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Item 7 - Appendix 1 PD Rights consultation

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

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Appendix 1
West Dunbartonshire Council response to Scottish Government Review of
Permitted Development Rights
Electric Vehicle Charging Infrastructure
Q1. Do you agree with the removal of restrictions on Class 9EPDR, for wall-
mounted EV charging outlets, in the specified areas currently listed in Class
9E(3)? Please explain your answer 
Agree – The Council notes that an electrical outlet mounted on a wall for the charging
of EVs is limited to 0.5 cubic metres by Class 9E(2)(a) and cannot face on to a road
(Class9E(2)(b)). Accordingly the Council considers that the visual impact within the
specific areas currently listed in Class 9E(3) would be limited. The Council is of the
view that the removal of this restriction could encourage a wider role out of EV charging
infrastructure within these areas to be benefit of tackling climate change. Where
specific concerns from such developments arise, the option to introduce an Article 4
Direction to restrict permitted development rights in certain areas remains. 
Q2. Should the conditions regarding nameplates be withdrawn from Class 9E
on wall-mounted EV charging outlets? Please explain your answer. 
Agree – The Council is of the view that nameplates on EV charging outlets themselves
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 changing outlet casing and not on adjacent walls for
example.   
Q3. Do you agree with the removal of current restrictions on Class 9F  PDR for
EV charging upstands in the specified areas currently listed in Class 9F(3)?
Please explain your answer. 
Agree – Off-street parking areas typically include a variety of items and infrastructure
including lighting for example and the additional visual impact of provision of EV
charging upstands would unlikely be adverse. The Council considers that the removal
of this restriction could encourage a wider role out of EV charging infrastructure within
these areas to be benefit of tackling climate change. Where specific concerns from
such developments arise, the option to introduce an Article 4 Direction restricting
permitted development rights in certain areas  remains. 
Q4. Should the conditions regarding nameplates be withdrawn from Class 9F on
EV charging upstands? Please explain your answer. 
Agree – The Council is of the view 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 upstands and not be free standing adjacent to the upstands. 
Q5. Do you agree with the proposed increase in height allowable for EV charging
upstands under Class 9F PDR from 1.6 metres to 2.5 metres in all off-street

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parking locations, except within the curtilage of a dwelling? Please explain your
answer 
Agree – Considering the increase in height for EV charging upstands in existing off-
street parking areas such as public car parks, the Council considers that it would be
unlikely that such an increase to have any additional or significant visual impacts
beyond the upstand infrastructure that can currently be installed under existing PDR
rights. The proposed increase would encourage the roll out of this technology
encouraging the switch to EVs to the benefit of tackling climate change. 
Notwithstanding this, areas lawfully used for off-street parking would include residents
parking areas within residential developments. Whilst the retention of the existing
height limit within the curtilage of residential properties is welcomed in providing the
balance between the roll out of new EV infrastructure and protecting residential
amenity, the Council notes off-street parking areas within residential developments
can often be found in close proximity to residential properties and residential windows
whilst being outwith the curtilage of the adjacent residential properties. The Council
considers that any increase in height must be balanced with a restriction regarding the
proximity of an upstand to residential properties to balance the impact on residential
amenity. 
Q6. Do you agree with the proposal to introduce PDR for solar canopies and
related battery storage and equipment housing for EV charging upstands in off-
street parking areas? Please explain your answer. 
Agree – 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 be a concern to the Council and this would
require to be considered. 
Off-street parking areas within residential developments can often be found in close
proximity to residential properties and residential windows whilst being outwith the
curtilage of the adjacent residential properties. Any PDRs for such canopies would
require to include an appropriate restriction on the proximity of a solar canopy to
residential properties to balance the impact on residential amenity. The Council
considers the suggested 10 metre stand off from any dwelling is appropriate. 
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. 
The Council is in agreement that this infrastructure 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

