The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 - Consultation Paper
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PLANNING
The Town and
Country Planning
(General Permitted
Development)
(Scotland) Amendment
Order 2011
Householder Permitted
Development Rights
Consultation Paper
September 2010TOWN AND COUNTRY PLANNING (GENERAL PERMITTED
DEVELOPMENT)(SCOTLAND) AMENDMENT ORDER 2011
HOUSEHOLDER PERMITTED DEVELOPMENT RIGHTS CONSULTATION
PAPER
CONTENTS Paragraph
PART 1
Glossary
Introduction .........................................................................................................1-3
Background...................................................................................................... 4–11
Next Steps ........................................................................................................... 12
PART 2 – General Issues
Summary of the Main Changes Proposed ........................................................... 13
Creating More Classes....................................................................................14-21
Principal Elevation Concept ............................................................................22-26
1 metre “bubble”..............................................................................................27-29
New Site Coverage Criteria.............................................................................30-32
Height and External Dimensions.....................................................................33-36
Conservation Areas ........................................................................................37-39
PART 3 – Classes of Household Permitted Development Rights
Introduction .................................................................................................40-41
Class 1 – Single storey extensions ..........................................................42-47
Class 2 – All other extensions .................................................................48-51
Class 3 – Other alterations and improvements........................................52-57
Class 4 – Enlargement by way of roof alterations....................................58-61
Class 5 – Other roof alterations .................................................................... 62
Class 6 – Outbuildings within curtilage ....................................................63-68
Class 6A – Any other development within curtilage ...................................69-72
Class 6B – Provision of hard surface .........................................................73-76
Class 6C – Decking....................................................................................77-80
Class 6CA – Porch ............................................................................................ 81
Class 6CB – Walls and fences .......................................................................... 82
Class 6CC – Alteration to external appearance of a flat ...............................83-84
PART 4 – Additional Questions
Consequential Amendments ................................................................................ 86
Guidance.............................................................................................................. 87
Transitional Arrangements ..............................................................................88-89
Business and Regulatory Impact Assessment ..................................................... 90
Equality Impact Assessment ................................................................................ 91
ANNEX A – List of Questions
ANNEX B – Draft Town and Country Planning (General Permitted
Development)(Scotland) Amendment Order 2011
ANNEX C – Draft Circular
ANNEX D – Partial Business and Regulatory Impact Assessment
ANNEX E – Partial Equality Impact Assessment
ANNEX F – How to Respond to this ConsultationPART 1
Glossary
“the 1992 Order” the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992, as amended.
“Article 4 direction” a direction, usually made by a planning authority and
approved by Scottish Ministers, where in a particular
area, particular permitted developments rights are not
applicable.
“Classes” a grouping of a development type where permitted
development rights apply
“Curtilage” land which is used for the comfortable enjoyment of a
house and which serves the purpose of that house in
some necessary or reasonably useful way. It need not
be marked off or enclosed in any way.
“Enlargement” any development that increases the internal volume of
the original dwellinghouse and includes a canopy or
roof, with or without walls, which is attached to the
dwellinghouse, but does not include a balcony.
“Fronts” faces onto a road and this applies to both the principal
and side elevations.
“General Permitted an statutory instrument granting permitted development
Development Order” rights.
(“GPDO”)
“Permitted Development” planning permission granted for certain classes of
(“PD”) development by General Permitted Development Orders
Also known as Permitted Development Rights (“PDR”).
“Principal elevation” means the elevation of the original dwellinghouse which
by virtue of its design or setting is the principal elevation.
“Road” any way over which there is a public right of passage,
including its verge. A public right of access includes
access by foot or cycle.
“The 1997 Act” the Town and Country Planning (Scotland) Act 1997 (as
amended) by the Planning etc (Scotland) Act 2006.
1Introduction
1. The purpose of this paper is to invite comments on the Scottish Government’s
proposals to change the rules that determine what type of householder
development needs planning permission.
2. The changes apply to development relating to dwellinghouses, currently set out
in the 1992 Order under Classes 1 - 6A-F. However, a new Class is proposed
for certain development relating to flats and there are other consequential
changes to some of the other Classes and definitions in the 1992 Order.
3. The principal aim of the proposed changes is to simplify the rules so that they
are easier to understand and apply. It is also the intention that more minor and
uncontroversial developments will not require a formal application for planning
permission.
Background
4. The 1997 Act (and previous Planning Acts) contain powers for the Scottish
Ministers to make a GPDO, which grants planning permission for certain
Classes of development. The granting of planning permission in this way (often
referred to as permitted development rights (PDR)) removes the need to apply
for planning permission provided that the development complies with certain
restrictions and conditions set out in the GPDO and that there is no Article 4
direction removing PDR in a specified area.
5. The Scottish Government considers that there are three main issues to be
addressed with the 1992 Order:
• The current rules are too restrictive and many minor and uncontroversial
proposals end up needing planning permission.
• Since 1992, the Order has been amended more than 25 times so it can be
difficult for users to be sure of what rules are in current operation;
• Partly as a consequence of the above, the rules can be complex to
understand and difficult to apply.
6. Considering minor and uncontroversial types of development is not an effective
or efficient way of regulating development. Requiring planning applications,
where the planning system can add no value imposes unnecessary costs and
delay to development; leads to regulations being ignored and increases costs
for planning authorities.
7. Classes 1 to 6 of the 1992 Order apply to the approximately 1.5 million houses
in Scotland. As each house has a unique physical setting and a household
with differing and changing needs, and capacities to meet these needs, it has
proven difficult to achieve consensus over the changes to the household
permitted development. However, the rules developed in this consultation aim
to strike the balance between simplicity, amenity and efficiency.
