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Circular 1/201

Guidance on

HouseHolder permitted

development riGHts

contents

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1. INTRODUCTION 04

2. BEFORE STARTING 05

3. MAIN CONCEPTS 07

Principal elevation 08

Fronting a road

Front and rear curtilages

Site coverage

Original or existing dwellinghouse

Heights and Ground Levels

4. MAKING CHANGES TO A DWELLINGHOUSE 17

Single storey ground ﬂoor extension 20

Ground ﬂoor extensions of more than one storey

Porch

Enlargement of the roof

Access ramps

Improvements or alterations that are not an enlargement, including replacement windows,

solar panels, ﬂues and satellite dishes

Ancillary buildings including sheds, garages, greenhouses etc.

Any building, engineering, installation or other operation

Hard surface

Decking or other raised platform

Gates, fences, walls or other means of enclosure

5. MAKING CHANGES TO A FLAT 57

Improvements or alterations that are not an enlargement, including replacement windows,

solar panels, ﬂues and satellite dishes

Gates, fences, walls or other means of enclosure

6. INSTALLING MICROGENERATION EQUIPMENT 62

7. INSTALLING CLOSED CIRCUIT TELEVISION (CCTV) 77

8. THINGS TO CONSIDER 79

9. GLOSSARY 80

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PLANNING SERIES

Scottish Planning Policy (SPP) is the statement of Scottish Government policy on nationally

important land use planning matters.

National Planning Framework (NPF) is the Scottish Government’s strategy for Scotland’s

long term spatial development.

Circulars contain Scottish Government policy on the implementation of legislation or

procedures.

Statements of Scottish Government policy in the SPP, NPF and Circulars may be material

considerations to be taken into account in development plans and development management

decisions.

Designing Places and the West Edinburgh Planning Framework have the same status in

decision making as the SPP and NPF.

Planning Advice Notes (PANs) provide advice and information on technical planning matters.

Further information on the Scottish Government’s role in the planning system is available on

http://www.scotland.gov.uk/Topics/Built-Environment/planning.

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1.7

Planning authorities can offer help and advice

A list of planning authorities can be found

on the planning section of the Scottish

Government website www.scotland.gov.uk

Additional Approvals Required

If planning permission is not required, there

are sometimes other approvals that may be

required. For example, approval under the

building regulations from the local council

may be required. It is for the individual to

ensure that their development complies with

relevant legislation. The most frequent are

detailed within Section 2.

1. introduction

1.1

Developments can have a signiﬁcant impact

on a neighbourhood and the environment.

1.2

Submitting a planning application gives an

opportunity for the proposed development to

be considered in its local setting. However,

considering applications for minor and

uncontroversial developments is not an

efﬁcient way of regulating development.

1.3

Permitted development rights are granted so

that many instances of small alterations and

extensions can be carried out without the

need to submit an application for planning

permission.

1.4

The purpose of this document is to explain

householder permitted development rights and

therefore what can be built without submitting

a planning application.

1.5

Section 2 provides general advice that should

be considered before starting work.

1.6

Section 3 explains the main concepts used

within the planning legislation. It is necessary

to understand these concepts so that the

household classes to which they relate can

be correctly applied. Sections 4 - 7 provide

detailed advice on how the rules should be

applied. Further guidance can be found at

www.scotland.gov.uk/householderdevelopment

Figure 1

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Figure 2

2. BeFore startinG

2.1

Home improvement projects, such as an

extension, should be carefully considered. Time

spent planning can save money. It can also

ensure the work is completed on time and as

required. It is the property owner’s responsibility

to ensure that the relevant statutory

requirements are met. If the development fails to

comply with the relevant legislation, the owner is

liable for any remedial action (which could go as

far as demolition and restoration).

2.2

The position, design and scale of householder

developments can help maintain the character

of neighbourhoods. These can also help

reduce the impact on the wider environment

and local biodiversity. Some developments can

make homes more sustainable by helping to

reduce energy use, whilst the installation of

microgeneration equipment can help generate

energy and reduce costs.

2.3

Most planning authorities offer advice on

how the rules apply, as well as advice on the

relevant processes and procedures. Further

guidance for planning and building regulations

is also available from www.scotland.gov.uk/

householderdevelopment.

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2. BeFore startinG

Building Standards: the proposed work will likely require to comply with minimum

building standards. A building warrant may also be required before you start the work, you

can verify this with your local authority building standards department.

