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Householder Permitted Development Rights: Consultation Paper

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PART 1

Glossary

The 1997 Act:

The Town and Country Planning (Scotland) Act 1997

The 2006 Act:

The Planning Etc (Scotland) Act 2006

The GPDO:

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended

The dHPDO:

The draft Town and Country Planning (Household Permitted Development) (Scotland) Order 2009

PDR:

Permitted Development Rights - a term often applied to the planning permission granted by permitted development orders, like the GPDO.

PP:

Planning Permission

EIA Regs:

The Environmental Impact Assessment (Scotland) Regulations 1999

Introduction

1.1 This paper concerns the relaxation of planning controls on development in relation to existing dwellinghouses thus removing the need for planning applications. For the most part the proposals in this paper do not apply to flats or buildings containing flats (see paragraph 2.27 below).

1.2 As part of the Government's proposals for modernisation of the planning system, it is intended to remove a significant number of minor householder planning applications from the planning system. This will allow individuals more freedom to develop their property and planning authorities to allocate resources to more significant developments, while retaining an appropriate level of planning control.

1.3 Research commissioned by the Scottish Government in 2006 recommended changes to permitted development rights ( PDR) that would allow some 38% of householder applications to be removed from the planning application process - almost 10,000 applications based on figures for 2006/2007.

http://www.scotland.gov.uk/Publications/2006/10/09103423/0

Legislative Background

1.4 The 1997 Act contains powers for the Scottish Ministers to make a development order which grants planning permission for certain classes of development. The granting of planning permission in this way (often referred to as permitted development rights - PDR) removes the need to apply for planning permission provided that the development complies with certain restrictions and conditions set out in the order.

1.5 This consultation paper seeks comments on our proposals to extend PDR for householder developments. A draft Householder Permitted Development Order ( dHPDO) is attached as Annex B. The intention is that a finalised version of this order will eventually replace the existing PDR for householder developments contained in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended (the GPDO).

1.6 This paper sets out a number of general issues before considering individual classes of householder PDR. There are questions throughout and these are listed at Annex A. Respondents are advised to read both the consultation paper and the dHPDO before answering these.

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Page updated: Tuesday, December 2, 2008