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Item 7 - Permitted Development Rights Consultation

West Dunbartonshire Council · 3 August 2022
Back to Planning Committee — 3 August 2022 and its agenda

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WEST DUNBARTONSHIRE COUNCIL 
Report by Planning, Building Standards and Environmental Health Manager 
Planning Committee: 3rd August 2022
_____________________________________________________________ 
Subject: Review of Permitted Development Rights consultation 
1. Purpose 
1.1 To seek the agreement of the Committee to submit a response to the
Scottish Government consultation on the review of permitted development
rights. 
2. Recommendations 
2.1 It is recommended that the Committee agree the proposed Council
responses set out in Appendix 1. 
3. Background 
3.1 Permitted development rights refer to forms of development which are
granted planning permission through national legislation, meaning they can
be carried out without an application for planning permission having to be
submitted to the relevant planning authority. 
3.2 The definition of “development” under planning legislation includes making
a material change to the use of land or buildings, meaning material changes
of use require planning permission. However, the Use Class Order groups
together various land uses with broadly similar planning impacts into
separate “use classes”, and legislation provides that a change of use within
a use class, or between certain classes, does not constitute development
for planning purposes, and so no planning permission is required. 
3.3 Permitted Development Rights are set out in the Town and Country Planning
(General Permitted Development)(Scotland) Order 1992 and Use Classes
are set out in the Town and Country Planning (Use Classes)(Scotland) Order
1997. Both are kept under review. 
3.4 The Scottish Government commenced a programme of reviewing and
extending permitted development rights, as part of its wider planning reform
programme, in November 2019. A Phase 1 consultation was undertaken in
October 2020 and focused on permitted development rights for digital
telecommunications infrastructure, agricultural development, peatland
restoration and active travel.
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4. Main Issues 
4.1 Phase 2 of the Scottish Government’s review of permitted development
rights was published in May 2022 and focuses on electric vehicle charging
infrastructure, changes of use in centres and port development. The
consultation document can be found at the following link: 
https://www.gov.scot/publications/review-permitted-development-rights-phase-2-
consultation/documents/
4.2 The proposed Council response to the consultation is attached as Appendix
1. A summary of the Council’s response is provided under the relevant
headings below. 
Electric Vehicle Charging Infrastructure 
4.3 The consultation seeks views on the following matters with regard to Electric
Vehicle (EV) Charging Infrastructure: 
• The removal of restrictions on the installation of wall mounted and
pedestal EV charging infrastructure in a site of archaeological interest; a
national scenic area; a historic garden or designed landscape; a historic
battlefield; a conservation area; a National Park; and a World Heritage
Site.
• The removal of restrictions on the attachment of nameplates to wall
mounted and pedestal EV charging infrastructure.
• An increase in the height of EV charging pedestals which can be installed
in off-street parking areas without requiring planning permission from 1.6
metres to 2.5 metres.
• Provision of solar canopies, battery storage and equipment housing
within off-street parking areas without the requirement of planning
permission. 
• Clarification of permitted development rights for local authorities.
• Permitted development rights for the provision of EV charging
infrastructure in roads for parties other than local authorities. 
4.4 On the issue of the removal of restrictions for the installation of wall mounted
and pedestal EV charging infrastructure in certain areas, the Council is
supportive as the removal of this restriction could encourage a wider roll out
of EV charging infrastructure within these areas to be benefit of tackling
climate change. The visual impact within the specific areas currently listed
would be limited. Where specific concerns from such developments arise,
the option to introduce an Article 4 Direction remains whereby a Council
could take forward the removal of permitted development rights in certain
areas.   
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4.5 On the issue of the removal of restrictions on the attachment of nameplates
to wall mounted and pedestal EV charging infrastructure, the Council is of
the view that nameplates on EV charging upstands would be unlikely to
result in extensive visual clutter. However in order to retain an element of
control, any nameplates or other identifiers would require to be
accommodated solely on the charging infrastructure and not be either free
standing or attached to walls etc adjacent infrastructure. 
4.6 Considering the increase in height for EV charging upstands in existing off-
street parking areas, the Council considers that it would be unlikely to have
any additional or significant visual impacts beyond the upstand infrastructure
that can currently be installed under existing permitted development rights.
