NOTE – Here we see for a single storey development the limiting factor for how far a semidetached or detached extension can extend relates to the floor area and NOT the distance for the rear except where the extension is within 1m of the boundary.
Ancillary Structures within the grounds of Listed Buildings – There are no PD rights for ancillary structures to a tourist / visitor facility hence full application. Will be in the setting of a listed structure but don’t need a LBC
Guidance on Householder Permitted Development Rights (83 pages Scot Gov in depth)
Permitted Development – An in depth investigation of what is considered as Projection beyond the elevation
Enforcement of Older Development
If the garage is going from residential ownership and then the converted room will be used for residential then provided it can be shown that there is residential use for 4 year period after the date of completion no enforcement action would be taken against it by the council(which is slightly different than it being legal)
The Ten year rule relates to change of use of a development for example residential to say business. Then rather than 4 years of use there would need to be 10 years of use from date of completion. Again if 10 years could be demonstrated then no enforcement action would be taken against the development due to lack of permission.
Amendements are due to be introduced 31st March 2023 (this is written 21 February 2023)
Permitted Development Rights Review – Phase 2 – Regulations laid in the Scottish Parliament
second phase of the review, The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order [2023 No. 35] has been laid before Parliament. The Amendment Order is, subject to Parliamentary scrutiny, due to come into force on 31 March 2023.
The Amendment Order makes changes to PDR, as well as the Town and Country Planning (Use Classes) (Scotland) Order 1997 (UCO), that are intended to help support:
- The resilience and recovery of city, town and local centres.
- The rollout of electric vehicle (EV) charging infrastructure.
- Operational development at Scottish ports
The Phase 2 measures:
- Provide greater flexibility to change the use of certain buildings and place furniture outside specified hospitality premises.
- Increase the scale of EV chargers that may be installed under PDR, broaden the locations where PDR apply and extend the scope of the PDR to include associated apparatus and equipment, including solar canopies.
- Align port operators’ PDR with those of airports.
See the policy note for more information.
Main changes are that Class 1 and 2 are now in same class -new Class 1A
Also it is now PD to go from 1A to Class 4.
Permitted development of Non Domestic Developments
Use Classes Order Scotland
Town and Country Planning (Use Classes) Scotland Order 1997 (as amended)
Town and Country Planning (General Permitted Development) Scotland Order 1992 (as amended)
The Town and Country Planning (Use Classes) Order 1987 (as amended) essentially categorises different types of property and land into classes. Change between uses within the same class does not constitute development and therefore does not require planning permission. The Town and Country Planning (General Permitted Development) Order 1995 (as amended) identifies some permitted development rights allowing the change of use from one class to another, subject to conditions and limitations.
| USE CLASS | DESCRIPTION | PERMITTED CHANGE |
|---|---|---|
| Class 1 – Shops | Use for all or any of the following purposes: (a) as a shop (b) for undertakers (c) as a post office (d) for the sale of tickets or as a travel agency (e) for the sale of sandwiches or other cold food (f) for hairdressing (g) for the direction of funerals (h) as a repair shop (i) for dry cleaning and launderettes | No permitted change |
| Class 2 – Financial and professional services | Use for the provision of: (a) as a bank, (b) for building societies (c) for estate agencies (d) for employment agencies (e) professional and financial services (other than health or medical services) (f) for betting offices | Permitted change to Class 1 |
| Class 3 – Food and Drink | Use for the following: (a) as a restaurant (b) as a cafes (c) as an establishment where food and drink is consumed on the premises | Permitted change to Class 1 and 2 |
| Class 4 – Business | Use for all or any of the following purposes: (a) Office not within Class 2 (b) Research and development (c) Light industrial | Permitted change of up to 235sqm to Class 6 |
| Class 5 – General industrial | Use for the carrying on of an industrial process other than one falling within Class 4 | Permitted change to Class 4 or up to 235sqm to Class 6 |
| Class 6 – Storage or distribution | Use for storage or as a distribution centre | Permitted change to Class 4 |
| Class 7 – Hotels and Hostels | Use as a hotel or hostel or as a boarding or guest house | No permitted change |
| Class 8 – Residential institutions | Use as a hospital or nursing home Use as a residential school, college or training centre | No permitted change |
| Class 9 – Houses | Use for: (a) Houses occupied by a single person, or a number living together as a family (b) Those living together as a single household of five persons or less (c) Limited use as a bed and breakfast or guesthouse where at any one time not more than two bedrooms (one bedroom in premises of less than four bedrooms) are used by guests | No permitted change |
| Class 10 – Non-residential institutions | Any use not including a residential use: (b) as a crêche, day nursery or day centre (c) for the provision of schools and education (d) for the display of art galleries (e) as a museum (f) as a public library (g) as an exhibition hall (h) for, or in connection with, social activities of a religious body | No permitted change |
