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.


Annex A: Sustainability Appraisal Update

1.0 Introduction

1.1.1 The Scottish Government commissioned independent consultants LUC to undertake a Sustainability Appraisal (SA), incorporating the requirements of Strategic Environmental Assessment[16] to inform its proposed programme for reviewing and extending permitted development rights (PDR) in Scotland. The resulting Sustainability Appraisal Report[17] (the '2019 SA') was consulted on alongside a draft work programme from 5 November 2019 – 28 January 2020[18].

1.1.2 The 2019 SA Report set out the potential for significant environmental, social and economic effects (both positive and negative) arising from options for changes to 16 development types. A Non-Technical Summary[19] of the 2019 SA is available on the Scottish Government's web pages. The SA findings were used to inform the Scottish Government's iterative work programme for extending PDR. Further information on this and on the responses received to the 2019 consultation is set out in the draft Post Adoption Statement[20].

2.0 Purpose of thisDocument

2.1.1 This Update to the 2019 SA is specifically relates to the proposals for phase 2 of the work programme. Building on the findings of the 2019 SA, this document sets out the findings of the further, iterative appraisal of the emerging phase 2 proposals for town centres[21], and for electric vehicle (EV) charging infrastructure. It also assesses for the first time new proposals on PDR for port developments.

2.1.2 The Phase 2 proposals relate to:

  • EV charging infrastructure;
  • Changes of use and other development in centres;
  • Port development.

2.2 How was this Update to the SA undertaken?

2.2.1 As a starting point, comments received on the 2019 SA on town centres and on EV charging infrastructure were reviewed to identify any issues requiring further consideration. The consultation draft Phase 2 proposals on town centres and EV charging infrastructure, published alongside this Update, were then considered for any potential significant environmental, social and economic effects beyond those already identified in the 2019 SA, and to identify any new proposals not previously assessed or requiring more detailed assessment.

2.2.2 We have also given consideration to wider policy and contextual changes, including the recently published Draft National Planning Framework (NPF4).[22] The Draft NPF4 puts climate and nature, along with a wellbeing economy and Covid recovery at the heart of the planning system. The document also contains several draft policies intended to support the resilience and recovery of Scotland's centres. NPF4 was published in draft by the Scottish Government in November 2021 for a period of public consultation which ran until 31 March 2022.

2.2.3 The New report on the future of public EV charging infrastructure | Transport Scotland and A Network fit for the Future: Draft Vision for Scotland's Public Electric Vehicle Charging Network | Transport Scotland have also been published and discuss the need and objectives for public EV charging infrastructure. This is in the context of our climate change targets and the anticipated growth in electric vehicle ownership.

2.2.4 A New Future for Scotland's Town Centres was published in 2021 and presents the findings of the independent Town Centre Review Group tasked with reviewing the 2013 Town Centre Action Plan and to consider how we can make towns and town centres greener, healthier and more equitable and inclusive places. At the Heart of Economic Transformation: Report of the City Centre Recovery Task Force was published in March 2022; it identifies priorities to support cities' recovery from the pandemic.

2.2.5 Consideration was also given to the Green Freeports in Scotland: bidding prospectus. Published in 2022, this sets out Scottish and UK governments' expectations for Green Freeports.

2.2.6 Where no new or updated appraisal findings are set out in this update, it is considered that the 2019 SA findings remain current.

2.3 What new proposals are set out in the Phase 2consultation?

2.3.1 The Phase 2 consultation includes proposals for changes to PDR for ports development which was not one of the 16 development types previously considered by the 2019 SA. Consideration has therefore been given to the potential for any likely significant effects arising, the findings of which are set out in Section 3.

2.4 What comments were received on the 2019 Sustainability Appraisal?

2.4.1 An analysis of the responses received to the 2019 SA Report is available online[23], with thematic summaries in the draft Post Adoption Statement published October 2020 (and refreshed alongside this Update).

2.5 Which Reasonable Alternatives were considered?

2.5.1 The 2005 Act requires the Environmental Report to identify, describe and evaluate the likely significant effects on the environment of reasonable alternatives to a plan, programme, or strategy taking into account its objectives and geographical scope. The 2019 SA considered 16 broad categories of development for possible changes to PDR. Options for each development type were then developed through an iterative process in discussion with Scottish Environment Protection Agency (SEPA), NatureScot, and Historic Environment Scotland (HES) (the SEA consultation authorities), and a Virtual Review Group[24]. With the exception of town centre changes of use, for each development type the options typically appraised were:

  • no change to current PDR (where existing PDR);
  • alteration of current PDR for a development type in relation to current restrictions in designated areas, and/or thresholds relevant to the scale/size of development; and
  • creating new PDR for a development type in designated areas, non- designated areas, and/or introducing size/scale restrictions of receptors.

2.5.2 An alternative approach was applied to the 13 options identified for town centre changes of use. The 2019 SA instead focused on the sustainability effects of changes that would result from the addition or loss of 13 uses typically found in town centres, as a means of more clearly drawing out the likely significant impacts which could arise.