Legal position: check the legal position to ensure that there are no restrictions on the

land or the type of work (for example Article 4 directions removing permitted development

rights, legal title or rights of way). You may wish to consult a professional such as a

planning consultant or solicitor.

Planning history: planning permission granted in the past may have a condition or other

restriction prohibiting the kind of work proposed. If in doubt check with your planning

authority.

Listed Buildings and Conservation Areas: Listed Building Consent may be needed

if you live in a listed building. If you live in a conservation area you may need to apply for

planning permission. If in doubt check with your planning authority.

Scheduled Monuments: Work proposed in or near a scheduled archaeological site

should be planned to avoid direct impact on the monument and impacts on its setting

minimised, where sites are not scheduled certain precautions may be required. If in doubt

check, for scheduled monuments check with Historic Scotland and for unscheduled sites

with your planning authority.

Other Consents: Check that the proposed work does not require a consent or approval

such as a road or advertisement consent or is causing an obstruction.

Other things to consider: a range of other issues like biodiversity, water mains and old

mine works are detailed in Section 8.

THINGS TO CHECK

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Figure 3

3. main concepts

3.1

This section explains in detail the concepts

that are fundamental to interpreting and

applying the legislation. These concepts are:

■

Principal Elevation a term used to identify

the “front” of the dwellinghouse

■

Fronting a Road is a way of determining if

the principal elevation, or side elevation, is

in the public domain

■

Front and Rear Curtilage is a way

of deﬁning the area of land used for

the comfortable enjoyment of the

dwellinghouse

■

Site Coverage is used to control the

overall amount of ground covered by

development

■

Original or Existing Dwellinghouse. The

original dwellinghouse is the dwellinghouse

as built or as it was on 1 July 1948 if

it was built before then. The existing

dwellinghouse is the house immediately

before carrying out the proposed

development

■

Height and Ground Level. How the height

of development is measured

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3. main concepts

Principal Elevation

3.2

The term principal elevation is used to identify

the “front” of a dwellinghouse. Whilst there are

exceptions, most dwellinghouses are designed

so that the “front” of the dwellinghouse faces

a road.

3.3

Having established the principal elevation, the

rear elevation will be the elevation opposite

the principal elevation. Side elevations will link

the principal and rear elevation.

Deﬁnition

3.4

The principal elevation is a reference to the

elevation of the original dwellinghouse which

by virtue of its design or setting, or both, is the

principal elevation. Where it is not immediately

obvious, a combination of the following factors

should be used to identify the principal

elevation:

■

location of main door

■

windows

■

relationship to road

■

boundary treatment

■

architectural ornamentation

3.5

It is unlikely that any single factor will be

decisive. The identiﬁcation of the principal

elevation should not be used to control

development. There can only be one principal

elevation. It is based on the design of the

original dwellinghouse.

3.6

Figures 1-4 on pages 9-10 illustrate how the

principal elevation can be identiﬁed in a variety

of common situations.

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3. main concepts

Figure 1: In this example the principal

elevation is the elevation that fronts the

road. It has the main door and is the obvious

orientation of the dwellinghouse. The side

elevation has no windows and has a shorter

length. The rear area is more private with a

higher fence.

Figure 4 (ii)

Figure 4 (i)

Figure 2: In this example the side elevation

has the main door and a longer length, it

has only a secondary window. The windows

in the principal elevation show the main

orientation of the dwellinghouse and it

fronts the road. The boundary treatment

indicates a more private rear area.

Figure 3: In this example the dwellinghouse

on the corner plot will face two roads.

However, the principal elevation has the

main door and fronts the same road as

the adjacent dwellinghouse. Opposite the

principal elevation is the private rear area.

The side elevation - although fronting a road

and having windows - does not reﬂect the

main orientation of the dwellinghouse.

Figure 4 (iii)

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3. main concepts

Figure 4: In this example of a Radburn-

type layout the principal and rear elevations

could be identical. However, the overall

setting and boundary treatment indicates

which elevation would be understood as

the “front” and “rear”. The side elevation has

windows and faces a road but is not the

principal elevation.

Figure 4 (iv)

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3. main concepts

Fronting a Road

3.7

It is important to determine the relationship

of the principal and side elevation to a road.

In the context of the householder permitted

development rights, “Fronts” means facing

onto a road and applies to both the principal

and side elevation. It is determined by a

number of factors including the angle of

the dwellinghouse to the road, the distance

between the dwellinghouse and the road and

the size of any intervening land.

3.8

Fronting is used in a number of classes as

a way of restricting permitted development.