| Class 11 – Assembly and leisure | Use as: (a) a cinema, (b) a concert halls (c) a bingo hall (d) a casino (e) a dance hall or discotheques (f) a swimming bath, skating rink or gymnasium | No permitted change |
| Sui generis | Includes: (a) as a public house (b) as a theatre (c) as an amusement arcades or funfair (d) as a launderette (e) for the sale of fuel for motor vehicles (f) for the sale or display for sale of motor vehicles (g) for a taxi or vehicle hire business (h) for flats and student accommodation (i) for hot food takeaways (j) for motor vehicle recreation or firearm sport | Car showroom to up to 235sqm of Class 1 Hot food takeaway to Class 1 or Class 2 |
Scot Gov link to Planning Circular 2/2015: Consolidated Circular on Non-Domestic Permitted Development Rights
Non Domestic Permitted Development Rights
However those pages are separated and difficult to search so see below for more easily searchable document click on left text to see the document in a separate web tab page or click on Download to download the file
Planning Circular 2/2015: Consolidated Circular on Non-Domestic Permitted Development RightsDownload
This Circular consolidates, updates and replaces certain previous guidance on non-domestic Permitted Development Rights (‘PDRs’). The Circular brings together guidance previously contained in a number of separate Circulars concerning relevant aspects of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended (‘the GPDO’). It also updates and replaces previous guidance, where relevant, to take account of wider legislative changes, including; the implementation of The Planning etc. (Scotland) Act 2006, (‘the 2006 Act’), and associated secondary legislation.
Below is the Consolidated General Permitted Development Order (click on left to open in separate tab or click on Download to download the file) But this was position at 21 February 2023 but this does not take into consideration amendment alterations being introduced 31 March 2023
And this is the original Permitted Development order link
MOBILE PHONE MASTS
Masts and telecommunications equipment do not always need planning permission from the council. Mobile phone masts generally fall into two categories, those which require full planning permission, and those which require ‘prior approval’.
Prior approval
The prior approval procedure applies to:
- The alteration or replacement of a mast which would be no taller than the existing
- The alteration or replacement of a mast up to and including 30m in height above ground level
- A public call box
- Radio equipment housing with a volume of 2.5 cubic metre
Where a mast fits into one of the above categories, a mobile phone operator will submit a notification for ‘prior approval’. The council then has 56 days to let them know whether they permit or refuse the approval, but the council may only consider the appropriateness of the location and appearance of any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed and the siting and appearance of a mast which has been altered or replace of the mast. We cannot object to the principle of a mast. These notifications will be publicised on our view applications online pages.
Full planning permission
Other development, for example a mast greater than 30m in height will need a full planning application. In considering applications the council will take a balanced approach including:
- The benefit that mobile communications provide to the economy
- Health factors although they will not be the main consideration where the proposal meets ICNIRP guidelines
- The visual and environmental effect of any proposal on the surrounding area
Permitted development and measurement from
When measuring the height of the extension on sloping, or uneven ground, the height should be measured from the lowest point immediately adjacent to the extension. Additionally height will include any base foundation
Roof Replacement
If a house is listed it will need listed building consent. If it is in a conservation area it will need planning permission.
For new roof tiles the legislation gives the following guidance
Which comes down to 2B(3) “roof covering must be as similar in appearance to the existing roof covering as is reasonably practicable”
Certificate of lawfulness would be an option – please note below for precedence..
Housing have now been carrying out roof replacements on a large scale for some 7-8 years. Discussions between departments at that time were that as you have said in conservation areas and or the property is listed then permission would be required but for the remainder of our properties unless we were going to metal sheeting etc then permission would not be required. WLC have now replaced the roofs of some 4000 properties on that basis
Measurement to Eaves…
Firstly we need to know what the definition of an eave is – An eave is defined as the edge of a roof that projects past the wall of a building. But note that a roof projecting past a wall at the gable end is NOT an eave. That is some time referred to as the gable rake or gable roof overhang.
In England – permitted development rights allow home owners to undertake certain works, including extensions and dormer loft conversions, without express planning permission.
These rights are subject to a number of conditions and restrictions and, in respect of roof enlargements, one of the conditions until recently was: “Other than in the case of a hip to gable enlargement, the edge of the enlargement closest to the eaves of the original roof shall so far as practicable, be not less than 20 centimetres from the eaves of the original roof.”
Q How has confusion over eave measurement led to planning disputes?
A Rather unhelpfully, the legislation fails to provide any clarity as to how the 20 centimetre measurement is to be calculated.
