Planning and Architecture

How can permitted development rights help address the housing emergency?

November 21, 2024 by planningarchitecture No Comments | Category Architecture, Consultation, permitted development rights

Our Planning and the housing emergency: delivery plan sets out the actions we will take so that planning plays its full part in addressing the housing emergency. The delivery plan indicated that we would consider and engage widely on the potential scope for further permitted development rights which could support housing delivery in specific circumstances.

The publication of this blog is the first step in taking forward that commitment. In it, we explain what permitted development rights (‘PDR’) are, before setting out how we’re exploring the potential expansion of PDR to streamline the delivery of homes, and how you can get involved and make your views heard.

What are permitted development rights?

PDR refer to planning permission granted for certain types of development through legislation – the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

PDR enable a development to be carried out without the need for a planning application. In doing so, they increase certainty for prospective developers, and save the time and expense associated with applying for planning permission.

PDR are organised into different classes, each relating to a particular type of development. Most classes of PDR are subject to conditions and limitations to control the impacts of the development. These may, for example, specify the maximum size of what is permitted, and set out certain circumstances or areas (for example conservation areas) in which the rights do not apply.

PDR generally authorise smaller scale or routine developments. Because they effectively bypass the normal planning application process, PDR do not typically cover larger scale or complex developments.

There are already extensive PDR that allow householders to extend and improve their homes, and that also allow a wide range of other non-domestic developments. Guidance on these existing PDR is contained in Circular 1/2024: Householder Permitted Development Rights and Circular 2/2024: Non-Domestic Permitted Development Rights.

In most cases, PDR allow development to be carried out without any reference to the planning authority, provided the relevant conditions are complied with. However, a small number of PDR are subject to a prior notification/prior approval process. This process enables the planning authority to consider whether specific aspects of the development (for example its siting, design or appearance) are acceptable. The process is lighter touch than that associated with ‘standard’ planning applications because a narrower range of considerations can be taken into account.

There are already some PDR that allows the creation of new homes:

• classes 18B and 22A allow the conversion of agricultural and forestry buildings to dwellings, subject to specified conditions and limitations and a prior notification/approval mechanism
• class 33 allows local authorities to build dwellings so long as the works conform to a local development plan

How can PDR be expanded to support the delivery of new homes?

We think it is right that most proposals for new homes should be the subject of planning applications. This reflects a plan-led approach to new development. It also means that proposals receive an appropriate level of assessment and scrutiny by planning authorities, taking into consideration the views expressed by local communities and other stakeholders.

However, in the context of the housing emergency we are exploring the potential to expand PDR to streamline the delivery of homes.

This does not mean allowing development at any cost: our starting point is to consider whether, and if so how, this can be done in a way that is consistent with policies in the National Planning Framework 4 (NPF4) – and its themes of supporting sustainable, liveable and productive places. We want to explore how new or amended PDR might allow the provision of the right homes in the right places. We are interested for example in thoughts on the potential role that PDR could play in helping to support town centre living and rural communities and promoting the reuse of vacant or underused buildings.

We can also learn the lessons from experiences in England, where there are PDR that allow the conversion of many different types of buildings, including as shops and offices, to dwellings.

Getting in touch

To help inform our early thinking, we would like to hear your views on this matter and would welcome discussion with a range of stakeholders and interests. You may want to comment on, for example, whether you think there are:

• particular types of home that be suitable to provide through PDR;
• particular types of locations that would be suitable for new homes provided through PDR; or
• particular types of building or uses that would be suitable for conversion to new homes through PDR.

Please email HousingEmergencyPDR@gov.scot if you have any suggestions on how PDR could appropriately be expanded to support the delivery of the right homes in the right places, or if you would like to discuss the matter with us.

We would be grateful for your responses by 14 February 2025.

Your comments will inform our work on exploring this issue further and shaping potential proposals for new PDR. If Scottish Ministers wish to take forward any such proposals, we will undertake formal public consultation on those in due course before any related legislation is laid in the Scottish Parliament.

Thank you for taking the time to read this blog post, and we look forward to hearing from you.

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