Permitted development rights - phase 1 priority development types: consultation

1. Introduction

1.1 This document sets out the Scottish Government's draft proposals for changes and extensions to Permitted Development Rights (PDR) in Scotland for the priority development types selected for inclusion in Phase 1 of our programme. It follows on from the consultation on our Proposed Work Programme and Sustainability Appraisal of options that ran from November 2019 to February 2020^[1]. It is accompanied by a draft Strategic Environmental Assessment Post-Adoption Statement and an update to the earlier Sustainability Appraisal.

1.2 PDR, as set out in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (the GPDO), remove the need to apply for planning permission. These typically relate to minor, uncontroversial developments or changes associated with an existing development. PDR cover situations where it would be very unlikely for a planning permission application to be refused, where standardised conditions are likely to be used, and therefore, where consideration on the principle of the development by a planning authority on an individual basis is unlikely to add value to the process. On this basis, PDR can help remove the need for unnecessary applications for planning permission and therefore reduce the burden on both applicants and planning authorities. In addition, there is a range of other statutory mechanisms relevant to PDR. Section 3.5 of the 2019 Sustainability Appraisal contains further information.

1.3 We are seeking feedback on both the proposed Phase 1 changes to PDR and the further assessment that was undertaken as an update to the Sustainability Appraisal. Views are also sought on the partial and draft impact assessments that accompany the proposals for change. Section 10 and Annex G set out how to respond. Responses are due by 12^th November 2020.

1.4 These proposals are subject to a shorter consultation period than would normally be the case because the general scope of the proposals have already been subject to consultation and scrutiny as part of the Sustainability Appraisal earlier this year. In addition, the changes prioritised in Phase 1 have been selected because they are considered to make important contributions to economic and social recovery from the Coronavirus pandemic and the Scottish Government considers that it is important that they are put into effect as soon as is practicable.

1.5 Following this consultation we will take into account the feedback received, finalise the proposals for changes and extensions to PDR and prepare regulations to be laid in the Scottish Parliament bringing changes to the General Permitted Development Order into effect. To ensure that there is adequate time for Parliamentary scrutiny and for the changes to come into force before the Scottish Parliament goes into pre-election recess, regulations need to be laid in Parliament in December 2020.