Item 6 - Scottish Government consultation on expansion of Permitted Development Rights
West Dunbartonshire Council · 5 November 2025
Back to Planning Committee — 5 November 2025 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by the Planning, Building Standards and Environmental Health Manager Planning Committee: 5th November 2025 ___________________________________________________________________ Subject: Scottish Government Consultation on Expansion of Permitted Development Rights 1. Purpose 1.1 The purpose of this report is to seek formal committee approval of the response to the consultation. 2. Recommendation 2.1 It is recommended that Planning Committee agrees the response noted at Appendix 1 that was submitted to Scottish Government with the agreement of the Chair of the Planning Committee. 3. Background 3.1 The Scottish Government is consulting on proposed changes to Permitted Development Rights (PDR’s) to address the nationally declared housing emergency and to support the deployment of heat networks and domestic air source heat pumps. 3.2 The consultation can be grouped into 3 main areas: • Rural homes • Town Centre/Class 1A • Increasing the scope of householder permitted development rights and renewables (including heat networks) 3.3 The consultation period (3rd September 2025 to 27th October 2025) clashed with committee deadlines for October Committee meeting and allowing sufficient officer time to review the consultation content. An extension to Friday 7th November to allow consideration at the Committee meeting on 5th November was sought, but this was declined by Scottish Government. The Planning, Building Standards and Environmental Health Service Manager expressed disappointment in this stance to Scottish Government officials. Scottish Government confirmed we could submit a response after the deadline but that they may not be able to take this into account as it would be a late response. 3.4 In this circumstance, officers are able to prepare a draft response and have that agreed by the Chair of the relevant committee and submit on that basis. The response is then formally ratified by the relevant committee at its next meeting.
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3.5 Officers engaged with the Chair of Planning Committee on the consultation and the proposed response. The Chair agreed the response set out at Appendix 1 and this was submitted to the Scottish Government prior to the deadline. 4. Main Issues Summary of the proposed response 4.1 The full response to all questions is set out in Appendix 1, with the general position of the Council being that the Council supports the targeted expansion of PDR’s but stresses the need for appropriate controls to avoid unintended consequences, especially in unsustainable locations. Rural Homes . 4.2 The proposed response notes that within a West Dunbartonshire context we have not had any notifications under Classes 18B or 22A which allow the conversion of agricultural buildings/forestry buildings to residential use as we a primarily urban authority. 4.3 Whilst we would support small extensions to converted buildings, we do however express caution about increasing unit and floor space limits under these classes due to concerns around individual and cumulative impact on infrastructure and increasing housing development in potentially unsustainable locations distant from services. Similarly, we do not support expansion of new build homes via PDR in rural areas due to concerns around landscape impact, infrastructure, sustainability and impact on Green Belt. We consider that this type of development should still be assessed via the standard planning application process. Town Centre Living/Class 1A 4.4 The consultation is aimed at Town Centre living, however, it is difficult to restrict this due to varying definitions at a local level and no single agreed national definition. Such designations are noted in Local Development Plans and subject to change over time. The consultation therefore notes that any changes would apply to Class 1A units. Class 1A covers a broad range of uses such as shops, hairdressers, post officers, cold food shops, banks, estate agents and other services which is appropriate to provide in a shopping area and where the sale, display or service is principally to visiting members of the public. In this regard, whilst generally covering town and local centres, any changes would also apply to Class 1A units outwith these defined centres. The consultation does explicitly exclude areas such as covered shopping malls and retail parks. 4.5 The consultation seeks views on allowing ground floor Class 1A units and/or the upper floors of such units to be converted to residential use. The response
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notes that we would oppose the conversion of ground floor units due to the loss of active frontages and impacts on the viability and vitality of Town Centres. Such blanket use could result in a detriment of a Town Centre’s offer. We also express general placemaking concerns around amenity, parking and infrastructure etc. In relation to upper floors, the response is more supportive and in principle this could be achieved but the parameters of any permitted changes need to ensure that: • They address amenity impacts from other uses, such as those that generate noise and odour. • They should include minimum space standards to avoid substandard units. • They ensure that separate access from ground floor commercial units to residential units are provided. • Limits on unit numbers and parking impacts are considered. • Short term lets and Houses in Multiple Occupancy are excluded from any proposed PDR. • Flood risk and accessibility is considered. • Covered shopping malls and retail parks are clearly excluded from PDR. 4.6 Development, as defined in section 26 of The Town and Country Planning (Scotland) Act 1997, requires planning