2.5.3 Any new or additional alternatives identified as part of this SA Update are considered further below and in Appendix A.

2.6 Mitigation

2.6.1 Mitigation proposed in the 2019 SA for the relevant development types was considered in the context of the draft Phase 2 proposals, with any additional mitigation identified where relevant. In line with the approach previously taken, potential mitigation includes:

  • Defining conditions or restrictions on the extension of particular PDR, for example in terms of numbers, dimensions (e.g. height or area of development) and locations of development types likely to give rise to adverse effects.
  • Redefining distance thresholds for particular PDR by establishing minimum distances beyond which effects from particular development types are unlikely to be significant.
  • Retaining or requiring prior notification/prior approval.
  • Promoting guidance and best practice to ensure that development which is implemented under PDR achieves high standards of design and implementation.

3.0 Updated Appraisal Findings

3.1 Electric Vehicle ChargingInfrastructure Current PDR for EVCharging

3.1.1 As described within the consultation document, two classes of PDR (classes 9E and 9F of the GPDO[25]) address the installation, alteration or replacement of electric vehicle charging points in off-street parking areas. Class 9E relates to wall mounted EV charging points and Class 9F relates to EV charging point upstands. Additionally, local authorities have more general PDR under class 30 of the GPDO for relevant development required in connection with the operation of any public service administered by them. These PDR are not subject to the conditions and limitations that are specific to Classes 9E and 9F (e.g. they are not limited to off-street parking areas or restricted in particular locations such as National Parks), but are subject to general conditions and restrictions.

Proposed Changes to PDR for EV Charging

3.1.2 Phase 2 proposals on PDR for EV charging infrastructure include:

  • Changes to PDR for wall mounted EV charging points on buildings in an area legally used for off-street parking (Class 9E) to:
    • Remove restriction of these PDR in certain designated areas specified in Class 9E(3)[26]
    • Remove existing restrictions on adverts and signage on nameplates in order to simplify the legislation.
  • Changes to PDR for off-street charging upstands in an area lawfully used for off-street parking (Class 9F) to:
    • Remove restriction of these PDR in certain designated areas specified in Class 9F(3)
    • Remove existing restrictions on nameplates
    • Extend the height restriction on EV charging upstands in Class 9F from 1.6 metres to 2.5 metres (except within the curtilage of a dwelling)
  • Extend PDR to allow the development of solar canopies, battery storage and equipment housing associated with upstands in off-street parking areas. This would not apply in certain specified areas including sites of archaeological interest, national scenic areas, historic gardens or designed landscape, historic battlefields, conservation areas, National Parks, World Heritage Sites, and the curtilage of a dwelling.
  • On-street/kerbside charging:
    • No specific proposals; the consultation seeks views on the issues to be considered if any PDR for on-street charging infrastructure were taken forward (what it would permit, who it would apply to, where it would apply and how it would relate to other controls/regulatory regimes).
  • Local authority PDR
    • Noting the anticipated increase in private sector involvement in financing, delivering and maintaining EV charging apparatus, the Phase 2 consultation asks whether Class 30 PDR (see above) should be amended to reflect emerging funding and operating arrangements between authorities and third parties.
  • Changes to existing petrol stations:
    • New PDR for change of use of petrol filling station to charging forecourt, and replacement of associated structures and facilities.

2019 SA Findings

3.1.3 The 2019 SA considered modification to the existing classes of PDR for EV charging, with Section 18 of the 2019 SA Report setting out the assessment findings in full. Key findings included:

  • Potential for long term minor positive effects on climatic factors and air quality where an uptake of electric vehicles occurs through facilitating an increase in the number of charging points and faster/ more powerful charging points.
  • Wider deployment of electric vehicles have potential to give rise to significant positive effects on the objective of supporting measures to reduce carbon emissions.
  • Minor positive effects on the economy likely where PDR helps to support a transition to a low carbon economy by facilitating a take up of electric vehicles, as well as encouraging electric vehicle purchases, thereby supporting and enhancing opportunities for sustainable economic growth.
  • Minor positive effects regarding health, and quality of life and living environment may arise where proposals support electric vehicle usage which results in less air and noise pollution.
  • Potential significant negative effects on cultural heritage due to possible impacts on nationally significant assets, although effects are reversible;
  • Potential long term significant positive effects on climate change and air quality from indirect support for reducing vehicle emissions.

3.1.4 The 2019 SA also found that extending PDR to allow upstands with electrical outlets and wall mounted electric vehicle charging points within 2 metres of a road or to increase the volume in all areas may result in potential significant negative effects due to the potential for the charging points to adversely impact the appearance, structure and setting of designated and undesignated assets. This is based on the worst case scenario of a significant number of charging points to be installed in any one location – fewer, more isolated charging points would result in a less significant effect.

