Planning circular 2/2015: non-domestic permitted development rights - consolidated circular - updated 2021

Annex B

Development by Statutory Undertakers

1. The GPDO grants certain statutory undertakers (and in some cases their lessees) permitted development rights for a range of developments associated with their operational requirements. This reflects the specialised nature and operational necessity of much development by, or on behalf of, statutory undertakers.

2. There is a requirement for certain undertakings to give prior notification to a relevant planning authority and, if necessary, for the planning authority to give prior approval for such matters as the design and external appearance of buildings (for example; Classes 39 and 40, Part 13 of Schedule 1 of the GPDO). Planning authorities may consider any detrimental effect the development might have on the amenity of the neighbourhood; modifications which might be reasonably made to avoid or reduce any such effect; and whether the proposed development ought to, or could reasonably and without excessive cost, be sited elsewhere.

3. Where there is no statutory requirement to notify planning authorities, it may nevertheless be beneficial for informal arrangements to be established between planning authorities and statutory undertakers for advance notification of development proposals. There is potential for contact of this kind to be of mutual benefit. One benefit to be gained, for example, is that statutory undertakers themselves will be given timely warning of proposed development by other persons for which their services will be required and of proposed developments which might interfere with existing services provided by them. Statutory undertakers should consider informing planning authorities of proposals for permitted development which are likely to affect them significantly before the proposals are finalised.

4. In exceptional cases the authority may consider that normal planning control should apply and it will be open to them (except in the case of development under Part 11, Class 29 of the GPDO: Development under Local or Private Acts or Orders) to make and submit to the Scottish Ministers a Direction under Article 4 of the GPDO.