8. Research in 2006 1 and the responses to a consultation in 20092 were used to
develop a further draft Order that was tested with a number of planning
1
Review of the General Permitted Development Order 1992: Householder Report
(www.scotland.gov.uk/Publications/2006/10/09103423/0)
2
Analysis of Consultation Responses to the Householder Permitted Development Rights Consultation
(http://www.scotland.gov.uk/Publications/2006/10/09103423/0)
2authorities in early 2010. The results of these pilots have been further refined
with the assistance of the Heads of Planning Scotland. The consultative draft
has also considered the 2008 English Householder Permitted Development
rules3 that were implemented in October 2008 as well as the proposed
approach consulted on by the Northern Ireland Planning Service4.
9. The Scottish Government’s assessment from this research and stakeholder
engagement is that:
• Approximately 50% of the 40,000 or so planning applications made each
year in Scotland relate to householder development;
• The largest category of householder development relates to extensions
and a majority of these are single storey rear extensions;
• 97% of householder applications are approved and a majority are not
altered during the processing of an application;
• The rules should be changed to remove single storey rear extensions from
the requirement to get planning permission wherever possible and to allow
householders greater freedom to make minor alterations without the need
for planning permission; and
• a 20-25% (ie circa 4,000 applications per annum) reduction in householder
planning applications is realistic without unacceptable risks to public
amenity.
10. This paper is divided into two further parts, Part 2 summarises the main
proposed changes and highlights general issues of the new approach. Part 3
explains each of the new Classes in turn. There are questions throughout and
these are listed at Annex A. Annex B includes a draft version of the proposed
amendments to the 1992 Order. Annex C includes a draft circular that would
provide guidance on the proposed amendments. Respondents are advised to
read the consultation paper, Annex B and Annex C before answering the
questions. A partial Business and Regulatory Impact Assessment and a draft
Equality Impact Assessment are in Annex D and E.
11. We are inviting written responses to this consultation paper by
14 January 2011. Details of how to respond can be found in Annex F.
Next Steps
12. The results of this consultation will be used to refine the statutory instrument,
Equality Impact Assessment and the Partial Business and Regulatory Impact
Assessment. As part of this process we will work with the renewable industry to
ensure that the order effectively incorporates the micro-generation amendments
introduced in 20095 as well as those consulted upon earlier this year6.
3
The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England)
Order 2008 (http://www.opsi.gov.uk/si/si2008/uksi_20082362_en_1)
4
Householder Permitted Development Rights Consultation Paper (DOE NI Oct 2009)
(http://www.planningni.gov.uk/index/news/news_consultation/news_consultations_pdrights_househo
lder_211009-3.htm).
5
The Town and Country Planning (General Permitted Development) (Domestic Microgeneration)
(Scotland) Amendment Order 2009
6
Permitted Development Rights For Domestic Micro-Wind Turbines And Air Source Heat Pumps
Consultationhttp://www.scotland.gov.uk/Publications/2010/01/14153239/0
3PART 2 – GENERAL ISSUES
Summary of the Main Changes Proposed
13. We propose to simplify and potentially remove approximately 20-25% of
householder planning applications by making the following key changes:
• Creating 3 New Classes. This will mean it is easier to apply development
proposals to the appropriate Class and for the limitations in each Class to
be more relevant. In particular, creating a Class for a single storey
extension should mean many “rear” single storey extensions would
become permitted development;
• Expanded the use principal elevation to distinguish what is usually the
front and rear of a house, in order to relax restrictions on development in
rear gardens;
• Allow alterations and improvements to houses or flats (other than
extensions) if within a 1 metre “bubble” around the walls or roof of a
house or flat. This removes the current complex provisions for satellite
dishes and some domestic microgeneration equipment and clarifies the
position on roof lights;
• Introducing a new site coverage criterion to replace the current
floorspace limits and 30% ground coverage criterion with a limitation
meaning that there must be at least the same area of garden remaining
undeveloped as developed. This would, in most cases, allow a visual
assessment rather than having to calculate precise areas;
• New definition for calculating the height of a building and external
dimensions. This should allow greater protection for neighbours on
sloping ground and using external dimensions is more practical and
straightforward to assess; and
• Maintain strict controls for development within conservation areas and
within the curtilage of listed buildings.
Creating More Classes
14. The current Class 1 of the 1992 Order (the enlargement, improvement or other
alteration of a dwellinghouse) is proposed to be divided into 3 separate Classes
(single storey ground floor extensions; all other extensions; and any other
improvement or alteration not involving an enlargement). The reason for doing
this is to make it easier to identify the appropriate Class of permitted
development and to apply more relevant limitations to each Class. For
example, the proposed Order separates two storey extensions from single
storey extensions, and hence the proposed limitations are not the same as for
single storey extensions.
15. In a similar manner, the current Class 2 of the 1992 Order (any alteration to the
roof of a dwellinghouse including the enlargement of a dwellinghouse by way of
an addition or alteration to its roof) is proposed to be divided into 2 separate
Classes covering an enlargement by way of a roof alteration (e.g. a dormer)
and any other improvement or alteration to the roof that is not an enlargement.
16. The current Class 3 (the provision within the curtilage of a dwellinghouse of any
building or enclosure, swimming or other pool required for a purpose incidental
4to the enjoyment of the dwellinghouse, or the maintenance, improvement or
other alteration of such a building or enclosure) would also be divided into 2
separate Classes to cover an outbuilding and any other development not
amounting to a building.
17. The result of this increased differentiation of Classes is that the current Class 6
(the installation, alteration or replacement of a microwave antenna on a
dwellinghouse or within the curtilage of a dwellinghouse) and Classes 6A to 6F
(installation of domestic microgeneration equipment) are no longer required, as
this type of development would fall within the proposed Classes 3, 5 or 6A.
18. The current Class 4 (the provision within the curtilage of a dwellinghouse of a
hard surface for any purpose incidental to the enjoyment of the dwellinghouse)
becomes new Class 6B (subject to a new standard condition) and new Classes
are introduced for decking, porches and improvements and alterations to flats.
