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ANNEX B Draft Householder Permitted Development Order
SCOTTISH STATUTORY INSTRUMENTS
2009 No.
TOWN AND COUNTRY PLANNING
The Town and Country Planning (Household Permitted Development)
(Scotland) Order 2009
Made - - - - 2009
Laid before the Scottish Parliament 2009
Coming into force - - 2009
The Scottish Ministers make the following Order, in exercise of the powers conferred by sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997( 2) and of all other powers enabling them to do so.
Application, citation and commencement
1. -(1) This Order applies to all land in Scotland.
(2) If a special development order is made, or has been made before the commencement of this Order, in relation to any land this Order shall apply thereto to such extent only and subject to such modifications as may be specified in the special order.
(3) Nothing in this Order shall apply to any permission which is deemed to be granted by virtue of section 184 of the Act.
(4) This Order may be cited as the Town and Country Planning (Household Permitted Development) (Scotland) Order 2009 and shall come into force on [ 2009].
Interpretation
2. -(1) In this Order-
"the Act" means the Town and Country Planning (Scotland) Act 1997;
"boundary of a dwellinghouse" means the boundary of the curtilage of the dwellinghouse or where the land adjoining the dwellinghouse extends beyond the curtilage of the dwellinghouse then the boundary of that land;
"building" does not include plant or machinery, and in the Schedule to this Order does not include any gate, fence, wall or other means of enclosure;
"curtilage" does not include the development footprint of the original dwellinghouse;
"Crown land" has the meaning given by section 242(1) of the Act;
"development footprint" means the area of ground on which development has been carried out;
"dwellinghouse" does not include a building containing one or more flats, or a flat contained within such a building;
"existing", in relation to any building means (except in the definition of "original") existing immediately before the carrying out of development described in this Order;
"flat" means a separate and self-contained set of premises whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally;
"listed building" means a listed building under section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997( 3);
"microwave" means that part of the radio spectrum above 1,000MHz;
"microwave antenna" means a satellite antenna or a terrestrial microwave antenna;
"original" means-
(a) in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date and, in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built;
(b) in relation to a building which is Crown land on 12th June 2006, as existing on that date and, in relation to a building built on or after 12th June 2006 which is Crown land on the date of its completion, as so built;
"plant or machinery" includes any structure or erection in the nature of plant or machinery;
"principal elevation" means the elevation of the dwellinghouse used as the principal means of access to the dwellinghouse;
"rear curtilage" has the meaning given in Article 3(7);
"terrestrial antenna" means apparatus designed for transmitting or receiving terrestrial radio energy between two fixed points; and
"the Schedule" means the Schedule to this Order.
(2) (a) any reference in this Order to the height of a building shall be construed as a reference to its height when measured from ground level; and
(b) for the purposes of this paragraph "ground level" means the level of the surface of the ground immediately adjacent to the building in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.
(3) Any reference in this Order to a numbered article or Schedule is a reference to the article or as the case may be the Schedule bearing that number in this Order and a reference to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph having that number in the article or paragraph in the Schedule in which the reference appears.
Permitted development
3. -(1) Subject to the provisions of this Order and regulations 60 to 63 of the Conservation (Natural Habitats, & c.) Regulations 1994( 4), planning permission is hereby granted for the development or class of development specified and printed in heavy type in sub-paragraph (1) of any paragraph of the Schedule or where any such paragraph is not divided into sub-paragraphs in that paragraph.
(2) Any development or class of development permitted under paragraph (1) above is subject to any limitation or condition specified in the sub-paragraphs subsequent to sub-paragraph (1) in each paragraph in the Schedule.
(3) References in this Order to permission granted by the Schedule or by any class, paragraph or sub-paragraph of the Schedule is a reference to the permission granted by this article in relation to development specified in the Schedule or in that provision of the Schedule.
(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.
(5) Planning permission granted by the Schedule shall not apply if-
(a) in the case of a permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful; or
(b) in the case of permission granted in connection with an existing use, that use is unlawful.
(6) The permission granted by this article shall not authorise the following-
(a) any development, which requires or involves the formation, laying out or material widening of a means of access to an existing road which is a trunk road or a classified road or creates an obstruction to the view of persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons;
(b) any development which would result in the development footprint of all buildings within the curtilage of the dwellinghouse exceeding 40% of the total area of the curtilage;
(c) any development which would result in the development footprint within the rear curtilage exceeding 40% of the total area of the rear curtilage;
(d) any development which would result in the development footprint within the curtilage of the dwellinghouse exceeding 60 square metres;
(e) any Schedule 1 or Schedule 2 development within the meaning of the Environmental Impact Assessment (Scotland) Regulations 1999( 5); or
(f) any development, other than development permitted by Class 70 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992( 6) which requires or involves the demolition of a dwellinghouse, but in this sub-paragraph "dwellinghouse" does not include part of a dwellinghouse.
