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2 Background
The Town and Country Planning (General Permitted Development)(Scotland) Order 1992 ( GPDO) grants a general planning permission for specified developments, removing the need for a planning application.
Householders wishing to carry out works to their properties that fall within the statutory definition of 'development' 2 must obtain planning permission, unless the development is permitted under the Order. Part 2 and Schedule 1 of the Order grant planning permission, subject to limitations and exclusions, for development within the curtilage of a dwellinghouse3, comprising:
Class 1 | The enlargement, improvement or other alteration of a dwellinghouse, subject to: - A maximum enlargement of 24 sq m or 20% of the floor area for dwellinghouses, except for dwellinghouses which are terraced or lie within a Conservation Area or within the curtilage 4 of a Listed Building, in which cases the limits are 16 sq m or 10%; up to a maximum in any case of 30 sq m.;
- Not higher than the highest part of the roof of the original dwellinghouse;
- a maximum height of 4 metres within 2 metres of a curtilage boundary;
- proximity to a road (minimum 20m) or no closer than the original dwelling;
- 30% maximum coverage of the curtilage (excluding the original dwelling);
Excluding: - satellite antenna;
- a building within the curtilage of a Listed Building;
- alteration to an existing roof;
- development fronting a road in a Conservation Area; and
- external cladding of a building in a Conservation Area.
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Class 2 | Any alteration to the roof of a dwellinghouse including the enlargement of a dwellinghouse by way of an addition or alteration to its roof, subject to: - no increase in the height of the original roof;
- no extension of more than 10cm beyond the existing roof plane;
- maximum 10% enlargement of the existing roof area; and
- no material change in the external appearance of the dwelling.
Excluding: - a dwellinghouse in a Conservation Area.
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Class 3 | The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse5, or the maintenance, improvement or other alteration of such a building or enclosure, subject to: - height restrictions depending on whether a ridged (4m) or flat (3m) roof;
- 30% maximum coverage of the curtilage (excluding the original dwelling); and
- a maximum of 4 sq m for any building within the curtilage of a Listed Building or within a Conservation Area.
Excluding: - a dwelling;
- a satellite antenna;
- closer proximity to a road than the original dwelling and within 20m of a road; and
- a building exceeding 4 sq m in floor area if within 5 metres of the original dwelling 6.
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Class 4 | The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse, excluding: - within a Conservation Area ; and
- within the curtilage of a Listed Building.
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Class 5 | The erection or provision within the curtilage of a dwellinghouse of a container for the storage of oil or liquefied petroleum gas subject to: - a maximum of 3500 litres capacity ;
- a maximum of 3 metres above ground level ;
- no closer to a road than 20m and no closer than the original dwelling ; and
- a maximum of one container.
Excluding: - within a Conservation Area; and
- within the curtilage of a Listed Building.
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Class 6 | The installation, alteration or replacement of a satellite antenna on a dwellinghouse or within the curtilage of a dwellinghouse, subject to: - a maximum of one antenna within the curtilage;
- a maximum 90cm in any dimension; and
- sited so as to minimise its effect on the external appearance of the building
Excluding: - exceeding the highest part of the existing roof;
- any part of a dwelling facing a road; and
- within a Conservation Area or National Scenic Area.
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In addition, for the purposes of this Report, householder developments may also include: |
Class 7 | The erection, construction, maintenance or alteration of a gate, fence, wall, or other means of enclosure7; subject to: - a maximum of 1 metre in height within 20 metres of a road (2 metres otherwise); and
- No higher than the existing gate, wall or fence.
Excluding: - Within the curtilage of or surrounding a Listed Building.
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Class 8 | The formation, laying out and construction of a means of access to an unclassified road, and required in connection with development permitted by any Class other than Class 7. |
The actual wording of the planning permissions granted by Parts 1 and 2 of Schedule 1 of the GPDO are reproduced in Appendix 2.
Such works comprise building operations under s26(1) of the Town and Country Planning (Scotland) Act 1997. As such, they can have environmental impacts beyond the curtilage of a dwelling, affecting the amenity of immediate neighbours or wider residential amenity, for example, as reflected in planning authority policies on protection of privacy, and safeguarding of daylight/sunlight. These works are also generally restricted within Conservation Areas or proximity to Listed Buildings. In addition, there can be negative cumulative impacts of small scale householder development, such as uncoordinated alterations to roofs or front elevations, and loss of amenity open space through overdevelopment. So, there can be a public interest dimension to some types of householder developments, depending on the local context.
Annex A to the Research Specification states that:
'Minor householder developments make up the majority of planning applications. In an effort to improve efficiency in the processing of applications overall we need to remove as many of these proposals as possible from development management procedures. At the same time we need to ensure an adequate level of control over development is retained. We envisage therefore an increase in PDR for householder development, but we are also interested in any other mechanisms that may be suggested which might apply to those householder developments which may have impacts beyond the boundary, or curtilage, of the dwellinghouse, but are not of such significance that they merit a full planning application'.
2.1 Key findings from this section
1. For the purposes of analysis, "householder development" is defined as comprising the eight categories of development described in the first paragraph of each of Classes 1 to 8 of Schedule 1 of the GPDO.
2. Householder development is permitted, subject to the restrictions and limitations specified in these Classes.
3. Alterations and extensions are otherwise restricted by height, floorspace and curtilage dimensions, based on the dimensions of the original dwelling.
4. There are general restrictions on householder development:
a) within Conservation Areas;
b) within the curtilage of Listed Buildings;
c) which results in encroachment on a road; and
d) which results in a material change in the external appearance of the original dwelling.
a) to c) comprise technical requirements whilst d) requires subjective judgement. These are complex rules requiring careful calculation in order to avoid (i) an unnecessary planning application or (ii) unauthorised development. Uncertainty is compounded by the need to make such calculations based on the size of the original dwelling, which may not always be apparent. Consequently, if the technical standards in the GPDO can be expressed in simple, unambiguous language (perhaps supported by visual representation) this may assist in reducing uncertainty, associated enquiries to planning authorities, and unauthorised development arising from misreading the GPDO.
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