19. The current Class 7 (the erection, construction, maintenance, improvement or
alteration of a gate, fence, wall or other means of enclosure) becomes Class
6CB, with the limitations reflecting the approaches used in the other new
Classes.
20. The proposed changes to the classes are summarised in the table below.
Current Class
of the 1992 Proposed Changes Proposed Classes
Order
Class 1 Divide into 3 separate Classes to Class 1 - single storey ground
(enlargement, make it easier to identify the floor extensions.
improvement or appropriate Class of permitted
other alteration development and to apply more Class 2 - all other extensions.
of a relevant limitations to each Class.
dwellinghouse) Class 3 - and any other
For example, the proposed Order improvement or alteration not
separates two storey extensions from involving an enlargement.
single storey extensions, and hence
the proposed limitations that are not
the same as for a single storey
extension.
Class 2 Divide into 2 separate Classes Class 4 - covering an
(alteration to the enlargement by way of a roof
roof of a alteration (e.g. a dormer).
dwellinghouse,
including Class 5 - any other
enlargement of improvement or alteration to the
the roof that is not an enlargement.
dwellinghouse)
Class 3 Divide into 2 separate Classes Class 6 - any outbuilding.
(provision of any
building or Class 6A - any other building,
enclosure or engineering, installation or other
pool within a operation
curtilage)
Class 4 Becomes new Class 6B Class 6B.
(hard surfaces) (Subject to a new standard condition)
Class 6 Classes for Satellite Dishes and some Would fall within the proposed
(satellite dishes) domestic microgeneration equipment Classes 3, 5 or 6A.
are no longer required, as this type of
Classes 6A to development would fall within the
56F (domestic proposed Classes 3, 5 or 6A.
microgeneration)
Class 7 Becomes new Class 6CB Class 6CB
(gates, walls,
fences etc)
21. There would also have to be some relatively minor consequential changes to
the remainder of the other Classes in the 1992 Order where there is an inter-
relationship with householder developments.
Consultation Questions
Q1. Do you agree that the new structure of the householder
development Classes makes the rules easier to apply?
Q2. Are the new Classes sensible and workable?
Q3. Do you agree that the new structure and rules would reduce the
number of applications and queries?
Concept of Principal Elevation
22. The new Classes 1, 6, 6A, 6C and 6CB propose a different approach to
defining the front and rear of a dwellinghouse. This is so that fewer restrictions
apply to development in the rear of a house.
23. The Principal Elevation Concept is set out in more detail in the proposed
Circular, in Annex C. The assumption is that every house has one elevation
designed as its main or principal elevation. This will normally be the front of the
house. Having identified the principal elevation the side and rear elevations
can therefore be identified.
24. Concerns were expressed about using this approach in the previous
consultation and subsequent stakeholder engagement. It has been argued that
disputes will arise as to what is or is not the principal elevation, that a new
subjective assessment is being introduced and that a site visit may be
necessary to answer a simple enquiry. A small working group tested
alternative approaches, which included revising the definition of a road.
25. A similar approach has been used in England since 2008 and is currently being
examined as a solution in Northern Ireland. Our testing has demonstrated that
in the vast majority of cases the front and back of a house are commonly
understood. We recognise that there are occasions where the principal
elevation concept introduces complexities, in particular in isolated houses in the
country and houses which have a designed rear elevation which may front a
road. Our testing has also shown that using the concept of the principal
elevation is a more suitable method of defining public realm when compared to
using references to a road in isolating and hence removing uncontroversial
developments to the rear of properties.
26. The 1992 Order also generates the need for a site visit, because such a large
proportion of householder developments require the submission of a formal
planning application. The Scottish Government considers, on balance, that the
6benefits in reducing the number of unnecessary planning applications far
outweigh the disadvantages.
Consultation Question
Q4. Do you agree with the proposed approach to identifying and
defining the front and back using the principal elevation concept?
If not, can you suggest a suitable alternative?
1 metre “bubble” around the walls and roof of a house for alterations and
improvements (other than extensions)
27. A key change resulting from the proposed new structure is isolating
enlargements (i.e. extensions, dormer windows etc) from all other alterations
and improvements. It is proposed to allow all other alterations and
improvements, as permitted development subject to a 1 metre restriction. This
can best be visualised as allowing a 1 metre “bubble” surrounding the walls and
roof of a house, within which a householder will not require planning
permission.
28. This approach removes the need for development specific Classes such as the
current Class 6 and Classes 6A to 6F, with their complex rules. Our discussion
have identified that they are frequently ignored or misunderstood and rarely
enforced.
29. The proposed approach provides individual householders, other than those in
conservation areas or with listed buildings, considerable scope to alter the
appearance of their house. The 1992 Order allows considerable scope for
development but most householders do not take advantage of the full scope.
The Scottish Government therefore considers that the vast majority of
householders will continue to exercise their rights responsibly.
Consultation Question
Q5. Do you agree with the proposed 1 metre “bubble” provision for all
other alterations and improvements to dwellinghouses that are not
extensions?
New site coverage criterion
30. Another key change is replacing the current limitation on floorspace and 30%
ground coverage with a new single site coverage limitation. Annex C provides
greater detail in the application of this approach. In summary, for an extension
or outbuilding to be PD, the footprint of the resulting development (including
any previous development) cannot be bigger than the area of undeveloped
garden.
31. This approach has been chosen since in most instances a visual check will be
sufficient to determine whether the limitation has been complied with.
7Therefore, measurements of floorspace or site area will not usually be
necessary.
32. It does mean that the absolute maximum site coverage of a rear or front garden
is 50%. This could represent a significant increase on the current 24 square
metres allowed in the 1992 Order. However, most applications do not seek to
cover such a large area and it is anticipated this limit will rarely be reached. If
on the occasions a householder can address the cost, design issues and
comply with the other limitations, the risk of a single storey building covering up
to 50% of the curtilage causing harm to public or private amenity is considered
an acceptable one.