3.1.5 The 2019 SA noted potentially significant negative impacts on cultural heritage would be avoided by limiting any increase in PDR to locations where PDR currently apply. Under this scenario, effects were likely to remain similar to those from existing PDR, by avoiding adverse effects on designated and undesignated heritage assets and their settings.

Comments Received on the 2019 SA Report

3.1.6 Information on the responses received to the 2019 SA Report is set out in the September 2020 Analysis of Responses[27] and in the draft Post Adoption Statement published alongside this Update. Specific points raised in relation to information in the SA concerning PDR for electric vehicle charging infrastructure are summarised below:

  • A private sector respondent suggested that the baselines could do more to recognise scope for solar energy to contribute to reduction in emissions when deployed alongside EV charging infrastructure.
  • A private sector respondent suggested that the SA over-states the potential negative impacts of EV charging infrastructure on cultural heritage, and does not provide sufficient justification for the proposed restriction on EV charging points within 2m of a road.
  • A private sector respondent suggested that the SA overstates the negative environmental effects of EV charging points for non-listed buildings designated areas. It was also suggested that positive environmental impacts associated with EV charging infrastructure is not adequately captured by the SA.
  • A public sector respondent suggested that mitigation proposals would not address effects on the setting of listed buildings.

Updated Appraisal Findings

3.1.7 The 2019 SA identified that options for changes to PDR that lead to increased uptake of EV vehicles are likely to give rise to significant positive effects on climate change and air quality through supporting the transition from fossil fuel powered transport to electric vehicles with reductions in associated emissions. Increased electric vehicle use was also considered likely to have positive effects on human health and quality of life through reduction in noise and air pollution. We consider that these findings remain valid for the current phase 2 proposals.

3.1.8 The 2019 SA concluded that options for changes to existing PDR that relate to their size and location, including in off-street parking areas and within 2m of a road, have potential for significant negative effects on cultural heritage assets and their settings. It was however noted that any adverse effects would be avoided by limiting any increase in PDR to locations where PDR currently apply (i.e. as specified in Class 9F(3) and Class 9E(3)). While the Phase 2 proposals would include the removal of restriction in these areas, any changes would continue to be limited to existing off-street parking areas, therefore localising and minimising any adverse effects on cultural heritage. Views are however invited on this point through the consultation paper.

Canopies charging stations (solar) and battery storage

3.1.9 Views are invited on new Phase 2 proposals to extend PDR to allow the development of solar canopies and related battery storage and equipment housing for EV charging upstands in off-street parking areas. In addition to the Updated Appraisal findings on climate change, air quality and human health noted in para 3.1.7 above, there is potential for negative effects on the setting of heritage, landscape and cultural assets. These effects are considered to be localised due to the PDR applying only to existing off street car parking areas, excluding sites of archaeological interest, national scenic areas, historic gardens or designed landscapes, historic battlefields, conservation areas, National Parks, World Heritage Sites, and the curtilage of a dwelling. No new or additional effects have been identified in relation to biodiversity, water or soils. More detailed assessment is included in appendix A.

Reasonable alternatives

3.1.10 For completeness, appendix A appraises the following options:

  • no change to current PDR;
  • Extending PDR for solar canopies and associated infrastructure in off- street parking areas including those within specified designated areas; and
  • Extending PDR for solar canopies and associated infrastructure in off- street parking areas outwith specified designated areas.

On-street/kerbside charging

3.1.11 In addition to the Updated Appraisal and 2019 SA findings on climate change, air quality and human health noted in para 3.1.7 above, extending PDR to include on-street EV charging infrastructure has potential to create negative effects on the setting of historic, cultural and landscape assets. Insensitively sited EV charging infrastructure can also be an obstruction to people with mobility impairments and people with

visual impairments. It is noted that other regimes, including the requirement to obtain consent from the relevant roads authority, would continue to apply. More detailed consideration is set out in Appendix A.

Reasonable alternatives

3.1.12 For completeness, appendix A appraises the following options in relation to on-street / kerbside charging:

  • no change to current PDR;
  • Extending PDR for on-street EV charging infrastructure in all areas; and
  • Extending PDR for on-street EV charging infrastructure in all areas outwith specified designated areas;

Changes to Existing Petrol Stations

3.1.13 In addition to the Updated Appraisal and 2019 SA findings on climate change, air quality and human health noted in para 3.1.7 above, extending PDR to include change of use of petrol filling stations to charging forecourts, and replacement of associated structures and facilities is considered likely to lead to new / additional minor positive effects on material assets and soils where the proposals lead to removal of petrol tanks and reduced areas of contamination. The phase 2 proposals set out to ensure the area of development will not increase, and replacement buildings are no higher than existing buildings. The Updated Appraisal supports this aspect of the proposals in order to minimise impacts to the settings of heritage, landscape and cultural assets. No new or additional effects have therefore been identified in relation to biodiversity, landscape or cultural heritage.

Local Authority PDR

3.1.14 The Phase 2 consultation asks whether Class 30 PDR should be amended to make clear they apply to "electric vehicle charging points and any associated infrastructure", and to reflect emerging funding and operating arrangements between authorities and third parties. No new or additional impacts have been identified in this respect.