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battlefields; conservation areas; National Parks; World Heritage Sites; and the
curtilage of dwellinghouses are supported. 
Q7. Do you agree with the proposal to introduce PDR for equipment housing for
EV charging upstands in off-street areas where solar canopies are not
provided? Please explain your answer. 
Agree – The Council considers that 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. 
Q8. Do you agree with the list of areas within which new PDR for such solar
canopies and related battery storage and equipment housing should not apply?
Please explain your answer. 
Agree – The Council is of the position that this infrastructure would not be appropriate
in all locations and the restrictions are supported. The potential impact on the setting
of listed buildings also raises concerns for the Council and it is considered that the list
of areas should be expanded to include the curtilages of listed buildings. 
Q9. Do you agree with the suggested height limit of 4 metres on PDR for solar
canopies for EV charging upstands in off-street parking areas? Please explain
your answer. 
Agree – The Council supports the restriction to 4 metres which would ensure that the
canopies were not overly dominant structures 
Q10. Do you agree with the proposal that any new PDR for solar canopies,
battery storage and equipment housing for EV charging upstands in off-street
parking areas should not apply within 5 metres of a road and 10 metres of the
curtilage of a dwelling? Please explain your answer  
Agree – Infrastructure requires to be set back from the road to ensure that is does not
interfere with sightlines and visibility splays and also to limit visual impact. A distance
of 5 metres is considered appropriate by the Council. Off-street parking areas within
residential developments can often be found in close proximity to residential properties
and residential windows whilst being outwith the curtilage of the adjacent residential
properties. Any PDRs for such canopies would require to include an appropriate
restriction on the proximity of a solar canopy to residential properties to balance the
impact on residential amenity. The Council considers the suggested 10 metre distance
from any dwelling is appropriate. 
Q11. Would it be helpful to amend Class 30 PDR for local authorities to make
clear they apply to EV charging points and any associated infrastructure?
Please explain your answer.

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Agree – Clarity on the legislative position with regard to PDRs is welcomed by the
Council and this would be useful in ensuring no confusion occurs. Alternatively, clarity
could be provided within an appropriate Circular. 
Q12. Do local authority PDR need to be amended to take account of emerging
models for financing, delivering and operating EV charging infrastructure, and
the changing nature of private sector involvement? Please explain your answer. 
Disagree – The Council notes that local authority PDR are not limited by the funding
source of a development. If the works are being undertaken by or on behalf of a Local
Authority, existing PDR would apply. 
Q13. Should PDR for EV charging infrastructure in roads apply to parties other
than local authorities? Please explain your answer. 
Disagree – 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, the Council is concerned that there could be a risk of such developments
being undertaken immediately adjacent to residential windows to the detriment of
residential amenity. 
It maybe that an arrangement where such developments could be taken forward under
PDRs providing these rights were linked to some form of other Local Authority
authorisation on position. But strict controls would be required. 
Q14. If so, would such PDR for other parties need to be linked to some
arrangement with local authorities or other form of authorisation? Please
explain your answer. 
Agree – As per question 13 above. 
Q15. What conditions and limitations would need to be placed on any additional
PDR for EV charging infrastructure in roads? Please explain your answer. 
Given the potential visual impact, the Council is of the view that this infrastructure
would not be appropriate in all locations and restrictions on areas where PDRs do not
apply would be required. This would require to include Conservation Areas. PDRs for
parties other than Local Authorities would require to be linked to some form of other
Local Authority authorisation on position and installation. It could be that a submission
to whether the Prior Approval of the Planning Authority is required to ensure control.
To further ensure appropriate control, a specific register of installers / operators should
be created to ensure that such installations are undertaken and operated by an
appropriate manner.

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Q16. In relation to extending PDR for EV charging infrastructure in roads, what
issues need to be considered regarding existing PDR, and rights to access the
roads network, for infrastructure which are available to other sectors, such as
electricity undertakers? Please explain your answer. 
In order to ensure that there is no gaps in the regulatory environment, PDRs for other
sectors such as electricity undertakings should be adjusted to ensure that EV charging
infrastructure is not included and that such infrastructure is covered under a single
Class. 
Q17. Do you agree in principle with having PDR for changing existing
petrol/diesel stations to EV charging only? Please explain your answer. 
Agree – The Council agrees with the principle with having PDR for changing existing
petrol filling stations to EV charging only. The Council considers that changes in the
overall form of the existing petrol filling station should not be permitted of existing
height, buildings and generalities of the layout inclusive of access arrangements.
However, the conversion or part conversion of existing filling stations to EV charging
only could be undertaken without any detriment either visually or in respect of road
access and road safety. 
Q18. If so, what, if any, further specification of the conditions and limitations
identified, or additional ones, would be required for such? Please explain your
answer. 
The Council considers that PDRs for the provision of solar canopies / solar panels
should be limited in a similar way to that proposed for off-street parking areas in order
to avoid adverse visual impacts and potential impacts from glint and glare. 
Changes of Use in Centres
Q19. Do you consider that a merged use class bringing together several existing
classes would help to support the regeneration, resilience and recovery of
Scotland’s centres? Please explain your answer.
The Council considers that a merging of uses to create a Town Centre Use Class
would introduce additional flexibility that may support investment and increase unit
occupancy in Scotland’s centres. However as an application for planning permission
forms only part of the process, investment and decision-making involved in
undertaking a change of use, it may be that if implemented this change is not
significant.
Q20. What do you consider to be the key risks associated with such a merged
use class, and do you think that non-planning controls are sufficient to address
them? Please explain your answer.
The Council considers the key risks to be as follows:
• the application of the Town Centre Use Class to areas outwith centres – as the
consultation paper sets out, it would not be possible to restrict PDR associated with
a town centre use class to just town centres.