(7) For the purposes of this article "rear curtilage" means the land comprised in the curtilage of the dwellinghouse other than land forward of a wall forming the principal elevation of the original dwellinghouse.
Directions restricting permitted development
4. -(1) If in relation to any area the Scottish Ministers or, in relation to the district of a planning authority, that planning authority, is satisfied that it is expedient that all or any development of all or any of the classes of the Schedule should not be carried out in that area or, or any particular part thereof, or that any particular development of any of those classes should not be carried out in such area or part, unless permission is granted on an application in that behalf, the Scottish Ministers or the planning authority may direct that the permission granted by article 3 shall not apply to-
(a) development in a particular area; or
(b) any particular development falling within any of these classes.
(2) Subject to paragraph (4), a direction by a planning authority under this article shall require the approval of the Scottish Ministers, and the Scottish Ministers may approve the direction, with or without modifications.
(3) When a planning authority submits a direction to the Scottish Ministers for approval, it shall also send-
(a) two additional copies together with a plan of the area in respect of which the direction applies, unless the direction includes such a plan; and
(b) a statement of its reasons for making the direction.
(4) The approval of the Scottish Ministers is not required in the case of a direction which relates only to either or both of the following-
(a) a listed building or a building in respect of which the Scottish Ministers have given notice in writing to the authority making the direction that it is a building of special architectural or historic interest;
(b) development within the curtilage of a listed building.
(5) A direction shall come into force on the date on which notice of that direction first published under article 5(1) or in a case where notice is served in accordance with article 5(4) when such notice is served on the occupier or if there is no occupier on the owner.
Notice and service of article 4 directions
5. -(1) Notice of any direction made or approved by the Scottish Ministers and of any such direction as is referred to in article 4(4) specifying any particular area given under article 4(1)(a) must be published by the planning authority concerned in one or more newspapers, circulating in the locality in which the area is situated, and on the same or a subsequent date in the Edinburgh Gazette.
(2) Such a notice shall contain a concise statement of the effect of the direction and name a place or places where a copy thereof and of a map defining the area to which it relates may be seen at all reasonable hours.
(3) The Scottish Ministers may publish a notice in accordance with paragraph (1) of any direction given under article 4(1)(a) in which case the planning authority is not required to publish such notice.
(4) Notice of any direction specifying any particular development given under article 4(1)(b) must be served by the planning authority concerned on the owner and occupier of the land affected.
(5) The Scottish Ministers may serve notice in accordance with paragraph (4) of any direction given under article 4(1)(b) in which case the planning authority is not required to serve notice.
Cancellation of article 4 directions
6. -(1) (a) any direction made by the Scottish Ministers under article 4 may be cancelled by a subsequent direction made by the Scottish Ministers;
(b) any direction made by a planning authority in accordance with article 4 may be cancelled by a subsequent direction made by that authority or by a direction made by the Scottish Ministers. A direction given by a planning authority which contains only provisions cancelling a previous direction, does not require the approval of the Scottish Ministers.
(2) Article 5 shall apply to the making of any direction under paragraph (1) in the same way as it would apply to the making of the direction being revoked.
Modifications and savings
7. -(1) In Schedule 1 (Development within the curtilage of a dwellinghouse) to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, Part 1 is omitted.
(2) Any direction under article 4 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 which was in force immediately before [ ] 2009 shall in so far as it relates to development permitted by this Order have effect as if it were a direction given under article 4 or this Order of which notice has been published or served, as the case may be.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2009
SCHEDULE 1 ARTICLE 3
CLASSES OF PERMITTED DEVELOPMENT
DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE
Class 1
(1) The enlargement, improvement or other alteration of a dwellinghouse.
