Permitted Development

Reviewing and Extending Permitted Development Rights

We are carrying out a substantial review of permitted development rights that are granted by the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended).  Permitted development rights (PDR) remove the need to apply for planning permission in relation to developments and circumstances specified in the legislation. The review is being taken forward on a phased basis, with each phase focussing on specific types of development.

Phase 1

Through Phase 1, we introduced new and extended permitted development rights in relation to:

• digital telecommunications infrastructure
• agricultural development
• peatland restoration
• development related to active travel
• aquaculture

This guidance note explains the effect of the (394kB) Phase 1 changes, which came into force on 1 April 2021. These were the subject of a public consultation in autumn 2020. An independent analysis of responses to the Phase 1 consultation was published on 18 December 2020.

Phase 2

With Phase 2, we introduced new and extended PDR and changes to the use classes order (UCO) in relation to:

• changes of use in centres
• electric vehicle (EV) charging infrastructure
• operational port development

The legislation came into force on 31 March 2023. More information can be found in the policy note accompanying the legislation. The changes were the subject of a public consultation in summer 2022. An independent analysis of the responses was published on 10 February 2023.

Phase 3

On 31 May we published a consultation paper on Phase 3 of the review which considers PDR in relation to:

Domestic Renewables and Efficiency Improvements

• Domestic solar energy equipment
• Domestic heat pumps
• Domestic wind turbines
• Flues for certain domestic heating systems
• Replacement windows

Non-Domestic Renewables and Efficiency Improvements

• Solar panels on and within the curtilage of non-domestic buildings
• Solar canopies in parking areas
• Non-domestic heat pumps
• Replacement windows

Other Phase 3 Proposals

• Development by electricity undertakers
• Reverse vending machines
• Temporary use of land: shooting ranges​

The consultation will run until 23 August 2023.

Sustainability Appraisal:

• The review programme has been informed by a Sustainability Appraisal, which was the subject of a public consultation in November 2019. Programme for extending permitted development rights in Scotland: non-technical summary - PDF (159.3kB)
• Programme for extending permitted development rights in Scotland: full report - PDF (5.3MB)

An independent consultation analysis report was published on 30 September 2020

As with previous phases, the Phase 3 consultation includes an update to the Sustainability Appraisal to cover proposals which have since been added to the review programme.

The updated SEA Post Adoption Statement is a live document; it will continue to be updated as future work on the remaining phases of the PDR programme is progressed.