Mitigation

3.1.15 It is recommended that consideration is given to excluding the curtilage of listed buildings from changes to Class 9F, as regards additional PDR for canopies, battery storage and equipment housing, in order to protect cultural heritage assets. The consultation document notes proposals would not apply in sites of archaeological interest, national scenic areas, historic gardens or designed landscapes, historic battlefields, conservation areas, National Parks, World Heritage Sites, and the curtilage of a dwelling which this assessment supports.

3.1.16 Finally, if PDR for on-street/kerbside EV charging infrastructure are taken forward it is recommended that consideration is given to excluding sites of archaeological interest, National Scenic Areas, historic gardens or designed landscapes, historic battlefields, conservation areas, National Parks, World Heritage Sites, and the curtilage of a listed building.

3.2 Changes of Use inCentres

3.2.1 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[28] provides that a change of use within a use class does not constitute development for planning purposes, and so planning permission is not required.

3.2.2 Both PDR and the UCO have the effect of allowing certain works or changes of use to take place without the need to seek planning permission from the planning authority. The key difference is that the UCO takes specified changes of use out of the scope of planning control by providing that they do not involve development. PDR, on the other hand, grant permission for specified forms of development (including certain changes of use) and can therefore be tailored through conditions and limitations to the PDR.

3.2.3 The Phase 2 consultation seeks views on establishing a new class which brings together a variety of uses commonly found in (or associated with) centres but which currently sit in separate use classes. The effect of doing so would be that any changes of use within this broader, merged use class would not involve development and hence not require planning permission. This would potentially help centres become more agile and responsive, with the potential to promote diverse and mixed uses.

3.2.4 The 2019 SA focused on the sustainability effects of potential changes to PDR that would result in the addition or loss of thirteen typical "town

centre" uses (as noted previously, these uses are not limited to town centres). These included:

  • Shops
  • Financial, professional and other services
  • Food and drink ( including pubs)
  • Business
  • General industrial
  • Storage or distribution
  • Hotels and hostels
  • Residential institutions
  • Residential – houses and flats
  • Non-residential institutions
  • Assembly and leisure (Including theatres)
  • Betting shops and pay day lending
  • Hot food takeaways

2019 SA findings

3.2.5 The 2019 SA identified significant positive economic effects in relation to changes that allow town centres to respond to evolving eating, shopping and working patterns. Significant positive cumulative effects were also noted in relation to climatic factors, where changes reduced the need to travel, and for population and human health through providing local services and facilities in an accessible location. The 2019 SA identified the potential for negative effects, including 'bad neighbour' effects and poor diet, where changes led to an increased number of take-away restaurants. Mixed significant effects were noted on cultural heritage reflecting the positive role of keeping historic buildings in use, but the potential impacts from physical changes to buildings.

Comments Received on the SA Report

3.2.6 Some planning authorities suggested that extending PDR for town centres may have negative impacts on residential amenity associated with noise, air quality, etc. It was also suggested that the SA should consider potential effects on human health as a result of changing vulnerability to flooding associated with change of use. Additionally a public sector respondent noted that mitigation measures have not been identified in relation to effects as a result of town centres change of use[29].

Proposed changes

3.2.7 The consultation paper sets out potential changes to both the Use Classes Order[30] and to PDR:

  • Amendments to the Use Classes Order
    • Merge classes 1 (shops), 2 (financial, professional, service) and 3 (food and drink), potentially including certain uses in class 10 (non-residential institutions) and 11 (assembly and leisure).
  • PDR for provision of workspace
    • New PDR for change of use of certain buildings (e.g. those within Class 1-3) to Class 4 (business), subject to a maximum floorspace limit
  • PDR for moveable outdoor furniture
    • New PDR that would permit the placing of moveable furniture on a public road adjacent to food and drink premises (Class 3)

3.2.8 In addition, the consultation paper invites views on new PDR for provision of residential accommodation, though the Scottish Government is not currently minded to progress such changes. Nevertheless, this option is considered here for completeness.

  • New PDR for conversion of shops, offices and other "town centre" uses to residential use.

Updated Appraisal Findings

3.2.9 In addition to the 2019 SA findings in para 3.2.5 above, further consideration of the phase 2 proposals is set out below:

Merged Use Class

3.2.10 The creation of a new merged Use Class could result in the loss or gain of those uses included within the new class – including those which were assessed in the 2019 SA (see paragraph 3.2.4). Any change of use falling within such a class would not constitute development requiring planning permission. This includes changes to – but also changes from – those uses contained within a new class. Consequently it would not be possible to control or mitigate any associated impacts that may arise (e.g. noise, transport) through planning. However, other regimes would continue to apply, such as licensing, environmental health and building standards.