The proposed increase would encourage the role out of this technology
encouraging the switch to EVs to the benefit of tackling climate change. Any
increase in height should be balanced with a restriction regarding the
proximity of an upstand to residential properties to balance the impact on
residential amenity. 
4.7 With regard to the provision of solar canopies, battery storage and
equipment housing within off-street parking areas, the Council supports
infrastructure to power charging points by renewable means. The provision
of solar canopies within off-street parking areas would result in them being
provided where land has already been subject of development. The
restriction to four metres would ensure that the canopies were not overly
dominant structures and the very nature of canopy structures is their
openness which again would limit visual impact. The potential impact of glint
and glare from a large number of solar canopies in close proximity would
require to be considered. Any related battery storage and equipment
housing would be typical of other transport infrastructure and other
installations such as telecommunication cabinets for example and it is not
considered they would be out of place in off-street parking areas. The
restriction on the size and number of such installations is supported by the
Council. It would not be appropriate in all locations and the restrictions in
paragraph 2.24 of the consultation document in respect of there not being
permitted development rights in sites of archaeological interest;  National
Scenic Areas; historic gardens or designed landscapes; historic battlefields; 
conservation areas; National Parks; World Heritage Sites; and the curtilage
of dwellinghouses are supported as are the height and size restrictions
together with the restrictions on the distance from residential properties 
4.8 On the clarification of permitted development rights for local authorities,
clarity on the legislative position with regard to permitted development rights
is welcomed by the Council and this would be useful in ensuring no
confusion occurs. Changes to permitted development rights to take account
of emerging models for financing, delivering and operating EV charging
infrastructure, and the changing nature of private sector involvement is not
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considered to be required as permitted development rights are not limited
by the funding source of a development. 
4.9 On the question of whether permitted development rights for the provision
of EV charging infrastructure in roads should apply to parties other than local
authorities, the Council considers that other non-planning controls can
ensure that such developments themselves do not result in infrastructure
causing an obstruction etc. However, the very nature of EV charging
infrastructure means that it is associated with vehicles which are parked.
Other non-planning controls may not be sufficient to ensure that
infrastructure is not provided in locations where it would be inappropriate for
vehicles to be parked (for example adjacent to junctions). Equally, there is
concern that there could be a risk of such developments being undertaken
immediately adjacent to residential windows to the detriment of residential
amenity. 
Changes of Use in Centres 
4.10 The consultation seeks views on the following matters with regard to centres: 
• The merging together of several use classes to create a town centre use
class - this would bring together a number of separate use classes, such
as shops, services, and food and drink, into a single use class, with no
planning permission required to change between these uses.
• Whether Masterplan Consent Areas could be a useful tool for introducing
more flexibilities to town centres - a Masterplan Consent Area would
enable whole or parts of town centres to be identified as areas within
which certain changes of use could take place without requiring planning
permission.
• Permitted development rights to encourage Class 4 business use in town
centres - the change being consulted on is whether town centre uses
should be permitted to change to business use (up to 300 square metres)
without needing planning permission.
• Permitted development rights for moveable outdoor furniture – there is a
suggestion of permitted development rights being granted to moveable
furniture associated with food and drink uses.
• Permitted development rights for residential accommodation – England
has permitted development rights for some uses to change to residential
use without the need for planning permission.  The consultation seeks
views on whether this should apply to Scotland. 
4.11 On the issue of creating a town centre use class, the proposed response
recognises that this would introduce additional flexibility that may support
investment and increase unit occupancy in centres. However, it identifies
risks such as that the permitted development rights would also exist outwith
centres, and that there would be the removal of controls that communities
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are supportive of planning authorities having, including for example the
identification of core retail areas (West Dunbartonshire has these in
Clydebank and Dumbarton) and the prevention of the clustering of certain
uses, for example food and drink uses. The response indicates that
Masterplan Consent Areas would provide a more targeted means for
planning authorities to introduce change of use flexibility within centres or
selected parts of centres. 
