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 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

In February 2023 we laid legislation before the Scottish Parliament to change use classes and extend permitted development rights (PDR) in relation to:

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

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

The letter issued jointly by the Chief Planner and Minister for Public Finance, Planning and Community Wealth in October 2022 confirmed that Phase 3 of the review will focus on  domestic and non-domestic renewable energy equipment. Our intention is to publish the consultation in Spring 2023 and to consider PDR in relation to:

Non-Domestic Renewables

• Solar panels on non-domestic buildings
• Solar canopies in all parking areas - not just those with EV chargers
• Other non-domestic renewables

Domestic Renewables and Efficiency Improvements

• Domestic solar energy equipment
• Other domestic renewables
• Energy efficiency improvements
• Flues for certain domestic heating systems

Other Phase 3 Proposals

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

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