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• the removal of planning controls that communities are supportive of planning
authorities having - for example many traditional food and drink uses now have a
significant takeaway operation increasing footfall and vehicle visits to the premises.
Communities would expect Councils to have a degree of control over the location
of such uses.
• the creation or loss of clusters of certain uses – some planning authorities still
identify core retail areas where there is a presumption against a loss of Class 1
uses in order to ensure the centre continues to have a strong retail offer. Such an
approach would not be possible with a town centre use class. Similarly, some
planning authorities operate policies to prevent the clustering of certain uses, and
again this might not be possible with a town centre use class, although uses such
as hot food takeaways and pay day lending are sui generis.
• Loss of control of amenity issues where no planning application is required for
changes between uses with different characteristics and the associated negative
impact on neighbouring properties. 
Q21. Are there any other changes to the UCO which you think would help to
support Scotland’s centres? Please explain your answer.
The Council has no comments in relation to this question. 
Q22. Do you agree that Masterplan Consent Areas could be a useful tool to
provide more extensive planning freedoms and flexibilities in Scotland’s
centres? Please explain your answer
The Council considers that Masterplan Consent Areas would provide a more targeted
tool that planning authorities could use to introduce change of use flexibility in selected
centres or areas of centres.
Q23. Do you think that a PDR providing for a change of use to Class 4 (business)
would help to support the regeneration, resilience and recovery of centres – as
well as the establishment of 20-minute neighbourhoods? Please explain your
answer.
The Council considers that PDR for the change of use to Class 4 would introduce
additional flexibility that may support investment in, and the creation of new business
premises. However this flexibility would not be limited to centres and could create
alternative investment locations, competing with centres. Again, as an application for
planning permission forms only part of the process, investment and decision-making
involved in undertaking a such change of use, it may be that if implemented the impact
may not be significant.
Q24. If a PDR of this nature were taken forward, what existing uses should it
apply to? Please explain your answer. 
If the purpose of the change is to enhance town centres then the uses it should be
applied to are Classes 1, 2 and 3, which are primarily found within centres.
Q25. Would 300 square metres be an appropriate maximum floorspace limit?
Please explain your answer.

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A key consideration here is what the market would support i.e. is the creation of 300
square metres of business premises a worthwhile investment and would it create
premises that would be attractive to users.
Q26. What (if any) additional conditions or limitations should such a PDR be
subject to? Please explain your answer
Given that the PDR would apply to locations in and out of centre including locations
that may not be accessible by public transport, the provision of parking would need to
be a consideration.
Q27. Do you agree with the proposed introduction of a PDR for moveable
furniture placed on the road outside of (Class 3) food and drink premises?
Agree – The Council is of the view that the use of parts of the road/pavement outside
Class 3 Uses can assist in supporting existing businesses, make places more vibrant
and encourage patrons to both particular premises and areas in general. This would
require to be carefully balanced with controlling issues relating to pedestrian safety
and residential amenity for example and in certain locations this may be unacceptable.  
Q28. Are there any conditions or limitations that you think such a PDR should
be subject to? Please explain your answer. 
Class 3 uses are found in a variety of locations. In town centres, fairly high levels of
activity throughout the day and evening will already result. The Council notes that
whilst residents choosing to reside in such locations may benefit from the proximity to
local shops and services, they cannot reasonably expect the same degree of quietude
as would be experienced within a wholly residential area. However, a balance must
be sought between protecting the amenity of nearby residents by seeking to prevent
undue noise and disturbance above what could be reasonably expected, whilst at the
same time promoting the vitality of existing businesses. Outwith town centre or
otherwise busy locations, the level of background activity would likely be less and the
potential for disturbance to residents would be greater. Equally, a Class 3 use could
be remote from any residential properties. Taking account the variation in the
circumstances of Class 3 uses, the Council considers the following limitations would
provide an appropriate balance:
• Hours of use limited from 9am to 9pm. The area must be vacated by 9pm. 
• No amplified music to be played in the seating area.
• The creation of the area without physical development.
• The outdoor seating area be within 10 metres of the principle elevation of the
associated premises to avoid remote outdoor seating areas, the control of
which may be difficult. 
• Consideration given to a restriction on the size of an area and / or the number
of tables. 
• No tents, marquees or other similar installations. 
Q29. Are there any uses other than (Class 3) food and drink premises which you
consider such a PDR should apply to? Please explain your answer.