Consultation Question
Q6. Do you agree with the proposed new site coverage criterion? Do
you consider it will be clear to householders?
Height and external dimensions
33. The 1992 Order defines the height of a building to be measured from ground
level. Where the ground level is uneven (e.g. on a sloping site) it should be
measured from the highest point. This has resulted in some unfortunate
impacts on sloping ground where a considerable amount of underbuilding can
be permitted development.
34. As the proposed Order relaxes other controls, it is considered necessary to
change the way in which height is measured to limit the scale of certain
developments. The amendment changes the height measurement from the
highest point to the lowest point.
35. In addition, since plans submitted for planning applications tend to be scale
1:50 or 1:100 or smaller, it is considered, for practical purposes, that all
measurements should relate to external dimensions.
36. These changes would only apply to householder permitted development until
consultation has been undertaken relating to non-householder permitted
development.
Consultation Question
Q7. Do you agree with the proposed changes to the measurement of
height and the use of external dimensions?
Conservation Areas
37. It is proposed that the only specific areas where restrictions on permitted
development will apply should be conservation areas and within the curtilage of
list buildings. As there is a statutory duty to preserve or enhance the character
or appearance of a conservation area, and listed buildings, it is considered that
controls are justified in the public interest to prevent the cumulative impact of a
number of small scale changes to the external appearance of houses.
838. Currently, unless an Article 4 direction is in place, some types of alteration or
improvement to a dwellinghouse in a conservation area would be permitted
development. This could include external cladding, window alterations etc. It is
our understanding, that it is common for Article 4 directions to apply to
conservation areas and so it is not anticipated that increasing the restrictions in
conservation areas in the proposed Order would generate an unacceptable
number of planning applications.
39. We propose that existing Article 4 directions should cease to have effect,
subject to transitional arrangements. The need to make new directions should
lead to a review of existing Article 4 directions, many of which were made
sometime ago.
Consultation Questions
Q8. Do you agree that the removal of permitted development rights
should only apply to conservation areas and the curtilage of listed
buildings?
Q9. Is it resource efficient to review and replace existing householder
Article 4 directions? If not, why not? If Article 4 directions do
cease to have effect what process should there be for the
application for and issuing of new directions?
9PART 3 – CLASSES OF HOUSEHOLDER PERMITTED DEVELOPMENT RIGHTS
Introduction
40. The Classes are intended to relate to common forms of householder
development. Where a proposal would involve a combination of Classes, then
the development would have to comply with the limitations and restrictions of all
the Classes to be permitted development.
41. In addition to the restrictions applying to the individual classes of PDR, Article 3
of the 1992 Order describes development for which permitted development
rights cannot be granted. The Scottish Government is not proposing to make
any changes to these general restrictions.
Consultation Questions
Q10. For each Class of householder permitted development in the draft
Order:
a) Is the granting of permission, and the restrictions and
conditions, clear and reasonable?
b) Will the controls strike the right balance between removing
unnecessary planning applications and protecting amenity?
c) Are there any changes to the controls that would strike a better
balance?
Class 1 – Any enlargement of a dwellinghouse by way of a single storey
ground floor extension, including any alteration to the roof required for the
purpose of the enlargement
42. Single storey extensions are the most common form of householder
development and yet are most commonly the type that raise the fewest issues
and thus least controversial. The intention is therefore to make as many as
possible single storey rear extensions permitted development. To this end, the
purpose of sub-paragraph 2(a) is to identify rear extensions by way of reference
to the principal elevation. The application of the principal elevation concept is
discussed in paragraphs 22-26, and how it is applied is discussed in more
detail in Annex C.
43. The purpose of sub-paragraph 2(b) is to control the extent of the projection
from a rear wall if the extension is within 1 metre of the boundary of the
curtilage. In the vast majority of cases, the curtilage of a house will coincide
with the property boundary.
44. If any part of a single storey extension falls within 1 metre from the boundary, it
may only project from the rear wall by 4 metres if a detached house or 3 metres
if a terrace or semi detached house. Rear elevation is defined as opposite the
principal elevation.
45. Sub-paragraph 2(c) limits the height of the extension. These heights
correspond to the typical limits of a single storey building and are the same as
set out in the 1992 Order. Dual pitched is used to make it clear that the 4 metre
height would not apply to a mono pitched roof.
1046. Sub-paragraph 2(d) relates to site coverage. This approach is discussed in
paragraphs 30 – 32 and how it is applied in more detail in Annex C.
47. Sub-paragraph 2(e) restricts the floorspace of an extension to 16 square
metres in a conservation area. This is the same limit as in the 1992 Order.
Class 2 – Any enlargement of a dwellinghouse, other than a single storey
ground floor extension, including any alteration to the roof required for the
purpose of the enlargement
48. This Class is for any extension that is not a single storey extension. Most
typically, this would be either a 1½ storey extension or a 2 storey extension,
and it is more common for this type of extension to raise legitimate planning
issues. Sub-paragraph 2(a) requires that no part of the extension be closer
than 10 metres from the boundary of the curtilage.
49. Curtilage has been discussed in Part 43. A 1½ storey or 2 storey extension
runs the most risks in terms of overshadowing, physical impact and
overlooking. It was considered that a distance of 10 metres would be the
minimum distance sufficient to be sure that such impacts would be acceptable.
It is recognised that the majority of houses would be unable to meet this criteria
and therefore, as now, most 1½ or 2 storey extensions will require planning
permission. This is consistent with the likely need to ensure adequate control
over the impacts caused by this type of proposal.
50. Sub-paragraph 2(b) limits the height of the extension to not exceed the height
of the roof, normally this would be measured at the ridge of the roof. Sub-
paragraph 2(c) requires permission if the house is in a conservation area.
51. Sub-paragraph 2(d) is necessary to make sure proposals that enlarge the
house by way of a roof alteration are considered under Class 4.