3.2.11 The extent to which the creation of such a Use Class would affect the quantity, type or rate of development coming forward is uncertain and will vary from place to place. Potential impacts of a merged class will be influenced by what uses are included in any merged class. The consultation document proposes an exclusion of 'bad neighbour' uses which may help to limit impacts such as noise. This Updated Appraisal supports this aspect of the proposals in order to minimise impacts on residential amenity. The consultation document also proposes to exclude class 4 from any merged Use Class due to potential loss of office space and potential to undermine town centre first policies, which may limit associated economic and social impacts were this to be included.

New PDR for provision of workspace

3.2.12 Proposals for a new PDR for conversion of certain buildings to Class 4 (business) may result in a gain of centre business. This is assessed within the 2019 SA, and we consider these findings remain valid with no new or additional effects identified.

New PDR for movable outdoor furniture

3.2.13 New PDR for outdoor furniture has potential to have negative effects on the setting of designated and undesignated cultural and historic assets if furniture is placed insensitively. Insensitively sited furniture can also be an obstruction to people with mobility impairments and people with visual impairments. It is noted that other regimes, including the requirement to obtain consent from the relevant roads authority, would continue to apply. Minor negative effects could result from increases in noise, late night disturbance and anti-social behaviour. Positive effects may arise where

street furniture contributes to the vibrancy of centres and increases sense of place, with potential knock-on effects for footfall and Centre viability, including additional trade for Centre businesses. More detailed consideration is set out in Appendix A.

Reasonable alternatives

3.2.14 For completeness, appendix A considers 'do nothing' / no change to PDR and 'increased volume of outdoor furniture'.

  • No change to PDR
  • Change of PDR leading to increased volume of moveable outdoor furniture

PDR for provision of residential accommodation

3.2.15 A new PDR for conversion of shops, offices and other uses to residential use may result in a gain of flats and other residential accommodation in centres. This is assessed within the 2019 SA, and we consider these findings remain valid with no new or additional effects identified.

Mitigation

3.2.16 It is recommended that consideration is given to:

  • Avoiding including 'bad neighbour' uses within any merged use class in order to minimise impacts on residential amenity.
  • Requiring prior notification/prior approval within specified locations, including conservation areas, for movable outdoor furniture so that any potential impacts on amenity can be identified and avoided

3.3 Port Development

3.3.1 Although not forming part of the original PDR work programme, the Scottish Government separately committed to consider whether port operators' current PDR are fit-for-purpose, and whether amending them could support the Scottish and UK Government's objectives for Green Freeports. This commitment was contained in the draft prospectus[31], which was prepared jointly with UK Government (UKG) and published in March 2021. On 25 March 2022 SG and UKG jointly published A bidding prospectus for Scottish ports interested in being designated as Green Freeports.

Current PDR for Port Developments

3.3.2 In Scotland, port operator PDR are contained in Class 35 of Schedule 1 to the GPDO[32].

3.3.3 The UK Government consulted on[33] and subsequently amended[34] the PDR that apply to port operators in England so that they are more closely aligned with those of airport operators. In Scotland, airport operator PDR are contained in Class 44 of Schedule 1 to the GPDO. These changes apply to all ports in England; not just those designated as Freeports.

3.3.4 In summary, the English amendments provide for:

  • Development in connection with the provision of services and facilities to be carried out under PDR – unless it involves:
    • the erection of a building other than an operational building; or
    • the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.
  • Development to be carried out by the port operator's "agent of development"
  • The developer to "consult" with the planning authority prior to carrying out development (unless it is of a specified description).

3.3.5 Prior to these amendments, the PDR for both seaports and airports in England were effectively the same as those in Scotland.

Proposed Changes to PDR for Port Development

3.3.6 To ensure a level playing field between Scottish and English ports, it is proposed to take forward similar measure to those introduced by the UKG in England, as outlined above. Any new PDR would apply to all ports within the Class 35 definition and not just to prospective Green Freeports.

Appraisal Findings

3.3.7 The UK Government has suggested that the amendments would enable a wider range of development and operational activities to take place under PDR. However, as set out in the phase 2 proposals, it is unclear what these additional types of development are – in other words, what type of development could be carried out under the proposed new PDR that currently could not be undertaken under existing PDR. For this reason, no new or additional impacts have been identified on society or the environment. It is however acknowledged that, if this opportunity is not taken to align Scottish and English PDR for ports development, any potential benefits arising for example through increased certainty and clarity for developers may not be realised.