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Hotels (Class 7) often offer similar food and drink availability to Class 3 uses. Public
houses could potentially be included as again they often offer similar food and drink
availability to Class 3 uses. However, the nature of a public house use could result in
additional amenity implications over a Class 3 use. Accordingly, the Council considers
that if public houses were to be included, then the hours of operation together with the
size of the area would require to be very strictly controlled. 
Q30. Do you agree that important matters such as safety and inclusive access
could continue be controlled through other regimes?
Agree – Retaining control over where structures are places on the public road and
footway can be achieved with the requirement for consent from the relevant Roads
Authority and licencing requirements can provide additional controls. To ensure
access is retained, a restriction requiring a clear 2 metres if footway to remain at all
times and could be added to any PDRs introduced. 
Q31. Do you agree that new residential development in Scotland’s centres
should be plan-led rather than consented through new PDR? Please explain
your answer.
Agree -  The Council is supportive of greater residential development in town centres,
however the type, location and proportion of residential units in relation to other town
centre uses requires to be carefully considered and balanced to ensure vibrant and
viable centres. The Council’s view is that new residential development in Scotland
should be plan-led or achieved through the full consideration of a planning application.
This will ensure that matters such as achieving acceptable residential amenity, impact
on the operation of other uses, and the provision of adequate infrastructure, including
green infrastructure, is achieved.  All new homes must also be fit for purpose,
sustainable and suitably located. Creating new residential development through PDRs
could undermine the role of local authorities in shaping communities, public spaces
and buildings. The Council is concerned that such an approach would result in poor
quality homes in inappropriate locations Whilst supportive of residential development
in centres, they need to be carefully considered and planned given the mixed use of
centres if the new homes  are to be successful and sustainable for many years after
occupation.   
Q32. Are there any other PDR changes which you think could support the
regeneration, resilience and recovery of centres? Please explain your answer.
The Council has no comments in relation to this question. 
Port Development
Q33. Do you agree that, with respect to the PDR, there should be a level playing
field between English and Scottish ports? Please explain your answer. 
Agree - The Council considers that the creation of a level playing field with England
would be beneficial to the economic development of the area and support growth and
the movement of goods.

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Q34. With respect to the amendments in England (see Box 5), what do you think
the practical effect of making an equivalent change to Class 35 PDR would be –
in terms of developments/activities that would be permitted which are not
currently? Please explain your answer. 
The Council considers that with respect to the amendments in England, an equivalent
change to Class 35 would 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 PDRs by others on their behalf. The Council supports the
requirement for development to be subject of consultation with the local authority. 
Q35. Do you think there is potential to widen the scope of Class 35 PDR further?
Please explain your answer. 
The Council considers that the proposed alignment with PDRs in 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 via PDRs. 
Q36. Do you agree that Masterplan Consent Areas could be a useful tool to
provide more extensive planning freedoms and flexibilities in Scotland’s ports?
Please explain your answer. 
Agree in principle. 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 MCAs could
also simplify the approval processes for individual developments where they are
essential to the operational development of a Port.   
Assessment of Impacts 
Q37. What are your views on the findings of the Update to the 2019 Sustainability
Appraisal Report at Annex A? (Respondents are asked to avoid restating their
views on the November 2019 and Phase 1 consultations, as these views have
already been taken into account. 
The Council notes the findings and has nothing further to add. 
Q38. Do you have any comments on the partial and draft impact assessments
undertaken on these draft Phase 2 proposals? 
The Council has no comments on the partial and draft impact assessments
undertaken.

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Q39. Do you have any suggestions for additional sources of information on the
potential impacts of the proposals that could help inform our final
assessments? 
The Council has no suggestions for additional sources of information.