Class 3 – Any improvement or other alteration to the external appearance of a
dwellinghouse that is not an enlargement
52. The definition of enlargement is key to understanding how Class 3 relates to
extensions in Class 1 and Class 2. Enlargement is defined as any
development that increases the internal volume of the original dwellinghouse
and includes a canopy or roof, with or without walls, which is attached to the
dwellinghouse, but does not include a balcony. Therefore, a car port is an
enlargement.
53. Class 3 developments would include replacement windows and doors,
cladding, painting, new flue, satellite dish, etc. Sub-paragraph 2(a) limits the
protrusion to 1 metre from the wall and relates to the 1 metre “bubble”
explained in paragraphs 27 – 29.
54. As a balcony is not an enlargement it would be permitted development under
this class so in order to prevent overlooking and loss of privacy it is excluded by
sub-paragraph (2)(b).
55. Sub-paragraph 2(c) means that Class 3 does not apply within a conservation
area or if within the curtilage of a listed building. As discussed in paragraphs
37 - 39 this is an increase in restrictions compared to the current 1992 Order.
1156. Sub-paragraph 2(d) means that installation of flues for biomass heating
systems or for combined heat and power systems fuelled by biomass sources
within Air Quality Management Areas will require planning permission.
57. Sub-paragraph 2(e) is necessary to ensure any alteration to the roof is
considered under Class 5.
Class 4 – Any enlargement of a dwellinghouse by way of an addition or
alteration to its roof
58. This Class typically relates to a dormer extension to a roof. The 1992 Order
limits all but the smallest of changes to a roof. This is considered unduly
restrictive.
59. It is accepted that a badly designed dormer can detrimentally affect the visual
appearance of a dwellinghouse. The larger the dormer, the more challenging it
is to produce a good design. Also, a dormer may result in it being possible to
see into neighbouring garden areas. However, a degree of mutual overlooking
is commonplace in residential areas and it should not be the purpose of the
planning system to protect perceived individual property rights. Therefore,
Class 4 allows side and rear facing dormers, subject to size limitations. This is
considered to strike the best balance between providing a reasonable
relaxation of controls, whilst at the same time placing a limit on the size of a
dormer, controlling where most likely to be in the public view and requiring
controls, as now, if in a conservation area.
60. For the above reasons sub-paragraph 2(a) controls a roof enlargement if it is on
a roof plane fronting a road. This would typically be the front of the house, but
could be a side or rear facing roof plane if a road, bounding the curtilage,
happened to be on the side or rear.
61. Sub-paragraphs 2(b) and (c) limit the scale of any dormer. For it to be
permitted development, it must not exceed half the width of the roof plane (the
width of the roof plane is measured from the eaves line) or be within 0.3 metres
of any edge of the roof plane: for example, the ridge of the roof or the edge of a
hipped roof.
Class 5 – Any improvement or other alteration to the external appearance of
the roof of a dwellinghouse that is not an enlargement
62. As with Class 3, the definition of enlargement is key to understanding the
relationship between Class 4 and Class 5. Class 5 is intending to cover
alterations to the roof such as the addition of a satellite dish, solar panel, new
flue, new roofing materials etc. It adopts the same 1 metre “bubble” concept as
previously discussed in Part 2 and Class 3 above. The limitations are also the
same as Class 3.
12Class 6 – The provision within the curtilage of a dwellinghouse of a building
required for a purpose incidental to the enjoyment of a dwellinghouse or the
maintenance or improvement of such a building
63. Class 6 is intended to relate to buildings that were previously considered under
Class 3 of the 1992 Order. Sub-paragraph 2(a) ensures the building cannot be
used as a separate dwelling.
64. Sub-paragraph 2(b) uses the principal elevation concept to isolate the rear
garden. The principal elevation concept has been discussed in Part 2 and in
relation to Class 1 above. How the principal elevation is identified is also
explained in more detail in Annex C.
65. Sub-paragraph 2(c) limits the height of the building and is the same as the
existing 1992 Order and Class 1 above.
66. Sub-paragraph 2(d) adds an additional height limitation of 2.5 metres for any
building within 1 metre of the boundary of the curtilage.
67. Sub-paragraph 2(e) relates to the site coverage criteria that has been
discussed in Part 2 and Class 1 above. More explanation as to how this is
applied is also provided in Annex C.
68. Sub-paragraph 2(f) limits the footprint to 4 square metres for any building in a
conservation area or within the curtilage of a listed building, a similar limitation
applies in the current 1992 Order.
Class 6A – The carrying out of any building, engineering, installation or other
operation (other than a Class 6 development) within the curtilage of a
dwellinghouse, required for a purpose incidental to the enjoyment of that
dwellinghouse
69. Class 6A relates to forms of development other than a building. A building
operation is included in Class 6A, as it would include a wider range of
development than just the provision of an actual building. It is intended to apply
to garden works, including for example some microgeneration equipment,
tennis courts, flag poles and oil tanks etc.
70. Sub-paragraph (2)(a) allows development in the rear garden in the same
manner as classes 1 and 6. Sub-paragraph 2(b) limits the height of any
development to 3 metres, which is consistent with the heights used in Class 1
and Class 6.
71. Sub-paragraph 2(c) relates to the site coverage criteria that has also been used
for Class 1 and Class 6 and has been discussed above.
72. Sub-paragraph 2(d) would restrict Class 6A developments in a conservation
area or a curtilage of a listed building. Sub-paragraphs 2(e) to (h) are
necessary because the provision of a hard surface, decking, fences and the
creation of a new access are dealt with in other classes.
13Class 6B – The provision within the curtilage of a dwellinghouse of a hard
surface for any purpose incidental to the enjoyment of the dwellinghouse or
the replacement in whole or in part of such a surface
73. Class 6B is similar to Class 4 of the 1992 Order. However, there are two
important distinctions; it relates also to the replacement of hard surfaces and is
subject to a condition requiring porous materials to be used or provision for
surface water run off to be directed to a porous area on site.
