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.

5. Assessment of Impacts

Sustainability Appraisal Update

5.1. The Scottish Government set out its Proposed Work Programme for reviewing and extending permitted development rights (PDR) (referred to as "the proposed programme") in November 2019. The proposed programme was the first step in an iterative and ongoing policy process which has been, and will continue to be, informed by a Sustainability Appraisal (SA) incorporating Strategic Environmental Assessment (SEA) requirements[15]. The SA was undertaken by independent consultants LUC commissioned by the Scottish Government.

5.2. An SA Report setting out the potential environmental, social and economic effects arising from the proposed PDR review programme was consulted on from 5 November 2019 until 28 January 2020. The 2019 SA report considered broad options for changes to PDR across a range of development types.

5.3. A Draft SEA Post Adoption Statement was also published alongside the Phase 1 consultation in October 2020; it set out how the views gathered on the environmental, social and economic considerations incorporated within the Sustainability Appraisal were taken into account in finalising the PDR work programme and in progressing the Phase 1 proposals.

5.4. The Draft SEA Post Adoption Statement is a live document; it will continue to be updated as future work on the remaining phases of the PDR programme is progressed. We will also give consideration to whether any further appraisal or assessment is required at each step of the iterative policy process. Accordingly, the Phase 2 consultation is accompanied by an updated Draft Strategic Environmental Assessment (SEA) Post Adoption Statement.

5.5. Furthermore, we have also undertaken some additional appraisal of the Phase 2 proposals (see Annex A). This includes the consideration of those proposals that were not considered as part of the original Sustainability Appraisal (e.g. port development).

Q37. What are your views on the findings of the Update to the 2019 Sustainability Appraisal Report at Annex A? (Respondents are asked to avoid restating their views on the November 2019 and Phase 1 consultations, as these views have already been taken into account.

Other Assessments

5.6. In addition to Strategic Environmental Assessment we have undertaken a number of other assessments of our draft proposals (or screened proposals

to see whether an assessment is required). Our initial and draft assessments are set out in annexes A-F and we would welcome feedback on these as part of the consultation. The draft assessments and screening assessments undertaken include:

  • A partial Business and Regulatory Impact Assessment (BRIA) that considers the costs and benefits, particularly with regard to business, of the proposed changes (see Annex B);
  • A draft Equality Impact Assessment (EqIA) that considers the impact of the draft proposals on various equalities groups defined by protected characteristics such as age, sex, religious or other belief, race or sexual orientation (see Annex C);
  • A draft Children's Rights and Wellbeing Impact Assessment (CRWIA) that considers the impact of the proposed changes on children. Our initial conclusion following a screening of proposals is that a full assessment is not required (see Annex D);
  • A draft Island Communities Impact Assessment (ICIA) that considers the impact of proposed changes on Scotland's islands. (see Annex E); and
  • A Fairer Scotland Duty Assessment that considers how we can reduce inequalities of outcome caused by socio-economic disadvantage, when making strategic decisions. Our initial conclusion following a screening of proposals is that a full assessment is not required (see Annex F)

5.7. A Data Protection Impact Assessment (DPIA) was not considered relevant to these proposals because none pose any risk to privacy or data protection.

5.8. We invite views on these draft and partial impact assessments as part of this consultation. In particular:

Q38. Do you have any comments on the partial and draft impact assessments undertaken on these draft Phase 2 proposals?

Q39. Do you have any suggestions for additional sources of information on the potential impacts of the proposals that could help inform our final assessments?



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