Development is often not permitted if “any part

of the development would be forward of a wall

forming part of the principal elevation or side

elevation…”.

3.9

As illustrated in ﬁgures 5 and 6, an imaginary

line can be drawn that extends from the

principal elevation or side elevation to the

boundary, this is the land forward of the

principal elevation or side elevation.

Figure 7

Figure 8

3.10

Whilst ﬁgures 5 and 6, illustrate this concept

in common circumstances, there will be

situations where neither the principal nor the

side elevation front a road. In such cases,

development forward of a wall forming part

of the principal elevation or side elevation

may be permitted development subject to

compliance with other criteria in any given

class. Figures 7-11 illustrate situations where

the principal elevation may not front a road.

Figure 5

Figure 6

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3. main concepts

Figure 9: As the road bends, the side

elevation no longer fronts the road. Any

extension within the hatched areas would

require a planning application to the

planning authority.

Figure 9 C

Figure 7: Where there is no road. In this

example, development would be permitted

within any part of the curtilage of the

dwellinghouse at the top of the diagram as

long as it meets the site coverage, distance

from boundary, height restrictions any

other relevant restrictions for the type of

development.

Figure 8: Where the dwellinghouse is

sited at an angle. If an elevation is sited at

a very acute angle to a road, it may not be

considered to front a road. In this illustration

the dwellinghouse is judged to front a road.

Any extension within the shaded areas

would require a planning application to the

planning authority.

Figure 9 B

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3. main concepts

Figure 11: If there is intervening land between the curtilage of a dwellinghouse and a road,

it could no longer be argued as fronting the road. In this example, any development would

be permitted within the curtilage of the development as long as it meets the site coverage,

distance from boundary, height restrictions and any other relevant restrictions for the type of

development.

Figure 10: Within 20 metres of a road it is

considered unlikely that any elevation could

be argued to be too far from a road so that

it no longer fronts a road. Beyond

30 metres from a road, it is increasingly

likely that an elevation no longer fronts a

road. For distances in between, a judgement

would have to be made depending on fact

and degree. This will involve considering

factors such as topography, landscaping

and layout of any adjacent properties. In

this example, any developments would

be permitted within the curtilage of the

development as long as it meets the

site coverage, distance from boundary,

height restrictions and any other relevant

restrictions for the type of development.

Figure 9 D

Figure 9 E

50 metres

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3. main concepts

Front and Rear Curtilages

3.11

Once the principal elevation has been

identiﬁed, the front and rear curtilages can

be deﬁned. The front curtilage is all the land

forward of the principal elevation. The rear

curtilage is the remainder of the curtilage

of the original dwellinghouse. This may not

reﬂect any physical division, like fences, that

may exist.

Figure 5

Figure 6

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Figure 10

Proposal

Rear

Front

3. main concepts

A – Original dwellinghouse including

an integral garage built before 1948

C – A conservatory granted planning

permission in 1996

E – A greenhouse built

before 1948

B – An extension built as permitted

development in 1968

D – A swimming pool built as

permitted development in 1975

Figure 12: Calculating Site Coverage

In this example the total developed area comprises: the extension (B); conservatory (C) and

swimming pool (D) since these developments occurred since 1948 , together with the greenhouse

(E) as it was not attached to the original dwellinghouse.

Therefore, in this example

% of site coverage = Area of B + C + D + E + Proposal

Area of rear curtilage minus A

x 100

If the site coverage will be more than 50%, of the rear curtilage in this example, planning

permission is required.

Includes any hard surface or deck.

Site Coverage

3.12

The size of any proposed extension, shed

or other building must be such that the total

area undeveloped is at least half of the rear or

front curtilage. This is explained in ﬁgure 12.

In most circumstances, the limitation will only

relate to the rear curtilage. Where the principal

or side elevation does not front onto a road,

the limitation could also apply to the front

curtilage.

3.13

There is also a restriction to ensure that the

total area covered by all extensions (including

previous extensions) is not greater than the

area covered by the original dwellinghouse.

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3. main concepts

Original or Existing Dwellinghouse

3.14

It is important to differentiate between the

original dwellinghouse and the existing

dwellinghouse.

3.15

The original dwellinghouse is the

dwellinghouse as built or as it was on 1 July

1948 if it was built before then.

3.16

The existing dwellinghouse is the

dwellinghouse immediately before carrying

out the development proposal that is being

assessed. It does not include any outbuildings,

even where they were built at the same time

as the original dwellinghouse.

