Changes to householder permitted development rights
Householder permitted development rights are changing
The General Permitted Development Order sets out works that can be carried out without the need for planning permission.
The Scottish Government has changed the arrangements which set out those works and changes to existing houses that can take place without needing to apply for planning permission.
These changes will take effect from the 6 February 2012.
The effect of the changes is to allow greater scope to undertake smaller uncontroversial home improvements, particularly in rear gardens, meaning that fewer applications will be required for these types of development.
The new Order introduces the concept of the "principal elevation" as a means of determining which elevation of a house is the most important to the public realm and, as such, worthy of greater protection. In most cases, this should be easy to identify, as it will more often than not be designed as the most important elevation and will contain the front door. Having established which is the front elevation, the rear elevation can then be identified as being the area where the increased range of permitted development opportunities will apply.
In general terms, there should be greater scope for single storey rear extensions without the need for a formal application, as the key limitations now relate to height and relationship with the neighbouring boundary, rather than to the footprint of the extension. Size is only limited by the proportion of the garden being affected. Restrictions will still exist on development forward of a principal or side elevation near a road.
Permitted development classes will now cover the following categories:
- single storey extensions
- two storey extensions no closer than 10m to a common boundary.
- porches
- dormer windows
- access ramps
- alterations which do not enlarge a house (e.g. window replacements, solar panels, flues, painting and satellite dishes)
- outbuildings in rear gardens
- swimming pools and oil tanks
- hardstandings and decking
- gates, fences and walls.
There will remain thresholds where some of these rights do not apply, and the relationship with the principal elevation and with a road will still play an important part in determining whether permission will be required. Planning staff will be able to help in providing advice on the classes of development.
Significantly, some elements of these increased rights will now also extend to flats, meaning that changes which do not enlarge a flat (e.g. replacement windows and doors and satellite dishes) will not require permission in most cases.
However, greater controls for development in Conservation Areas will arise from the changes, meaning that few of the permitted development classes will apply in these locations. Because Scottish Borders Council has previously put in place its own additional controls for certain developments in Conservation Areas - for example, replacement windows - it is not expected that there will be any increase in the need for an application in a Conservation Area, although in most cases these applications will now attract a fee. It will, however, now be easier to assess whether permitted development rights apply because the information is now in one place.
You can find the Householder Permitted Development Order itself on the national legislation website.
The Scottish Government will shortly be providing further guidance on the subject, while the Council will cover the topic at a future agent stakeholder event.
Existing regulations which set out the need for a building warrant or listed building consent remain unchanged.
Other classes of permitted development covering those works not described here remain unaltered by these changes, although these are also currently being reviewed by the Scottish Government.