74. This proposed change is similar to the provisions in the 2008 English Order7
and reflect current SEPA guidance for Sustainable Urban Drainage Systems
(SUDS)8. This has been introduced following a review of extreme flooding
events and concerns expressed by regulatory authorities and water companies
that the cumulative impact of small increases in hard surfacing is leading to
increased run off into road drains that ultimately flow into watercourses or
sewage treatment works. The intention of the condition is to encourage
householders to adopt the principles of source control.
75. The Scottish Government accepts that it will be difficult for planning authorities
to detect whether this condition has been complied with. However, this
measure will not be applied in isolation. In addition to this planning rule
change, the Scottish Government will be working to introduce a range of
measures including, public and industry education, awareness and training,
home insurance questions and publication of technical standards.
76. Sub-paragraph (3) provides that this is not permitted development in
conservation areas and in the curtilage of listed buildings, which reflects the
existing Class 4.
Class 6C – The erection, construction, maintenance, improvement or alteration
of any deck or other raised platform within the curtilage of a dwellinghouse for
any purpose incidental to the enjoyment of the dwellinghouse
77. The Government is introducing a new Class for decking because there are no
obvious Classes for considering decking in the current 1992 Order and
planning authorities adopt different interpretations.
78. Sub-paragraph 2(a) is intended to isolate the rear garden from the rest of the
curtilage. The application of the principal elevation has been discussed in part
2 and previous Classes. More detail on how it is applied is explained in Annex
C.
79. Sub-paragraph 2(b) limits the height of the platform of the decking to 0.5
metres. This is similar height as used in the 2008 English Order9. Sub-
paragraph 2(c) limits the total height, for example when screens are installed, to
3 metres to be consistent with Classes 1, 6 and 6A.
80. Sub-paragraph 2(d) limits the area of decking in conservation areas and within
the curtilage of listed buildings to 4 square metres. This reflects the same
limitation used in Class 6 and that used in the 1992 Order. Outwith
7
The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England)
Order 2008 (http://www.opsi.gov.uk/si/si2008/uksi_20082362_en_1)
8
http://www.sepa.org.uk/water/water_regulation/regimes/pollution_control/suds.aspx
9
The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England)
Order 2008 (http://www.opsi.gov.uk/si/si2008/uksi_20082362_en_1)
14conservation areas it was not considered necessary to have a site coverage
limitation as the main adverse impact from decking only occurs if it is raised
unduly relative to surrounding land. The height controls are therefore
considered to be adequate.
Class 6CA – The erection or construction of any porch outside any external
door of a dwellinghouse
81. This is a new Class. The limitations are similar as those in the 2008 English
Order10. A Class for porches has existed in English planning legislation for a
number of years. Sub-paragraph 2(d) would not allow porches to be permitted
development within conservation areas.
Class 6CB – The erection, construction, maintenance, improvement or
alteration of any gate, fence, wall or other means of enclosure any part of
which would be within or would bound the curtilage of a dwellinghouse
82. This Class is similar to Class 7 of the 1992 Order except that the principal
elevation concept is used to isolate the rear, instead of a distance from a road.
Class 6CC – Any improvement or other alteration to the external appearance of
a building containing one or more flats
83. This is a new Class and extends the principles established in Class 3 and 5 for
houses to flats. Sub-paragraph 2(b) would allow the replacement of a window
or door frame but not the enlargement of an existing opening. Sub-paragraph
2(c) means that installation of flues for biomass heating systems or part of heat
and power system fuelled by biomass sources within Air Quality Management
Areas will require planning permission. Sub-paragraph 2(d) means this Class
would not apply in conservation areas.
84. The erection, construction, maintenance, improvement of any gate, fence, wall
or other means of enclosure for flats is controlled by Class 7 of the 1992 Order
and therefore the height of fences, walls and gates are controlled by distance
from a road.
Consultation Question
Q11. Should we introduce a new Class for fences, gates, walls or other
means of enclosure for flats similar to Class 6CB?
10
As above.
15PART 4 – ADDITIONAL QUESTIONS
85. The issues covered by this consultation paper are by no means exhaustive
and we would encourage you to respond with your views on issues that you
feel we should be aware of that are not covered. We would also welcome
your views on:-
Consequential Amendments
86. Class 72 of the 1992 Order refers to the installation of CCTV cameras on any
building, including dwellinghouses and flats. The limitation in sub-paragraph
2(d) of Class 72 also applies the “1m bubble” so it has the same effect as new
Classes 3 and 5. However, the other restrictions for Class 72 aim to protect
the privacy of neighbours. There is therefore the option of either leaving
Class 72 as it stands or amending Class 72 so that it does apply to
dwellinghouses or flats, as it is more appropriately dealt with in the proposed
order.
Consultation Question
Q12. Should we amend Class 72 so that it does not apply to a
dwellinghouse or flat?
Guidance
87. Annex C is a draft circular that explains the changes of the proposed
amending Order in more detail.
Consultation Question
Q13. Are there any other issues you would like to see addressed in the
accompanying guidance?
Transitional arrangements
88. We are seeking views on how we should deal with development projects that
started under the existing PDR regime but not completed before the new
Order comes into force. In other words, what arrangements should be put in
place to deal with development projects which are subject of PDR when they
started but not under the new Order, as well as those developments currently
being taken forward through a planning applications.
89. As already discussed, existing Article 4 directions will have to be reassessed
because they may refer to development which was covered by the existing
1992 Order but which will not be covered by the amending Order, or vice
versa. We welcome views from planning authorities on best to deal with
existing Article 4 directions.
16Consultation Question
Q14. What transitional arrangements could be put in place to deal with
development projects which straddle the old and new regime?
Q15. What would be the most appropriate way of dealing with Article 4
directions made under the old rules?
Business and Regulatory Impact Assessment (Annex D)
90. Annex D contains a partial Business and Regulatory Impact Assessment that
explains impacts of the proposed changes.