Heights and Ground Levels

3.17

For the purposes of Classes 1A to 3E of the

General Permitted Development Order, the

height of the development is measured from

the lowest part of the surface of the ground

adjacent to the building or structure.

3.18

In all other instances the height of the building

or structure is calculated from the highest

part of the surface of the ground immediately

adjacent to the building or structure.

3.19

The ground is the natural ground and would

not include any addition laid on top of the

natural ground.

Figure 11

Height

Ground line

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4. makinG cHanGes to a dwellinGHouse

4.1

The relevant permitted development rights for

the main types of householder developments

are explained within this section.

4.2

Permitted development rights for the different

types of development are described within a

“class”. Most classes are subject to limitation

and restrictions. The main householder classes

are grouped into the following categories:

Enlarging a dwellinghouse

Improvements, additions or other

alterations to a dwellinghouse that are

not an enlargement

Other developments within the curtilage

of a dwellinghouse

4.3

Permitted development rights for ﬂats are

detailed in Section 5.

4.4

Section 6 details permitted development

rights for microgeneration and Section 7

details the regulations for CCTV.

4.5

All the limitations within a class must

be complied with. In addition, permitted

development rights are removed if the

proposed development is to create or

materially widen a means of access to a

trunk road or classiﬁed road or creates an

obstruction that is likely to causes a hazard for

people using the road.

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4. makinG cHanGes to a dwellinGHouses – introduction to enlarGinG a dwellinGHouse

Introduction to Enlarging a

Dwellinghouse

4.6

It is important to understand the deﬁnition

of enlargement. Enlargement is deﬁned as

any development that increases the internal

volume of the original dwellinghouse and

includes a canopy or roof, with or without

walls, which is attached to the dwellinghouse,

but does not include a balcony. Therefore, a

car-port is an enlargement but a balcony is

not.

4.7

There are many types of enlargements. The

following 4 classes cover the most common

types of enlargements for dwellinghouses.

Single storey ground ﬂoor extension

Class 1A – Any enlargement of a

dwellinghouse by way of a single storey

ground ﬂoor extension, including any

alteration to the roof required for the

purpose of the enlargement.

This class covers the typical single storey

extension to the rear of the property. Typical

developments include conservatories, car-

ports as well as other canopies or roofs,

with or without walls.

Ground ﬂoor extension of more than

one storey

Class 1B – Any enlargement of a

dwellinghouse by way of a ground ﬂoor

extension consisting of more than one

storey including any alteration to the

roof required for the purpose of the

enlargement.

This class covers the typical 2 storey

extension. The limitations set a minimum

distance of 10 metres between the

extension and any boundary, since many

1½ storey and 2 storey extension are more

likely to have a greater impact than a single

storey extension. It is recognised that the

majority of extensions will not be able to

meet this criteria, therefore an application

for planning permission would be required

in most instances.

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4. makinG cHanGes to a dwellinGHouse – introduction to enlarGinG a dwellinGHouse

Porch

Class 1C – The erection, construction or

alteration of any porch outside any external

door of a dwellinghouse.

This class allows for the construction of a

small porch on any external door.

Enlargement of the roof

Class 1D – Any enlargement of a

dwellinghouse by way of an addition or

alteration to its roof.

This class allows for the construction of a

typical rear facing dormer.

4.8

These permitted development rights do NOT

apply to ﬂats.

4.9

If the proposed development falls into any of

the above classes and is in a conservation

area then an application to the planning

authority is required.

4.10

A listed building consent is required if the

proposed development affects the character

or setting of a listed building. A building

warrant from the local authority is also often

required, as explained in Section 2.

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4. makinG cHanGes to a dwellinGHouse – sinGle storey Ground Floor extensions

Single storey ground ﬂoor

extensions

SUMMARY

4.11

This is the most popular type of development.

Permitted development rights allow the

enlargement of a dwellinghouse by a single

storey ground ﬂoor extension. The permitted

development rights allow any alteration to

the roof required for the purpose of the

enlargement. In summary, the effect of the

limitations is that:

■

extensions are generally located to the rear

■

if the extension is on, or within 1 metre of

the boundary, it cannot project, from the

rear wall of the existing dwellinghouse, by

more than 3 metres in the case of terraced

house, or 4 metres in all other cases

■

the height of the eaves is a maximum of

3 metres

■

the height of the extension is not higher

than 4 metres

■

the footprint of the extension is no larger

than the original dwellinghouse or covering

more than half the curtilage

4.12

There are no permitted development rights

for single storey ground ﬂoor extensions in

conservation areas or for ﬂats. Listed building

consent will normally be required if your

building is Listed.