Appendix A: Sustainability Appraisal Matrices PDR for charging upstands in off-street car parks

PDR for charging upstands in offstreet car parks No Change in PDR Extend PDR to allow the development of solar canopies, battery storage and equipment housing associated with EV chargers in off-street parking areas: no restrictions in designated areas Extend PDR to allow the development of solar canopies, battery storage and equipment housing associated with EV chargers in off-street parking areas outwith specified designated areas
Biodiversity, flora and fauna
To avoid adverse effects on all habitats and species No significant effects identified No significant effects identified No significant effects identified
To enhance biodiversity No significant effects identified No significant effects identified No significant effects identified
Climatic factors
To avoid increasing greenhouse gas emissions (GHG) Minor positive effects expected due to facilitation of electric vehicle use through increasing the availability of charging points and fast/more powerful charging points, and avoiding increases in GHG. Significant positive effects may arise where the changes in PDR facilitate an uptake in use of EV powered by renewable energy, and support the wider deployment of EV and charge points.
To support actions which contribute to targets for reducing greenhouse gas emissions Minor positive effects expected due to facilitation of electric vehicle use through increasing the availability of charging points and fast/more powerful charging points, and avoiding increases in GHG. The proposed changes to PDR are likely to support actions which contribute to targets for reducing GHG emissions where an increase of EV charging utilises renewable energy. By supporting the wider deployment of electric vehicles these changes may have a significant positive effect.
To support climate change adaptation No significant effects identified The use of renewable energy and battery storage may facilitate the creation of a more dispersed network of charging points, this network may be more resilient to climate change events which may disrupt power supply. By supporting the wider deployment of electric vehicles and use of renewable energy, these changes to PDR would make a significant positive effect.
Air
To avoid significant
adverse effects on air quality, particularly where air quality is a known issue through the designation of AQMA
The existing PDR are
likely to result in minor positive effects on the avoidance of significant adverse effects on air quality where the PDR facilitates an increase in electric vehicles uptake. This may result in lower levels of air pollution from exhaust emissions, particularly at a local level, with associated benefits for human health and biodiversity. This could be of particular relevance where air quality issues currently exist such as AQMAs and to those most vulnerable to the impacts of atmospheric pollution.
The proposed changes to PDR would contribute
to the increased availability of charging points, supporting the use of electric vehicles, powered by renewable energy thereby reducing reliance on non-renewable energy and reducing associated air pollution. These changes would make a significant positive effect.
To improve air quality The existing PDR would have a positive effect on improving air quality as they encourage the uptake of electric vehicles which result in lower levels of air pollution compared with combustion engines. The effect is expected to be minor positive. The proposed changes to PDR would contribute to the availability of charging points, supporting the use of electric vehicles and reducing air pollution. By supporting the wider deployment of electric vehicles and utilising renewable energy, these changes would make a significant positive effect.
Water
To improve the water environment and to avoid adverse effects on the quality and quantity of watercourses and waterbodies No significant effects identified No significant effects identified No significant effects identified
To avoid and reduce flood risk No significant effects identified No significant effects identified No significant effects identified
Soil
To protect and avoid adverse effects on valuable soil resources, including carbon soils and best & most versatile agricultural land No significant effects identified No significant effects identified No significant effects identified
To reduce vacant and derelict land/buildings and contaminated land and contaminated land No significant effects identified No significant effects identified No significant effects identified
Cultural heritage
To avoid adverse effects on designated and undesignated heritage assets and their settings No significant effects identified Extending PDR to allow development of canopies and battery storage in off-street car parks has potential to create negative effects on heritage assets and their settings. Negative effects on heritage assets and their settings may be minimised by PDR applying only to off street car parking areas, and excluding parking areas located within sites of archaeological interest, historic gardens or designed landscapes, historic battlefields, conservation areas and World Heritage Sites.
To enhance, where appropriate, heritage assets and their settings and to improve the quality of the wider built environment No significant effects identified No significant effects identified No significant effects identified.
Landscape and geodiversity
To avoid adverse impacts on protected landscapes, wild land, geodiversity and all landscapes No significant effects identified Extending PDR to allow development of canopies and battery storage in off-street car parks has potential to create negative visual impacts. Negative impacts on landscapes will be minimised by PDR applying only to off street car parking areas, and excluding parking areas within national scenic areas, historic gardens or designed landscapes, conservation areas, National Parks, World Heritage Sites, and the curtilage of a dwelling.
To enhance landscape quality No significant effects identified No significant effects identified No significant effects identified
Material assets
To avoid adversely impacting on material assets through the loss of resources such as soil or the generation of waste through the loss of resources such as soil or the generation of waste No significant effects identified No significant effects identified No significant effects identified
To enhance material assets No significant effects identified No significant effects identified No significant effects identified
Economy
To support and enhance opportunities for sustainable economic growth The existing PDR are likely to result in minor positive effects regarding supporting and enhancing opportunities for sustainable economic growth as they help to support a transition to a low carbon economy by facilitating a take up of electric vehicles, as well as facilitating an increase in electric vehicle purchases. The proposed changes to PDR would contribute to the availability of charging points and facilitate an increase in electric vehicle use and purchases and support a transition to a low carbon economy. However, the positive economic effects resulting from a change in PDR would be similar to those provided by existing PDR, and the effects of the proposed changes would therefore remain minor positive.
To support rural development No significant effects identified No significant effects identified No significant effects identified
To support smarter resourcing of the planning system No significant effects identified No significant effects identified No significant effects identified
Social, population and human health
To avoid adverse effects on health and quality of life and reduce risks to health and quality of life and reduce risks to health and quality of life No significant effects identified The proposed PDR are likely to result in minor positive effects on the avoidance of adverse effect on health and quality of life, where proposals lead to an increase uptake of electric vehicles with an associated reduction in noise and air pollution associated with fossil-fuel vehicles. This could be of particular relevance where air quality issues currently exist such as AQMAs and to those most vulnerable to the impacts of atmospheric pollution.
To improve the health and living environment of people and communities including support for access, recreation and physical activity including support for access, recreation and physical activity No significant effects identified The proposed PDR are likely to result in minor positive effects on the health and living environment of people and communities, where proposals lead to an increase uptake of electric vehicles with an associated reduction in noise and air pollution associated with fossil-fuel vehicles. This could be of particular relevance where air quality issues currently exist such as AQMAs and to those most vulnerable to the impacts of atmospheric pollution.
To support community cohesion and vitality No significant effects identified No significant effects identified No significant effects identified
To support access to education and training No significant effects identified No significant effects identified No significant effects identified