Consultation Questions
Q16. Are there any costs or benefits not identified in the draft BRIA? If
so, do you have any evidence or can you suggest sources of
relevant information on these costs and/or benefits?
We would like to discuss the detailed impact of these changes
with a number of companies that may be affected by these
proposals. Please let us know if you wish to be contacted?
Equality Impact Assessment (Annex E)
91. Annex E contains a draft Equality Impact Assessment that explains impacts of
the proposed changes.
Consultation Question
Q17. Do you think that any of the proposals in this consultation
document will raise any specific issues for any of the equality
groups (including race, disability, age, sexual orientation, gender
or religion and belief)?
17ANNEX A - LIST OF QUESTIONS
Creating More Classes
Q1. Do you agree that the new structure of the householder development
Classes makes the rules easier to apply?
Q2. Are the new Classes sensible and workable?
Q3. Do you agree that the new structure and rules would reduce the number
of applications and queries?
Concept of Principal Elevation
Q4. Do you agree with the proposed approach to identifying and defining the
front and back using the principal elevation concept? If not, can you
suggest a suitable alternative?
1 metre “bubble” of the walls or roof of a house for alterations and
improvements (other than extensions)
Q5. Do you agree with the proposed 1 metre “bubble” provision for all other
alterations and improvements to dwellinghouses that are not extensions?
New Site Coverage Criteria
Q6. Do you agree with the proposed new site coverage criteria? Do you
consider it will be clear to householders?
Height and external dimensions
Q7. Do you agree with the proposed changes to the measurement of height
and the use of external dimension?
Conservation Areas
Q8. Do you agree that the removal of permitted development rights should
only apply to conservation areas and the curtilage of listed buildings?
Q9. Is it resource efficient to review and replace existing householder Article 4
directions? If not, why not? If Article 4 directions do cease to have
effect what process should there be for the application for and issuing of
new directions?
Classes of Householder Permitted Development Rights
Q10. For each Class of householder permitted development in the draft Order:
a) Is the granting of permission, and the restrictions and conditions, clear
and reasonable?
18b) Will the controls strike the right balance between removing
unnecessary planning applications and protecting private and public
amenity?
c) Are there any changes to the controls that would strike a better
balance?
Class 6CC – Flats
Q11. Should we introduce a new Class for fences, gates, walls or other means
of enclosure for flats similar to Class 6CB?
Any other Comments
Consequential Amendments
Q12. Should we amend Class 72 so that it does not apply to a dwellinghouse or
flat?
Guidance
Q13. Are there any other issues you would like to see addressed in the
accompanying guidance?
Transitional arrangements
Q13. What transitional arrangements could be put in place to deal with
development projects which straddle the old and new regime?
Q15. What would be the most appropriate way of dealing with Article 4
directions made under the old rules?
Business and Regulatory Impact Assessment (Annex D)
Q16. Are there any costs or benefits not identified in the draft BRIA? If so, do
you have any information or can you suggest sources of relevant
information on these costs and/or benefits?
We would like to discuss the detailed impact of these changes with a
number of companies that may be affected by these proposals. Please let
us know if you wish to be contacted?
Equality Impact Assessment (Annex E)
Q17. Do you think that any of the proposals in this consultation document will
raise any specific issues for any of the equality groups (including race,
disability, age, sexual orientation, gender or religion and belief)?
19ANNEX B – DRAFT The Town and Country Planning (General Permitted
Development) (Scotland) Amendment Order 2011
SCOTTISH STATUTORY INSTRUMENTS
2011 No.
TOWN AND COUNTRY PLANNING
The Town and Country Planning (General Permitted Development)
(Scotland) Amendment Order 2011
Made - - - - 2011
Laid before the Scottish Parliament 2011
Coming into force - -
The Scottish Ministers make the following Order, in exercise of the powers conferred by sections 30, 31
and 275 of the Town and Country Planning (Scotland) Act 1997(11) and all other powers enabling them to
do so.
Citationn and commencement
1. This Order may be cited as the Town and Country Planning (General Permitted Development)
(Scotland) Amendment Order 2011 and comes into force on [ ].
Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order
1992
2.—(1) The Town and Country Planning (General Permitted Development) (Scotland) Order 1992(12) is
amended in accordance with this article.
(2) In article 2(1) and (2) (interpretation), at the beginning insert “Except where a contrary intention
appears,”.
(3) For Part I (development within the curtilage of a dwellinghouse) of Schedule 1 substitute the
Schedule to this Order.
(4) Omit classes 6A, 6B, 6C and 6F of Schedule 1 (domestic microgeneration equipment).
(5) In class 7 (gates, fences, wall or other means of enclosure) of Schedule 1, at the end of sub-
paragraph 7(2)(d) insert—
“or
(e) it would be class 6CB development”.
(6) In class 8 (means of access to a road) of Schedule 1, for “Class 7” substitute “Class 6CB or 7”.
(7) In class 68 (microwave antenna) of Schedule 1, after paragraph (2)(a) insert—
“(ab) the building contains one or more flats;”.
(11) 1997 c.8.
(12) S.I. 1992/223; amended by
20Article 4 directions
3. [ ]
[Transitionals, savings etc]
4.—[ ]
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2011
21SCHEDULE Article 2
CLASSES OF PERMITTED DEVELOPMENT
“PART 1”
DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE
Class 1—
(1) Any enlargement of a dwellinghouse by way of a single storey ground floor extension, including
any alteration to the roof required for the purpose of the enlargement.
(2) Development is not permitted by this class if—
(a) any part of the development would be in front of the principal elevation or side elevation where
that elevation fronts a road;
(b) any part of the development would be within 1 metre of the boundary of the curtilage of the
dwellinghouse and it would extend beyond the line of the wall forming part of the rear elevation
that is nearest that boundary by more than—
(i) 4 metres in the case of a detached dwellinghouse, or
(ii) 3 metres in any other case;
(c) the height of the development would exceed—
(i) 4 metres in the case of a dual pitched roof; or
(ii) 3 metres in any other case;
(d) the developed area of each of the front and rear curtilages of the dwellinghouse would be larger
than the undeveloped area of each curtilage;
(e) it would be within a conservation area or within the curtilage of a listed building and the footprint
of the resulting building would exceed that of the original dwellinghouse by 16 square metres or
more.