4.13

A building warrant from the local authority will

likely be required for this type of extension, as

explained in Section 2.

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4. makinG cHanGes to a dwellinGHouse – sinGle storey Ground Floor extensions

Figure 13, 19, 24, 27, 29 & 31

TECHNICAL EXPLANATION

4.14

If the extension exceeds any of the following

limits then an application for planning

permission is required.

4.15

Roof alterations relating to the extension

are also permitted. Other roof alterations

should be carried out using the other relevant

permitted development classes.

4.16

The extension cannot be forward of a wall

forming part of the principal elevation or side

elevation if that elevation is fronting a road.

The identiﬁcation of the principal elevation and

side elevations are discussed in paragraphs

3.2 – 3.6, whilst fronting a road is discussed at

3.7 – 3.10. This is illustrated in ﬁgure 13.

Figure 13: The shaded areas of the curtilage indicate where a single storey extension is

permitted as long as the other limitations are met.

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4.0 m

6.0 m

2.0 m

4.0 m

5.0 m

1.0 m

4. makinG cHanGes to a dwellinGHouse – sinGle storey Ground Floor extensions

4.1

If any part of the extension is within 1 metre

of the boundary of the curtilage, it can only

project from the line of the rear elevation

nearest to the boundary by 3 metres if a

terraced house or 4 metres in any other case.

4.18

This restriction does not apply to a side

extension that does not project beyond the

line of the rear elevation. For example if a side

extension, does extend beyond the line of the

rear wall and is within 1 metre of the

boundary, then it cannot project from the

rear wall nearest the boundary by more than

3 metres if a terraced house or 4 metres in

any another case.

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4. makinG cHanGes to a dwellinGHouse – sinGle storey Ground Floor extensions

4.19

The overall height of an extension can have a

signiﬁcant impact on neighbours. The eaves of

the extension cannot be higher than 3 metres.

The overall height of the extension cannot

exceed 4 metres.

4.20

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.

4.21

The area covered by all extensions, including

any existing and the proposed extension,

cannot be greater than the footprint of the

original dwellinghouse. This is to ensure that

the extension (including previous extensions)

is in proportion to the original dwellinghouse.

4.22

The proposed extension (including previous

extensions) and existing developments

cannot exceed half of the of the rear (or

front if appropriate) curtilage of the original

dwellinghouse. This is explained further in

paragraphs 3.12 – 3.13.

4.23

There are no Class 1A permitted development

rights in a conservation area or for ﬂats.

A listed building consent is required if the

proposed extension affects the character or

setting of a listed building.

4.24

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from http://www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

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4. makinG cHanGes to a dwellinGHouse – sinGle storey Ground Floor extensions

Class 1A.—

(1) Any enlargement of a dwellinghouse by way of a single storey ground ﬂoor extension, including any

alteration to the roof required for the purpose of the enlargement.

(2) Development is not permitted by this class if—

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation

where that elevation fronts a road;

(b) any part of the development would be within 1 metre of the boundary of the curtilage of the dwellinghouse and

it would extend beyond the line of the wall forming part of the rear elevation that is nearest that boundary by more

than—

(i) 3 metres in the case of a terrace house; or

(ii) 4 metres in any other case;

(d) any part of the development would exceed 4 metres in height;

(e) as a result of the development the area of ground covered by the resulting dwellinghouse would be more than

twice the area of ground covered by the original dwellinghouse;

(f) as a result of the development the area of ground covered by development within the front or rear curtilage of

the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the

area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard

surface or deck); or

(g) it would be within a conservation area.

LEGISLATION

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4. makinG cHanGes to a dwellinGHouse – Ground Floor extension oF more tHan a one storey

Ground ﬂoor extension of more

than a one storey

SUMMARY

=0.

4.25

Permitted development rights allow the

enlargement of a dwellinghouse by the way of

a ground ﬂoor extension consisting of more

than one storey. The permitted development

rights also allow any alteration to the roof

required for the purpose of the enlargement. In

summary, the effect of the limitations is that:

■

extensions are generally located to the rear

■

the distance between the extension and

any boundary is a minimum of 10 metres

■

the height of the extension is not higher

than the existing dwellinghouse

■

the footprint of the extension is not larger

than the original dwellinghouse or covering

more than half the curtilage

Figure 18

4.26

Many 1½ storey and 2 storey extensions

are more likely to have a greater impact than

a single storey extension. It is recognised

that the majority of 1½ storey and 2 storey

extensions will require an application for

planning permission.