(2) Development is not permitted by this class if-
(a) the development footprint of the resulting building would exceed the development footprint of the original dwellinghouse-
(i) in the case of a dwellinghouse in a conservation area or within the curtilage of a listed building by more than 10 square metres;
(ii) in any other case, by more than 50%;
(b) the height of the resulting building would exceed the height of the highest part of the roof of the existing dwellinghouse (excluding any chimney);
(c) in the case of a dwellinghouse within a conservation area or within the curtilage of a listed building any part of the resulting building would-
(i) extend beyond the building line of the original dwellinghouse on any side of the house where its curtilage is bounded by a road;
(ii) consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles or any other material; and
(d) any part of the resulting building would be within 2 metres of the boundary of the dwellinghouse and-
(i) would be increased in height as a result of the development; and
(ii) would exceed 4 metres in height;
(e) any part of the resulting building would be within 1 metre of the boundary of the dwellinghouse;
(f) the enlarged part of the dwellinghouse would extend beyond a wall which-
(i) fronts a road; and
(ii) forms either the principal elevation or a side elevation of the original dwellinghouse;
(g) any part of the resulting building would be more than 1 metre in height and would be both less than 5 metres from any road and would be nearer to that road than the part of the original dwellinghouse nearest to it; or
(h) it would consist of or include any development which falls within classes 2(1) (alteration to a roof), 3(1) (building or pool in curtilage), 6(1) (microwave antenna), 9(1) (stone cleaning), 11(1) (porch) or 12(1) (chimney, flue or soil pipe) of this Schedule.
(3) For the purposes of this class "resulting building" means the dwellinghouse as enlarged, improved or altered, taking into account any previous enlargement, improvement or alteration to the original dwellinghouse.
Class 2
(1) Any alteration to the roof of a dwellinghouse including the enlargement of a dwellinghouse by way of an addition or alteration to its roof.
(2) Development is not permitted by this class if-
(a) any part of the dwellinghouse would as a result of the works, exceed the height of the highest part of the existing roof (excluding any chimney);
(b) any part of the dwellinghouse would, as a result of the works, extend 20cm beyond the plane of any existing roof slope which-
(i) fronts a road; and
(ii) forms either the principal elevation or a side elevation of the dwellinghouse.
(c) where the development does not increase the development footprint of the existing dwellinghouse-
(i) any part of the addition or alteration to the roof would be within 1 metre of the edge of the roof and where the roof adjoins another dwellinghouse 1 metre from that dwellinghouse;
(ii) it consists of any addition or alteration to a roof-
(aa) within 50 centimetres from the eave of the plane of the roof;
(bb) within 50 centimetres below the ridge of a roof.
(d) more than 40% of any plane of the existing roof would be subject to development;
(e) the dwellinghouse is within a conservation area or the curtilage of a listed building;
(f) any part of the addition or alteration to the roof within 2 metres of the boundary of the dwellinghouse-
(i) would be increased in height as a result of the development; and
(ii) would exceed 4 metres in height; or
(g) it would consist of or include any development which falls within class 12(1) (chimney, flue or soil and vent pipe) of this Schedule.
(3) Development is permitted by this class subject to the condition that where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part must be the same as the roof pitch of the plane of the existing dwellinghouse.
Class 3
(1) The provision within the curtilage of a dwellinghouse of any building, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration of such a building.
(2) Development is not permitted by this class if it consists of a dwelling or a microwave antenna.
(3) Development, other than maintenance, is not permitted by this class if-
(a) any part of the building, swimming or other pool would be on land which-
(i) fronts a road; and
(ii) is forward of a wall forming the principal elevation or a side elevation of the original dwellinghouse.
(b) any part of the building, swimming or other pool would be within 1 metre of the boundary of the dwellinghouse;
(c) any part of the building would exceed 4 metres in height;
(d) any part of the building would be more than 1 metre in height and would be both less than 5 metres from any road and would be nearer to that road than the part of the original dwellinghouse nearest to it;
(e) in the case of any land in a conservation area or land within the curtilage of a listed building, it would consist of the provision, alteration or improvement of a building with a development footprint greater than 4 square metres; or
(f) it would consist of or include any development which falls within Class 10(1) (decking).
(4) For the purposes of this class "purpose incidental to the enjoyment of the dwellinghouse" includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.
Class 4
(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse or the replacement in whole or in part of such a surface.
(2) Development is not permitted by this class if it would be within a conservation area or within the curtilage of a listed building.
Class 5
(1) The erection or provision within the curtilage of a dwellinghouse of a container for the storage of oil or liquefied petroleum gas or other domestic fuel.
(2) Development is not permitted by this class if-
(a) it would be within a conservation area or within the curtilage of a listed building;
(b) the capacity of the container would exceed 3500 litres;
(c) any part of the container would be more than 3 metres in height;
(d) any part of the container would be within 1 metre of the boundary of the dwellinghouse;
(e) it would result in more than one container within the curtilage of a dwellinghouse;
(f) any part of the container would be more than 1 metre in height and would be both less than 5 metres from any road and would be nearer that road than the part of the original dwellinghouse nearest to it; or
(g) any part of the container would be situated on land-
(i) which fronts a road; and
(ii) is forward of a wall forming the principal elevation or a side elevation of the dwellinghouse.
