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Footnotes

1. Research Specification
2. Heriot-Watt University School of the Built Environment, Brodies LLP and Scott Wilson Scotland Ltd (2006) Review of the General Permitted Development Order 1992: Householder Development, Scottish Executive Development Department Social Research, Edinburgh.
3. Research on the General Permitted Development Order and Related Mechanisms, School of Planning & Housing Edinburgh College of Art/Heriot-Watt University, Brodies WS, and Halliday Fraser Munro Planning, Scottish Office, 1998.
4. Modernising the Planning System (2005), Scottish Executive, Edinburgh.
5. Modernising the Planning System (2005), p.25
6. Review of the General Permitted Development Order, Research Specification, Planning Division, Scottish Executive, September 2005,
7. Review of the General Permitted Development Order 1992, Householder Development, Final Report, Heriot-Watt University School of the Built Environment with Brodies LLP and Scott Wilson Scotland Ltd.
8. Review of the General Permitted Development Order, Research Specification, op.cit.
9. Review of Permitted Development Rights, Nathaniel Lichfield in association with S J Berwin Solicitors, Office of the Deputy Prime Minister, London, September 2003.
10. Research on the General Permitted Development Order and Related Mechanisms, School of Planning and Housing Edinburgh College of Art/Heriot-Watt University, Brodies WS and Halliday Fraser Munro Planning, Scottish Office Central Research Unit, Edinburgh, 1998.
11. Review of Permitted Development Regulations Affecting Natural Heritage Interests in Scotland, School of Planning and Housing Edinburgh College of Art/Heriot-Watt University, Scottish Natural Heritage, Perth, 2002.
12. Research on the General Permitted Development Order and Related Mechanisms, Research Specification, Scottish Office Central Research Unit, 1998.
13. Review of Permitted Development Regulations Affecting Natural Heritage Interests in Scotland, Executive Summary.
14. Review of Permitted Development Regulations Affecting Natural Heritage Interests in Scotland, ibid.
15. Review of Permitted Development Rights, Nathaniel Lichfield in Association with S J Berwin Solicitors, London, ODPM, September 2003
16. Review of Permitted Development Rights, Nathaniel Lichfield and Partners, Department of the Environment Planning Service of Northern Ireland, Belfast, September 2003
17. Review of Permitted Development Rights, Nathaniel Lichfield in Association with S J Berwin Solicitors, London, ODPM, September 2003, p 8.
18. Op.cit. p 36.
19. Thomas K (1997), Development Control: principles and practice, UCL Press, p4.
20. Prior A and Raemaekers J (2006) "Does Planning Deregulation Threaten the Environment ? The effect of 'permitted development' on the Natural Heritage of Scotland", Journal of Environmental Planning and Management, Vol 49, No.2, 241-263, March.
21. Tym, R and Partners (1995) The Use of Article 4 Directions, Department of the Environment, London, HMSO
22. Blackhall J C (2000) Planning Law and Practice, London, Cavendish Publishing, 2 ^nd edition.
23. Moore V (2005) A Practical Approach to Planning Law, Oxford, Oxford University Press, 9 ^th edition.
24. The four goals set out in One Future - Different Paths (Scottish Executive 2005). Soc = social progress which recognises the needs of everyone. En = effective protection of the environment. NR = prudent use of natural resources. Ec = maintenance of high and stable levels of economic growth and employment.
25. The four goals set out in One Future - Different Paths (Scottish Executive 2005). Soc = social progress which recognises the needs of everyone. En = effective protection of the environment. NR = prudent use of natural resources. Ec = maintenance of high and stable levels of economic growth and employment.
26. The four goals set out in One Future - Different Paths (Scottish Executive 2005). Soc = social progress which recognises the needs of everyone. En = effective protection of the environment. NR = prudent use of natural resources. Ec = maintenance of high and stable levels of economic growth and employment.
27. The four goals set out in One Future - Different Paths (Scottish Executive 2005). Soc = social progress which recognises the needs of everyone. En = effective protection of the environment. NR = prudent use of natural resources. Ec = maintenance of high and stable levels of economic growth and employment.
28. The Town and Country Planning (Restriction of Permitted Development)(National Scenic Areas)(Scotland) Direction 1987 also removes PDR from the following development in NSAs, although this has not been incorporated in the Order:

• the erection of agricultural and forestry buildings over 12 metres high;
• the construction of all agricultural and forestry vehicle tracks not part of an approved afforestation scheme ( i.e. one approved by the Forestry Authority following application for grant support);
• all local authority road schemes outside present road boundaries costing more than £100 000.

