Permitted Development Rights review - phase 3: consultation analysis

1. Introduction

Background

Permitted development rights (PDR) provide flexibility to carry out certain types of development without an application for planning permission having to be submitted to, and approved by, the relevant planning authority.

The Scottish Government is reviewing PDR on a phased basis, and this consultation relates to Phase 3 which, in view of the cost and climate crises, is primarily focused on PDR for domestic and non-domestic renewables equipment. This reflects the important role that such equipment can play in helping to reduce greenhouse gas emissions and energy costs. Phase 3 also considers PDR associated with the rollout of transmission and distribution infrastructure needed to support the expansion of renewables and to meet increasing demands for electricity and seeks views on potential amendments to PDR for reverse vending machines (RVMs) and temporary target shooting ranges.

Because PDR are set out in legislation, introducing new or extended PDR involves the preparation of a statutory instrument, which must be laid in the Scottish Parliament before it can come into force. It is anticipated that a statutory instrument containing changes stemming from this consultation will be laid in the Scottish Parliament later in 2023/24.

The consultation

The consultation opened on 31 May 2023 and closed on 23 August 2023. It asked 33 questions. The consultation paper and supporting documents are available on the Scottish Government’s website.

Profile of responses

In total 467 responses were received, of which 104 were from groups or organisations and 363 from individual members of the public. Where consent has been given to publish the response, it may be found on the Scottish Government's website.

Respondents were asked to identify whether they were responding as an individual or on behalf of a group or organisation. Group respondents were allocated to one of ten groups by the analysis team. A breakdown of the number of responses received by respondent type is set out below, and a full list of group respondents appended to this report as Annex 1.

A large proportion of individual respondents answered only Question 30, which sought views on whether class 15 PDR should be amended to exclude the use of land as a temporary shooting range comprising fixed targets associated with firearms.

Analysis and reporting

The report presents a question-by-question analysis of answers to the closed questions and further comments at open questions.

Both the proportion of respondents answering closed questions and the number commenting at open questions varied considerably. There was also variation in the number of respondents answering “don’t know” at specific questions, including some of those who only provided a substantive response at Question 30 and answered “don’t know” at all other questions. Therefore, alongside the full analysis of closed questions, we also provide the percentage answering “yes” and “no” with “don’t know” responses excluded from the question base. Quantitative results referenced in the Executive Summary also exclude “don’t know” responses.

As with any public consultation exercise, it should be noted that those responding generally have a particular interest in the subject area. Therefore, the views they express cannot necessarily be seen as representative of wider public opinion.