4.12 On the issue of permitted development rights for change of use to Class 4
business, the proposed response recognises that such a change would
introduce flexibility that may support investment in, and the creation of new
business premises, although this could create business premises in
locations that could compete with centres and established business
locations. On whether the proposed 300 square metre limit is appropriate,
the response indicates that a key consideration will be whether this would
offer a worthwhile investment to developers and create space that would be
attractive to users. Parking provision would also be a consideration. 
4.13 On the issue of moveable furniture outside of Class 3 food and drink uses,
this should be permitted development but restricted to town centres. Theses
permitted development rights should also apply to Class 7 uses, hotels and
hostel and with caution, to public houses. 
4.14   On whether permitted development rights should exist for residential 
development in Scotland’s centres, it is considered that residential
development should be plan-led or achieved through the full consideration
of a planning application, so that amenity and impact on other uses and
infrastructure can be considered. 
Port Development 
4.15 The consultation seeks views on the following matters with regard to Ports: 
• Whether in respect of permitted development rights, there should be a
level playing field between English and Scottish ports.
• With respect to the recent amendments in England, what the practical
effect of making an equivalent change to Class 35 permitted
development rights would be.
• Whether there is scope to widen permitted development rights further. 
• Whether Masterplan Consent Areas could be a useful tool to provide
more extensive planning freedoms and flexibilities in Scotland’s ports. 
4.16 On the question on parity with the position in England, the Council considers
that the creation of a level playing field with England would be beneficial to
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the economic development of the area and support growth and the
movement of goods. 
4.17 On the practical effects of amending permitted development rights to match
those in England, this will widen the scope of the types of development that
can be undertaken and who can undertake it. This will allow greater flexibility
to undertake development. Allowing for development to be undertaken by
the statutory undertakers agents of development would give further flexibility
with development being able to be undertaken through Permitted
Development Rights by others on their behalf. The Council supports the
requirement for development to be subject of consultation with the local
authority. 
4.18 On the question on widening permitted development rights further, the
Council considers that the proposed alignment with England to provide the
most appropriate approach in balancing the operation of Ports together with
growth and movement of goods against protecting the interests of the wider
area in terms of the level of development that can be undertaken. 
4.19 Considering the use of Masterplan Consent Areas, the Council considers
that masterplan consent areas could be a useful tool in providing planning
flexibility in the development of Scotland’s ports. Such an approach could
create certainty in developments and reduce costs relating to individual
developments and front-loading the process in terms of technical surveys
and assessments, reducing complexity further down the line. The use of
Masterplan Consent Areas could also simplify the approval processes for
individual developments where they are essential to the operational
development of a Port.   
5. People Implications 
5.1 There are no personnel issues associated with this report. 
6. Financial and Procurement Implications 
6.1 There are no financial or procurement implications associated with this
report. 
7. Risk Analysis 
7.1 There are no risks associated with this report. 
8. Equalities Impact Assessment (EIA) 
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8.1 The Scottish Government has undertaken an equalities impact assessment
of the consultation documents. This has concluded that where there are
impacts, these are positive.
9. Consultation 
9.1 The views of Regeneration, Roads and Transportation, Licensing and
Environmental Health were sought in the preparation of this report. 
10. Strategic Assessment 
10.1 The review of permitted development rights and use classes is relevant to
the Council’s strategic priority of a strong local economy and improved job
opportunities as it seeks to introduce more flexibility into the planning system
in order to increase investment. 
Pamela Clifford
Planning, Building Standards and Environmental Health Manager
Date: 3 August 2022
_________________________________________________________________ 
Person to Contact: Pamela Clifford, Planning & Building Standards
Manager
pamela.clifford@west-dunbarton.gov.uk 
James McColl, Acting Development Management
Team Leader Team Leader
james.mccoll@west-dunbarton.gov.uk 
Alan Williamson, Development Planning and Place
Team Leader 
Alan.williamson@west-dunbarton.gov.uk 
Appendix: Appendix 1: West Dunbartonshire Council response to
Permitted Development Rights consultation 
Background Papers:  Scottish Government Review of Permitted
Development Rights - Planning - permitted
development rights review - phase 2: consultation -
gov.scot (www.gov.scot) 
Wards Affected:  All
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