29. Only Classes 67 and 68 explicitly impose this limitation, but Part 2 s3(1) of the Order transposes a general limitation from the Conservation ( Natural Habitats, &c.) Regulations 1994 ( SI 1994/2716). These state that 'the Order does not have effect to grant permission for developments damaging to the integrity of European sites. If a development permitted under that Order is likely to have a significant effect on the site and is not directly connected with or necessary to its management, specific approval for the development must be sought from the planning authority.'
30. Although it should be noted that aviation organizations drew attention to concerns about permitted development within aerodrome safeguarding zones.
31. We are aware, at the time of writing, of Private Bill consultation papers recommending promotion of energy savings by these and other measures: Sarah Boyack MSP (2005) 'The Energy Efficiency and Micro-Generation Bill Proposal', Consultation Paper, December; Shiona Baird MSP (2005) 'Small is Powerful', Green Micropower Bill Consultation Paper, December.
32. Scottish Executive Social Research (2004) 'The Interaction Between Land Use Planning and Environmental Regulation', Environmental Resources Management Ltd, Scottish Executive.
33. See Sound Circular 5/1992 Annex C for prior notification arrangements for agricultural and forestry buildings.
34. According to Part 1 s2(1) of the Order, Interpretation, private way means a road or footpath which is not maintainable at the public expense.
35. The Town and Country Planning (Restriction of Permitted Development)(National Scenic Areas)(Scotland) Direction 1987 removes PDR for the construction of all agricultural and forestry vehicle tracks not part of an approved afforestation scheme ( i.e. one approved by the Forestry Authority following application for grant support).
36. Defined as those which appear somewhere in the Order at present, viz. National Scenic Area, National Park, Site of Special Scientific Interest, Special Area of Conservation, Special Protection Area, Historic Garden, Designed Landscape, Conservation Area, A listed building, Scheduled Monument, Site of Archaeological Interest. References to protected areas in the remainder of this Section should be so construed.
37. Hall Hunter Partnership v Waverley Borough Council, 15/12/2006, reported at http://www.cpre.org.uk/news/view/351
38. to which section 104 of the Transport Act 1968 applies
39. specified in an order made under section 4 of the Gas Act 1965
40. Adur District Council v Secretary of State (1999)( JPL B99; PLCR 295)
41. Overhead electricity transmission lines require the approval of the Secretary of State under s37(1) of the Electricity Act 1989. Para 40(1)(a) of the GPDO applies to new electricity lines to which s37(1) of the 1989 Act does not apply, since para 40(3)(a) of the GPDO refers to replacement electricity lines, and para 40(3)(b) to temporary lines.
42. i.e. new overhead electricity lines to which s37(1) of the Electricity Act 1989 does not apply.
43. "Air traffic services" as defined in Part 1 section 98 of the Transport Act 2000 comprising: a) providing instructions, information or advice with a view to preventing aircraft colliding with other aircraft or with other obstructions (whether in the air or on the ground); b) providing instructions, information or advice with a view to securing safe and efficient flying; c) managing the flow of air traffic with a view to ensuring the most efficient use of airspace; d) providing facilities for communicating with aircraft and for the navigation and surveillance of aircraft; (e) notifying organisations of aircraft needing search and rescue facilities, and assisting organisations to provide such facilities.
44. Town and Country Planning (Demolition Which is not Development)(Scotland)Direction 2001.
45. The Shimuzu judgement defined works involving partial demolition of a Listed Building as an "alteration" and not "demolition" (it also had implications for controls over demolition of unlisted buildings in Conservation Areas).
46. A building is not to be regarded as a dwellinghouse or containing a flat if its use as a dwellinghouse is ancillary to any non-residential use of that building or any other buildings on the same site. Additionally, each house in a pair of semi-detached dwellinghouses is to be regarded as a building, as is every house in a row of terraced houses (whether or not, in either case, the house is in residential use).
47. See appendix to this section on page 125.
48. The reason that we do not propose the round figure of 2m is that this would exclude a leading product, Renewable Devices Ltd's Swift, which has a diameter of 2.12m. We would consider it perverse to exclude it for the sake of a few cm.
49. The Town and Country Planning (Restriction of Permitted Development)(National Scenic Areas)(Scotland) Direction 1987
50. Environmental Resources Management Ltd (2004) The Interaction Between Land Use Planning and Environmental Regulation, Scottish Executive Social Research, Edinburgh.
51. Op cit p55
52. Heriot-Watt University School of the Built Environment, with Brodies LLP and Scott Wilson Consulting Ltd (2006) Review of the General Permitted Development Order 1992: Householder Development, Scottish Executive Development Department Social Research, Edinburgh.
53. Reported in Blackhall J C (2000)
54. Review of Permitted Development Rights, Nathaniel Lichfield in association with S J Berwin Solicitors, Office of the Deputy Prime Minister, London, September 2003
55. Lichfield op cit.
56. Class 32 was repealed by Statutory Instrument SI 1996/3023
57. School of Planning and Housing Edinburgh College of Art/Heriot-Watt University (2002)
58. In the knowledge that the Courts have established "improvement" to mean "changes which do not alter the basic character of that which is improved".
59. Class 61 is repealed
60. International Commission on Nonionising Radiation Protection, in EC Council recommendation 1999/519/ EC.
61. Council Directive 96/82/ EC as amended by Council Directive 2003/105/ EC.

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