Permitted development rights - extension and review: strategic environmental assessment - draft post adoption statement

1. Proposed programme for reviewing and extending permitted development rights (PDR) in Scotland

1.1. Introduction

1.1.1 The Scottish Government set out its proposed work programme for reviewing and extending permitted development rights (PDR) (referred to as “the proposed programme”) in November 2019. The proposed programme was the first step in an iterative and ongoing policy process which has been, and will continue to be, informed by a Sustainability Appraisal (SA) incorporating Strategic Environmental Assessment (SEA) requirements^[1]. The SA was undertaken by independent consultants LUC commissioned by the Scottish Government.

1.1.2 A Sustainability Appraisal Report setting out the potential environmental, social and economic effects arising from the proposed programme was consulted on alongside the proposed programme from 5 November 2019 – 28 January 2020. The SA report considered broad options for changes to PDR across a range of development types.

1.1.3 This draft Post Adoption Statement sets out how the views gathered on the environmental, social and economic considerations incorporated within the Sustainability Appraisal have been taken into account in finalising the work programme and in progressing more detailed proposals for changes to PDR. Further information on the phasing of the work programme and the considerations taken into account is highlighted in section 4.2 of this draft Statement. This draft Statement will continue to be updated as detailed proposals for the expansion of PDR are progressed. We will give consideration to whether any further appraisal or assessment is required at each step of the iterative policy process.

1.2. Background

1.2.1 PDR 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.

1.2.2 When proposing changes to PDR for a particular development type the Scottish Government has to consider what is granted planning permission, what limitations (if any) should be placed on that permission, and what conditions (if any) should apply to its use.

1.2.3 The proposed work programme set out options for changes to PDR across the development types listed below. The November 2019 consultation also sought views on the proposed phasing and timing of work to progress more detailed proposals for changes to PDR for the individual development types. The results of this consultation are further discussed in sections 4 and 5 of this Statement.

Development types included in the November 2019 consultation:

• digital communications infrastructure
• agricultural developments, including measures which could further support the delivery of affordable homes in rural areas
• micro-renewables, including a range of domestic and non-domestic renewable energy developments
• peatland restoration
• hill tracks (private ways)
• electric vehicle charging infrastructure
• developments relating to active travel
• town centre changes of use
• householder developments
• district heating and supporting infrastructure
• energy storage (non-domestic)
• energy storage (domestic)
• defibrillator cabinets
• habitat pond creation
• allotments and community growing schemes
• snow sports