PDR for on-street/kerbside charging

PDR for on-street /kerbside charging No Change in PDR Extend PDR to allow on-street charging infrastructure in all areas Extend PDR to allow on-street charging infrastructure in all areas outwith specified designated areas
Biodiversity, flora and fauna
To avoid adverse effects on all habitats and species No significant effects identified No significant effects identified No significant effects identified
To enhance biodiversity No significant effects identified No significant effects identified No significant effects identified
Climatic factors
To avoid increasing greenhouse gas emissions (GHG) No significant effects identified Significant positive effects may arise where the changes in PDR facilitate an uptake in use of EV powered by renewable energy, and support the wider deployment of EV and charge points, particularly in areas where there are no off- street parking areas (covered by Classes 9E and 9F).
To support actions which contribute to targets for reducing greenhouse gas emissions No significant effects identified A PDR supporting on-street charging infrastructure is likely to support actions which contribute to targets for reducing GHG emissions. By supporting the wider deployment of electric vehicles, through increasing the availability of charging points, these changes may have a significant positive effect.
To support climate change adaptation No significant effects identified Facilitating the creation of a more dispersed network of charging points may increase the network resilience to climate change events. By supporting the wider deployment of electric vehicles and use of renewable energy, these changes to PDR would make a significant positive effect.
Air
To avoid significant adverse effects on air quality, particularly where air quality is a known issue through the designation of AQMA No significant effects identified The proposed changes to PDR may result in minor positive effects on the avoidance of significant adverse effects on air quality where the PDR facilitates an increase in electric vehicles uptake. This may result in lower levels of air pollution from exhaust emissions, particularly at a local level, with associated benefits for human health and biodiversity. This could be of particular relevance where air quality issues currently exist such as AQMAs and to those most vulnerable to the impacts of atmospheric pollution.
To improve air quality No significant effects identified The proposed changes may have a positive effect on improving air quality as they encourage the uptake of electric vehicles which result in lower levels of air pollution compared with combustion engines. The effect is expected to be minor positive.
Water
To improve the water environment and to avoid adverse effects on the quality and quantity of watercourses and waterbodies No significant effects identified No significant effects identified No significant effects identified
To avoid and reduce flood risk No significant effects identified No significant effects identified No significant effects identified
Soil
To protect and avoid adverse effects on valuable soil resources, including carbon soils and best & most versatile agricultural land No significant effects identified No significant effects identified No significant effects identified
To reduce vacant and derelict land/buildings and contaminated land and contaminated land No significant effects identified No significant effects identified No significant effects identified
Cultural heritage
To avoid adverse effects on designated and undesignated heritage assets and their settings No significant effects identified Extending PDR to allow development of on-street chargers has potential to create negative effects on heritage assets and their settings. Negative effects on heritage assets and their settings may be minimised by PDR excluding areas within sites of archaeological interest, historic gardens or designed landscapes, historic battlefields, conservation areas, World Heritage Sites and the curtilage of listed buildings.
To enhance, where appropriate, heritage assets and their settings and to improve the quality of the wider built environment No significant effects identified No significant effects identified No significant effects identified.
Landscape and geodiversity
To avoid adverse impacts on protected landscapes, wild land, geodiversity and all landscapes No significant effects identified Extending PDR to allow development of on-street charging infrastructure has potential to create negative visual impacts. Negative impacts on landscapes will be minimised by PDR excluding areas within national scenic areas, historic gardens or designed landscapes, conservation areas, National Parks, World Heritage Sites, and the curtilage of a dwelling.
To enhance landscape quality No significant effects identified No significant effects identified No significant effects identified
Material assets
To avoid adversely impacting on material assets through the loss of resources such as soil or the generation of waste through the loss of resources such as soil or the generation of waste No significant effects identified No significant effects identified No significant effects identified
To enhance material assets No significant effects identified No significant effects identified No significant effects identified
Economy
To support and enhance opportunities for sustainable economic growth No significant effects identified The proposed changes to PDR are likely to result in minor positive effects regarding supporting and enhancing opportunities for sustainable economic growth as they help to support a transition to a low carbon economy by facilitating a take up of electric vehicles, as well as facilitating an increase in electric vehicle purchases.
To support rural development No significant effects identified No significant effects identified No significant effects identified
To support smarter resourcing of the planning system No significant effects identified No significant effects identified No significant effects identified
Social, population and human health
To avoid adverse effects on health and quality of life and reduce risks to health and quality of life and reduce risks to health and quality of life No significant effects identified The proposed PDR are likely to result in minor positive effects on the avoidance of adverse effect on health and quality of life, where proposals lead to an increase uptake of electric vehicles with an associated reduction in noise and air pollution associated with fossil-fuel vehicles. This could be of particular relevance where air quality issues currently exist such as AQMAs and to those most vulnerable to the impacts of atmospheric pollution. Insensitively sited on-street EV charging infrastructure could create an obstruction, which could disproportionately affect people with mobility impairments and people with visual impairments. Other regimes would, however, continue to apply.
To improve the health and living environment of people and communities including support for access, recreation and physical activity including support for access, recreation and physical activity No significant effects identified The proposed PDR are likely to result in minor positive effects on the health and living environment of people and communities, where proposals lead to an increase uptake of electric vehicles with an associated reduction in noise and air pollution associated with fossil-fuel vehicles. This could be of particular relevance where air quality issues currently exist such as AQMAs and to those most vulnerable to the impacts of atmospheric pollution.
To support community cohesion and vitality No significant effects identified No significant effects identified No significant effects identified
To support access to education and training No significant effects identified No significant effects identified No significant effects identified

