Permitted Development Rights review - phase 2: consultation analysis
Analysis of responses to a public consultation on phase 2 of our programme to review and extend Permitted Development Rights (PDR).
1. Article 4 of the GPDO contains provisions which allow planning authorities or Scottish Ministers to make directions (commonly known as Article 4 directions) removing PDR for particular types of development or classes of development in an area identified by the direction. This triggers the need for an application for planning permission for what would otherwise be permitted development.
2. The Town and Country Planning (General Permitted Development) (England) Order 2015
3. The limitations set out by the respondent no longer reflect the content of the relevant Class of this 2015 Order – which was amended by The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 (S.I. 2019/907).
4. In July 2020 the Scottish Government established The Town Centre Review Group, which was asked to develop ideas and recommendations on town centres can be made greener, healthier and more equitable. The Review Group published its report, A New Future for Scotland's Town Centres, in February 2021.
5. 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.
6. The consultation paper (para 3.10-3.17) explains that that the UCO is not a spatial tool; its provisions apply across Scotland and any changes would therefore apply in all locations, not just in centres.
7. It was noted that, in the context of flood risk, vulnerability classification is a reflection of how susceptible and resilient to flooding a development type is, and any wider community impacts caused by its damage or loss, including the risk to the groups of people who use or live in it.
8. It was also noted that some uses that planning authorities might otherwise seek to control, such as hot food takeaways and pay day lending, are sui generis.
9. As set out in the Scottish Government's Policy Memorandum for the Planning Act 2019.
10. As noted below under 'Reasons for caution', rather than an objection to a level playing field, this reflected a view that any PDR should be appropriate for Scottish purposes, rather than simply replicating English wording.
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