Homeowners have therefore, not unreasonably, relied on the Department for Communities and Local Government’s (DCLG’s) technical guidance Permitted development for householders, which indicated that extensions should be set back 20 centimetres from the outer edge of the eaves. This view was not shared by many LPAs, who considered that the 20 centimetre setback ought to be measured from the inner edge.
Consequently, LPAs were often forced to take enforcement action against homeowners as, based on the inner-edge calculation, extensions have innocently fallen outside the permitted development rights and thus planning permission should have been obtained.
Q How has the High Court assisted with this confusion?
AIn October 2013, the High Court in Waltham Forest LBC v Secretary of State for Communities and Local Government overturned the appeal decision of the secretary of state by ruling that:
- an “eave” includes the whole part of the roof that overhangs the wall; and
- the requirement for a setback of 20 centimetres has to be measured from the inner edge of the eaves.
This ruling therefore confirmed that a separation of at least 20 centimetres between the extension and the wall of the existing building is required to rely on the permitted development right for loft extensions.
Minor details such as roof guttering and tiles should not be considered as part of the enlargement.
Eaves are measured from the ground to the roof line. So this fails because a part of the eaves is over 3m
Eaves go to the top of the roof line and NOT the bottom of the soffit. But note here the 3335 is the overhang of the gable end and NOT the eave.
Open eaves will not have a soffit
What are Soffits?
The word ‘soffit’ comes from French and translates to meaning ‘something fixed underneath’. They are most commonly used in the main roofing area but also under porches and even under flights of stairs. There are many different materials used to create them include fibres, cement, steel and wood.
With this in mind, however, it’s worth bearing in mind that a uPVC soffit is by far a superior investment to other alternatives. There are numerous benefits associated with soffits that are comprised of this material, most notably its impressive resilience which makes impervious to rotting or warping.
A soffit comprised of uPVC can withstand severe weather conditions and won’t need re-painting, unlike wooden variants. Of course, whether you decide to opt for a uPVC soffit or one made from a different material, many of the characteristics remains the same.
On a roofing system, the soffit serves a dual purpose – it helps with the look of the roof and also protects rafters from the elements. If a soffit weren’t in place to protect the rafters, over time they would rot and could allow mould into the house, both serious problems that cost a lot to fix. Once mould infiltrates a property it becomes almost impossible to completely eradicate without the help of a remedial company.
Soffits are also part of the airflow of a house as they come in vented varieties. They work to allow air to circulate around the house but limit the moisture that can get through, preventing damp problems.
This is an invaluable feature as moisture is created on a daily basis through simple activities such as cooking, showering and washing clothes. If this moisture is unable to escape, it’ll settle as condensation inside your home eventually leading to damp-related issues forming. This makes the addition of a vented soffit all the more important.
As mentioned above, plastic (uPVC) tends to be the favoured material to make soffits with for a number of reasons. It is more affordable than metals such as aluminium and steel, has better insulating properties and doesn’t rot. It also comes in a range of finishes and colours to allow the customisation of the house and to fit in with any look you want the roof to have. Plastic is also water resistant, meaning that for high moisture areas it is the perfect material. Finally, it is also the easiest material to clean.
Wood is sometimes used for soffits but has a lesser lifespan than plastic because it will, at some point, rot. It does look great and is very warm but still needs vents to allow air circulation. In the US, aluminium is the material of choice for soffits along with plastic and doesn’t rot, chip or crack but is a lot more expensive, particularly if covering a large area.
Here in the UK, aluminium soffit construction is somewhat less common as uPVC soffits are considered to be more advantageous, especially given the UK’s more changeable climate.
What are Fascias?
The fascia is placed at the spot where the roof meets an outer wall, often termed as the roofline. Fascia, or fascia boards, are long straight boards that are found at the lower edge of the roof and is fixed directly to roof trusses. It works to support the last row of tiles or other roofing material as well as supporting the guttering. Like soffits, fascias do two jobs – they finish the look of the house and protect the interior from weathering damage.
Wood is the most commonly used material to make fascia boards and it is primed and painted to make it durable. Wood is also the most cost effective but will need to be periodically replaced as no matter how well protected, wood will always rot eventually. Some companies now produce a composite material using timber and other products such as recycled plastic, woodchips and sawdust that are bound together using an epoxy resin. While resistant to rot and other decay, they tend to be around double the price of normal wood fascias.
Many manufacturers now product plastic, or vinyl, fascias that can coordinate in colour and style with other roofing parts for a universal look. These tend to be not that much more expensive than wood versions and are long lasting as well as being easy to clean.
Roof Verge
A roof verge is the part of the roof where the tiles end, where the roof meets the gable. Traditionally, a roof verge is fixed with mortar to create a waterproof and weatherproof finish.
