing and extending permitted development rights: consultation analysis - gov.scot (www.gov.scot)

30. The Town and Country Planning (Use Classes) (Scotland) Order 1997 (UCO) groups together various land uses with broadly similar planning impacts into separate “use classes”. Legislation provides that a change of use within a use class does not constitute development for planning purposes, and so planning permission is not required.

31. Green Ports Delivering Freeports for Scotland: Applicant Prospectus (DRAFT) - gov.scot (www.gov.scot)

32. The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (legislation.gov.uk).

33. Freeports consultation - GOV.UK (www.gov.uk)

34. The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (legislation.gov.uk)

35. The UCO groups various uses of land/buildings into a series of separate classes and provides that
a change between uses in the same class does not constitute development requiring planning
permission.

36. See the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022- which do include limited powers for fees to be waived in certain cases.

37. £300 if proposed building or structure does not exceed 50sqm; £600 per 0.1ha up to maximum of £150,000 where no buildings are proposed to be created

38. The UCO groups various uses of land/buildings into a series of separate classes and provides that a change between uses in the same class does not constitute development requiring planning permission.

39. Refer to Definitions of Protected Characteristics document for information on the characteristics

40. In respect of this protected characteristic, a body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work. This is because the parts of the Act covering services and public functions, premises, education etc. do not apply to that protected characteristic. Equality impact assessment within the Scottish Government does not require assessment against the protected characteristic of Marriage and Civil Partnership unless the policy or practice relates to work, for example HR policies and practices.

41. See EQIA – Setting the Scene for further information on the legislation.

42. The UCO groups various uses of land/buildings into a series of separate classes and provides that a change between uses in the same class does not constitute development requiring planning permission.

43. Island Communities Impact Assessments: guidance and toolkit - gov.scot (www.gov.scot)

44. The UCO groups various uses of land/buildings into a series of separate classes and provides that a change between uses in the same class does not constitute development requiring planning permission.

Contact

Email: Planning.PDR2@gov.scot

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