Ongoing Reform of Permitted Development Rights

‘Permitted developments rights’ (PDR) allow certain specified types of development to be carried out without applying for planning permission and can therefore simplify the development process.

The Scottish Government is currently carrying out a review of PDR as part of its wider planning reform programme. The review is being taken forward on a phased basis, with each phase focusing on new and extended PDR for specific types of development.

So, where are we now?

Recent changes

Phase 1 of the Scottish Government’s programme came into force on 1 April 2021.

The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Amendment Order 2020 provides new and extended permitted development rights in relation to:

1. Digital telecommunications infrastructure – including changes around the maximum size of telecom masts, in a bid to enhance digital connectivity;
2. Agricultural development – providing greater flexibility of use of agricultural buildings;
3. Peatland restoration – providing greater clarity around restoring Scotland’s peatlands;
4. Development related to active travel – including changes around household bicycle storage; and
5. Aquaculture – providing key change in relation to fish farming.

Phase 2 is now also firmly underway and earlier this month, the Scottish Government laid new legislation before the Scottish Parliament to change use classes and extend PDR in relation to:

1. Change of use in town centres – providing greater flexibility to change the use of certain buildings and offer outdoor eating and drinking;
2. Electrical vehicle charging points – making it easier to provide charging infrastructure, in light of anticipated growth of electrical vehicle ownership; and
3. Port development – bringing Scotland’s ports in line with England’s and paving the way for Scotland first Green Freeports;

Subject to parliamentary scrutiny, the phase 2 amendments are due to come into force on 31 March 2023.

There is further change to come, but when?

Phases 3 is due to be consulted on in Spring of this year.

The letter issued by the Chief Planner in October 2022 has confirmed it will focus on PDR for domestic and non-domestic renewable energy equipment, considering new and extended PDR in relation to (among others):

1. Energy efficient improvements (e.g. replacement windows);
2. reverse vending machines (for depositing empty bottles and cans); and
3. development by electricity undertakers.

It will be interesting to see the feedback that is received.

What does this mean for key sectors?  

All this means greater flexibility for businesses and developers looking to engage,  or already involved, with these new types of permitted development.

Will this contribute to boosting the economy and helping address the climate crisis? The Scottish Government certainly hopes so. Indeed, driving these reforms are key policies within NPF4, including those relating to reducing carbon emissions, and those that aim to improve town centres and support local living.

With more reform to come in the next few months, the Transforming Planning website will continue to be a useful tool for following progress.

If you would like to discuss any of the changes and how these may impact your business please get in touch.

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