Class 2—
(1) Any enlargement of a dwellinghouse, other than a single storey ground floor extension,
including any alteration to the roof required for the purpose of the enlargement.
(2) Development is not permitted by this class if—
(a) any part of the development would be within 10 metres of the boundary of the curtilage of the
dwellinghouse;
(b) the height of the resulting building would exceed the height of the highest part of the roof of the
existing dwellinghouse;
(c) it would be within a conservation area or within the curtilage of a listed building; or
(d) it would be development permitted by paragraph (1) of class 4.
Class 3—
(1) Any improvement or other alteration to the external appearance of a dwellinghouse that is not
an enlargement.
(2) Development is not permitted by this class if—
(a) it would protrude more than 1 metre from the outer surface of an external wall of the original
dwellinghouse;
(b) it would be a balcony;
(c) it would be within a conservation area or within the curtilage of a listed building;
22(d) it would be within an Air Quality Management Area and would be the installation, alteration or
replacement of a flue forming part of a biomass heating system or part of a combined heat and
power system fuelled by biomass sources; or
(e) it would be development permitted by paragraph (1) of class 5.
Class 4—
(1) Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.
(2) Development is not permitted by this class if—
(a) it would be on a roof plane that fronts a road that bounds the curtilage of the dwellinghouse;
(b) its width would exceed half the total width of the roof plane;
(c) any part of the development would be within 0.3 metres of any edge of the roof plane, other than
the eaves line; or
(d) the development would be within a conservation area or within the curtilage of a listed building.
(3) For the purpose of this class the width of the roof plane is to be measured at its eaves line.
Class 5—
(1) Any improvement or other alteration to the external appearance of the roof of a dwellinghouse
that is not an enlargement.
(2) Development is not permitted by this class if—
(a) it would protrude more than 1 metre from the roof plane or ridge of the roof;
(b) it would be a balcony;
(c) it would be within an Air Quality Management Area and would be the installation, alteration or
replacement of a flue forming part of a biomass heating system or part of a combined heat and
power system fuelled by biomass sources; or
(d) it would be within a conservation area or within the curtilage of a listed building.
Class 6—
(1) The provision within the curtilage of a dwellinghouse of a building required for a purpose
incidental to the enjoyment of a dwellinghouse or the maintenance or improvement of such a
building.
(2) Development is not permitted by this class if—
(a) it consists of a dwelling;
(b) any part of the development would be in front of the principal elevation or side elevation where
that elevation fronts a road;
(c) the height of the building would exceed—
(i) 4 metres in the case of a dual pitched roof; or
(ii) 3 metres in any other case;
(d) any part of the development within 1 metre of the boundary of the curtilage of the dwellinghouse
would exceed 2.5 metres in height;
(e) the developed area of each of the front and rear curtilages of the dwellinghouse would be larger
that the undeveloped area of each curtilage;
(f) in the case of land in a conservation area or land within the curtilage of a listed building, the
resulting building would have a footprint exceeding 4 square metres.
Class 6A—
(1) The carrying out of any building, engineering, installation or other operation (other than a
class 6 development) within the curtilage of a dwellinghouse, required for any purpose incidental to
the enjoyment of that dwellinghouse.
(2) Development is not permitted by this class if—
23(a) any part of the development would be in front of the principal elevation or side elevation where
that elevation fronts a road;
(b) any resulting structure would exceed 3 metres in height;
(c) the developed area of each of the front and rear curtilages of the dwellinghouse would be larger
that the undeveloped area of each curtilage;
(d) it would be within a conservation area or within the curtilage of a listed building;
(e) it would be development permitted by paragraph (1) of class 6D;
(f) it would be development permitted by paragraph (1) of class 6E;
(g) it would be development permitted by paragraph (1) of class 6B;
(h) it would be development permitted by paragraph (1) of class 6C;
(i) it would be development permitted by paragraph (1) of class 6CC; or
(j) it would be development permitted by paragraph (1) of class 8.
Class 6B—
(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose
incidental to the enjoyment of the dwellinghouse or the replacement in whole or in part of such a
surface.
(2) Development is permitted by this class subject to the condition that where the hard surface would be
located between the dwellinghouse and a road bounding the curtilage of the dwellinghouse—
(i) the hard surface must be made of porous materials; or
(ii) provision must be made to direct run off water from the hard surface to a permeable or
porous area or surface within the curtilage of the dwellinghouse.
(3) Development is not permitted by this class if it would be within a conservation area or within the
curtilage of a listed building.
Class 6C—
(1) The erection, construction, maintenance, improvement or alteration of any deck or other
raised platform within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment
of the dwellinghouse.
(2) Development is not permitted by this class if—
(a) any part of the development would be in front of the principal elevation or side elevation where
that elevation fronts a road;
(b) the floor level of any part of the deck or platform would exceed 0.5 metres in height;
(c) any part of the deck or platform would exceed 3 metres in height; or
(d) in the case of land within a conservation area or within the curtilage of a listed building the deck
or platform would have a footprint exceeding 4 square metres
Class 6CA—
(1) The erection or construction of any porch outside any external door of a dwellinghouse
(2) Development is not permitted by this class if—
(a) its footprint would exceed 3 square metres;
(b) any part of it would be within 2 metres of a boundary between the curtilage of the dwellinghouse
and a road;
(c) the height of the porch would exceed 3 metres; or
(d) it would be within a conservation area or within the curtilage of a listed building.
Class 6CB—
(1) The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or
other means of enclosure any part of which would be within or would bound the curtilage of a
dwellinghouse.
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