Class 6
(1) The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.
(2) Development is not permitted by this class if-
(a) it would result in the presence on a dwellinghouse, or within the curtilage of a dwellinghouse of-
(i) more than two microwave antennas;
(ii) a single microwave antenna exceeding 100 centimetres in length;
(iii) two microwave antennas which do not meet the relevant size criteria;
(iv) a microwave antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;
(v) a microwave antenna installed on a chimney, where the antenna would protrude above the chimney;
(vi) a microwave antenna with a cubic capacity in excess of 35 litres;
(b) in the case of a microwave antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;
(c) in the case of a microwave antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;
(d) in a designated area it would consist of the installation of a microwave antenna on a chimney, wall or roof slope which faces onto, and is visible from, a road.
(3) Development is permitted by this class subject to the following conditions-
(a) the microwave antenna shall, as far as practicable, be sited so as to minimise its effect on the external appearance of the building on which it is installed; and
(b) a microwave antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable.
(4) The length of a microwave antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.
(5) For the purposes of this class-
"designated area" means a national scenic area, National Park, conservation area, historic garden or designed landscape, or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument; and
"relevant size criteria" means that-
(i) only one of the microwave antennas may exceed 60 centimetres in length; and
(ii) any microwave antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.
Class 7
(1) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure within the curtilage of a dwellinghouse.
(2) Development is not permitted by this class if-
(a) the height of any gate, fence, wall or other enclosure to be erected or constructed would exceed one metre in height and would be both less than 5 metres from any road and would be nearer that road than the part of the original dwellinghouse nearest to it;
(b) the height of any other gate, fence, wall or other enclosure to be erected or constructed would exceed 2 metres in height;
(c) the height of any existing gate, fence, wall or other enclosure maintained, improved or altered would exceed its former height or the height referred to in (a) and (b), whichever is the greater;
(d) any part of the gate, fence, wall or other enclosure would exceed 1 metre in height where it-
(i) fronts a road; and
(ii) is forward of a wall forming the principal elevation or a side elevation of the dwellinghouse.
(e) it would be within a conservation area or within the curtilage of a listed building.
Class 8
The formation, laying out and construction of a means of access to a road which is not a trunk road or a classified road, where that access is required in connection with development permitted by any class in this Schedule other than Class 7 (gate, fence, wall or other means of enclosure).
Class 9
(1) The stone cleaning or painting of the exterior of any dwellinghouse or building within the curtilage of a dwellinghouse.
(2) Development is not permitted by this class-
(a) for the purposes of advertisement, announcement or direction;
(b) where the building or works are in a conservation area; or
(c) where the building is a listed building.
(3) For the purposes of this class, "painting" includes any application of colour.
Class 10
(1) The erection, construction, maintenance, improvement or alteration of a deck or other raised platform within the curtilage of a dwellinghouse.
(2) Development is not permitted by this class if-
(d) any part of the deck or raised platform would-
(i) be within 2 metres of the boundary of the dwellinghouse; or
(ii) have a height of more than 1 metre;
(e) the deck or raised platform would be situated on land which-
(i) fronts a road; and
(ii) is forward of a wall forming the principal elevation or a side elevation of the dwellinghouse.
(f) in the case of any land in a conservation area or land within the curtilage of a listed building it would consist of the erection, construction, maintenance, improvement or alteration of a deck or other raised platform with a development footprint greater than 4 square metres.
Class 11
(1) The erection or construction of a porch outside any external door of a dwellinghouse.
(2) Development is not permitted by this class if-
(a) the development footprint of the porch would exceed 3 square metres;
(b) any part of the porch would be both less than 5 metres from any road and nearer to the road than part of the original dwellinghouse nearest to it;
(c) any part of the porch would be within 1 metre of the boundary of the dwellinghouse;
(d) it would be within a conservation area; or
(e) it would consist of or include any development under Class 1(1) (alteration of a dwellinghouse).
Class 12
(1) The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.
(2) Development is not permitted by this class if-
(a) the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more; or
(b) in the case of a dwellinghouse within a conservation area, the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which-
(i) fronts a road; and
(ii) forms either the principal elevation or a side elevation of the dwellinghouse.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order confers permitted development rights in respect of certain householder development. Where such rights apply, no specific application for planning permission is needed.
A Regulatory Impact Assessment has been prepared in relation to this Order and has been placed in the Scottish Parliament Information Centre. Copies can be obtained free of charge from the Scottish Government Planning Directorate, Area 2H, Victoria Quay, Edinburgh, EH6 6QQ.
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