PDR for moveable outdoor furniture on public road adjacent to food and drink premises

Outdoor furniture on public road adjacent to food and drink premises No Change in PDR PDR for moveable furniture on public road adjacent to food and drink premises leading to increased volume of furniture
Biodiversity, flora and fauna
To avoid adverse effects on all habitats and species No significant effects identified No significant effects identified
To enhance biodiversity No significant effects identified No significant effects identified
Climatic factors
To avoid increasing greenhouse gas emissions No significant effects identified No significant effects identified
To support actions which contribute to targets for reducing greenhouse gas emissions No significant effects identified No significant effects identified
To support climate change adaptation No significant effects identified No significant effects identified
Air
To avoid significant adverse effects on air quality, particularly where air quality is a known issue through the designation of AQMA No significant effects identified No significant effects identified
To improve air quality No significant effects identified No significant effects identified
Water
To improve the water environment and to avoid adverse effects on the quality and quantity of watercourses and waterbodies No significant effects identified No significant effects identified
To avoid and reduce flood risk No significant effects identified No significant effects identified
Soil
To protect and avoid adverse effects on valuable soil resources, including carbon soils and best & most versatile agricultural land No significant effects identified No significant effects identified
To reduce vacant and derelict land/buildings and contaminated land and contaminated land No significant effects identified No significant effects identified
Cultural heritage
To avoid adverse effects on designated and undesignated heritage assets and their settings No significant effects identified Potential negative effects if furniture is insensitively placed and impacts on the setting of historic assets.
To enhance, where appropriate, heritage assets and their settings and to improve the quality of the wider built environment No significant effects identified No significant effects identified
Landscape and geodiversity
To avoid adverse impacts on protected landscapes, wild land, geodiversity and all landscapes No significant effects identified Potential for positive effects where furniture improves townscapes, and increases sense of place
To enhance landscape quality No significant effects identified Potential for positive effects where furniture improves townscapes, and increases sense of place
Material assets
To avoid adversely impacting on material assets through the loss of resources such as soil or the generation of waste through the loss of resources such as soil or the generation of waste No significant effects identified Positive effect as result of investment in premises
To enhance material assets No significant effects identified Positive effect as result of investment in premises
Economy
To support and enhance opportunities for sustainable economic growth No significant effects identified Potential positive impact through knock-on effects for footfall and viability of centres, including additional trade for businesses.
To support rural development No significant effects identified No significant effects identified
To support smarter resourcing of the planning system No significant effects identified No significant effects identified
Social, population and human health
To avoid adverse effects on health and quality of life and reduce risks to health and quality of life and reduce risks to health and quality of life No significant effects identified Minor negative effects could result from increases in noise pollution, late night disturbance and anti-social behaviour. This can be avoided through consideration of hours of operation. Insensitively sited furniture could create an obstruction, which could disproportionately affect people with mobility impairments and people with visual impairments. However, other regimes would continue to apply.
To improve the health and living environment of people and communities including support for access, recreation and physical activity including support for access, recreation and physical activity No significant effects identified Potential for positive effects where furniture contributes to the vibrancy of centres.
To support community cohesion and vitality No significant effects identified No significant effects identified
To support access to education and training No significant effects identified No significant effects identified

Contact

Email: Planning.PDR2@gov.scot

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