consent. For an effective and proportionate planning system not all works meeting this definition require express planning consent from the relevant Planning Authority and a variety of Permitted Development Rights exist. Permitted Development is further split into 2 main methods. Permitted development can be unambiguous and clear on exact parameters (size, location etc) without the need for express planning consent. The other is known as Prior Notification/Prior Approval. This requires notification to the Planning Authority that works are to be carried out that is permitted development but often allows the Planning Authority to convert this to a Prior Approval on certain matters. It is not open to Planning Authorities to query the principle, but it does allow consideration of specific matters such as materials. The Prior Notification/Prior Approval route is generally not supported by Planning Authorities as these processes generally cause confusion for applicants, officers and communities due to their complexity and often narrow focus of what can be controlled. Due to their short timescale and limited fee, these types of application do not reflect the workload and complexity experienced by Planning Authorities. It is also important to note that this route, in the vast majority of circumstances, does not allow for notification or consultation by the Planning Authority to neighbours or consultees. This route also carries legal risk to the Planning Authority as, unlike a planning application, Prior Notifications have to be responded to no later than 28 days after their submission, otherwise deemed consent exists and the Planning Authority has no further control over the development. It is for these reasons that the response reinforces our view that we would not be supportive of any new Prior Notification/Prior Approval mechanisms and any changes should be unambiguous as to whether they are permitted development or require planning permission.
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4.7 Should the Scottish Government proceed with requiring Prior Notifications/Prior Approval, we seek to ensure appropriate matters are considered and that the fee and timescale to respond to these are substantially increased. For this reason, we do note that in that event, such a process would be no quicker than a traditional planning application. Increasing the scope of householder permitted development rights and renewables (including heat networks) 4.8 The response sets out that we are supportive of changes that may expand householder PDR to allow homeowners to make better use of their existing properties. Matters under consideration include: • Increasing the maximum ground area covered by an extended building. • Amending the external dimension restrictions, for example in Conservation Areas. • Increasing the amount of side and rear curtilage that can be developed under PDR. • Amending the PDR for alterations to roofs to allow greater use of loft space. 4.9 We also support clearer standards for Air Source Heat Pumps and the expansion of existing permissions to allow for 2 pumps on detached homes, subject to noise safeguards. We also set out that we are supportive of the view that Air Source Heat Pumps for heating and cooling but not solely cooling. 4.10 In relation to heat networks, we are supportive of measures to enable easier and more simpler connections, but we would seek there to be a clear exclusion or restriction in sensitive areas, such as Conservation Areas of sites of archaeological interest. Key summary of the response 4.11 West Dunbartonshire Council is supportive of Permitted Development expansion where it improves housing delivery, respects local context and infrastructure capacity, and maintains planning oversight where necessary. However, the Council urges caution that any PDR expansion has to avoid undermining strategic local and national planning goals, particularly in rural and town centre settings, and recommends robust safeguards to ensure quality, sustainability and overall community benefit. 5. People Implications 5.1 There are no people implications associated with this report. 6. Financial and Procurement Implications 6.1 There are no financial or procurement implications associated with this report.
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7. Risk Analysis 7.1 There is no financial, reputational or legal risk associated with this report. The Council is not statutorily required to respond to this Scottish Government consultation but will be bound by the outcome of the consultation and any resulting changes to Permitted Development Rights. 8. Equalities Impact Assessment (EIA) 8.1 Not required. 9. Consultation 9.1 This is a Scottish Government consultation seeking the views of all stakeholders. The Council has been consulted as Planning Authority and the Council is not required to consult with any other party to form its response. 9.2 As set out in section 3 of this report, officers consulted with the Chair of Planning Committee on the content of Appendix 1 that was submitted as the Council’s response to the consultation within the set deadline. 10. Strategic Assessment 10.1 The new Local Development is considered to be relevant to, and will help deliver, all of the Council’s strategic priorities: • Our Communities – Resilient and Thriving • Our Environment – A Greener Future • Our Economy – Strong and Flourishing • Our Council – Inclusive and Adaptable Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 22 October 2025 ___________________________________________________________________ Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health Manager, Michael.mulgrew@west-dunbarton.gov.uk Appendices: Appendix 1 – Permitted Development Rights Consultation Response Background Papers: Permitted development rights to support provision of new homes - Scottish Government consultations - Citizen Space Wards Affected: All