Permitted development rights to support provision of new homes
What are permitted development rights?
PDR are a form of planning permission granted through legislation, meaning that specified types of development can be carried out without the need for a planning application to be submitted and approved. PDR are contained in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ("the GPDO"). They can provide greater certainty to prospective developers and save time and expense associated with applying for planning permission.
PDR are organised into a series of “classes" set out in Schedule 1 to the GPDO. Each class specifies the type (or types) of development for which planning permission is granted. Throughout this consultation, references to a “class” or “classes” should be read as referring to those classes unless otherwise stated.
Most classes of PDR are subject to conditions and limitations. These may, for example: specify the maximum size or scale of what is permitted, restrict or dis-apply the rights in certain locations (e.g. conservation areas and National Scenic Areas), or provide that the PDR only apply to certain developers (e.g. local authorities or statutory undertakers).
In most cases, PDR allow development to be carried out without reference to the planning authority, as long as the relevant PDR conditions are complied with. However, a small number of PDR are subject to a mechanism known as “prior notification/prior approval”. Under this mechanism, a developer must notify the planning authority, provide some details of the proposed development and pay the relevant fee. The authority then has an opportunity to indicate whether specific aspects of the development are acceptable. The planning authority’s determination is limited to the particular matters specified in the relevant PDR class – for example, siting, design or appearance. In this sense, the process is lighter touch than a ‘standard’ planning application because a narrower range of considerations can be taken into account.
PDR do not generally cover the development of new homes. The two current exceptions to this are:
- PDR for the conversion of agricultural and forestry buildings to up to 5 residential units which may not exceed 150 sqm (subject to prior notification/prior approval and various other restrictions).
- PDR allowing local authorities to build dwellings which conform to a local development plan.
If a development is not within the scope of PDR (i.e. is not ‘permitted development’), it does not necessarily mean the development would be unacceptable in planning terms. Instead, planning permission for such development would need to be sought and obtained through a planning application before it could be carried out.
Further relevant background to permitted development rights
It is important to note that PDR do not override, or in any way affect, the requirements of other legislation and regimes such as building standards. Separate consent (such as a building warrant and listed building consent, for example) may need to be obtained even if an application for planning permission is not required. In addition:
- PDR do not apply where an environmental impact assessment (“EIA”) would be required under The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.
- An appropriate assessment and additional approval from the planning authority would usually be required for development likely to have significant effects on a European site such as a Special Area of Conservation or a Special Protection Area.
Article 4 of the GPDO contains provisions which allow planning authorities and the Scottish Ministers to make directions (commonly known as “Article 4 directions”) removing PDR for particular types of development or classes of development in specified locations. For example, Article 4 directions are sometimes used to remove certain PDR in conservation areas. Article 4 directions prepared by planning authorities are subject to approval by the Scottish Ministers.
Developer contributions cannot generally be sought where development is permitted under PDR. The creation of new homes may result in increased pressure on local services. If such services need to be upgraded as a result, the cost of doing so would be borne by the taxpayer.