4.27

There are no permitted development rights in

conservation areas or for ﬂats. Listed building

consent will normally be required if your

building is Listed.

4.28

A building warrant from the local authority

will be required for this type of extension, as

explained in Section 2.

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4. makinG cHanGes to a dwellinGHouse – Ground Floor extension oF more tHan a one storey

TECHNICAL EXPLANATION

4.29

If the extension exceeds any of the following

limits then an application for planning

permission is required.

4.30

The extension cannot be forward of a wall

forming part of the principal elevation or side

elevation if that elevation is fronting a road.

The identiﬁcation of the principal elevation and

side elevations are discussed in paragraphs

3.2 – 3.6, whilst fronting a road is discussed

at 3.7 – 3.10. This is illustrated in ﬁgure 14.

Figure 13, 19, 24, 27, 29 & 31

Figure 14: The shaded areas of the curtilage indicate where an extension of more than a

single storey is permitted as long as the other limitations are met.

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4. makinG cHanGes to a dwellinGHouse – Ground Floor extension oF more tHan a one storey

4.31

1½ storey or 2 storey extensions are more

likely to have a visual impact, potentially

causing overshadowing or overlooking. No

part of the extension can therefore be within

10 metres of any boundary of the curtilage.

4.32

The overall height of the extension cannot be

higher than the existing roof. This would be

the ridge of the roof. Roof alterations relating

to the extension are also permitted. Other roof

alterations should be carried out using the

other relevant classes.

4.33

The area covered by all extensions, including

any existing and the proposed extension,

cannot be greater than the footprint of the

original dwellinghouse. This is to ensure that

the extension (including previous extensions)

is in proportion to the original dwellinghouse.

4.34

The proposed extension (including previous

extensions) and existing developments cannot

exceed half of the rear (or front if appropriate)

curtilage of the original dwellinghouse. This is

explained further in paragraphs 3.11 – 3.13.

4.35

There are no Class 1B permitted development

rights in a conservation area or for ﬂats.

A listed building consent is required if the

proposed extension affects the character or

setting of a listed building.

4.36

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from http://www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

Figure 20 & 24

10.0 m

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4. makinG cHanGes to a dwellinGHouse – Ground Floor extension oF more tHan a one storey

Class 1B.—

(1) Any enlargement of a dwellinghouse by way of a ground ﬂoor extension consisting of more than one

storey, including any alteration to the roof required for the purpose of the enlargement.

(2) Development is not permitted by this class if—

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation

where that elevation fronts a road;

(b) any part of the development would be within 10 metres of the boundary of the curtilage of the dwellinghouse;

dwellinghouse, when measured at the highest part of the roof and excluding any chimney;

(d) as a result of the development the area of ground covered by the resulting dwellinghouse would be more than

twice the area of ground covered by the original dwellinghouse;

(e) as a result of the development the area of ground covered by development within the front or rear curtilage of

the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the

area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard

surface or deck); or

(f) it would be within a conservation area.

LEGISLATION

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< 3.0 m

> 2.0 m

a x b < 3.0 m

4. makinG cHanGes to a dwellinGHouse – Ground Floor extension oF more tHan a one storey

Porch

4.37

Permitted development rights allow the

erection, construction or alteration of any

porch outside any external door of a

dwellinghouse. The limitations are:

■

the porch cannot have a footprint of greater

than 3 square metres

■

the minimum distance between the porch

and any boundary and a road is more than

2 metres

■

the height of the porch cannot be higher

than 3 metres

4.38

If the porch exceeds any of the above limits

then an application for planning permission is

required.

4.39

There are no permitted development rights

for porches in a conservation area or for a

ﬂat. A listed building consent is required if the

proposed extension affects the character or

setting of a listed building.

4.40

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from http://www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk

4.41

A building warrant from the local authority

may be required for porches, as explained in

Section 2.

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4. makinG cHanGes to a dwellinGHouse – Ground Floor extension oF more tHan a one storey

Class 1C.—

(1) The erection, construction or alteration of any porch outside any external door of a dwellinghouse.

(2) Development is not permitted by this class if—

(a) its footprint would exceed 3 square metres;

(b) any part of it would be within 2 metres of a boundary between the curtilage of the dwellinghouse and a road;

(d) it would be within a conservation area.

LEGISLATION

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4. makinG cHanGes to a dwellinGHouse – enlarGement oF tHe rooF

Enlargement of the roof

SUMMARY

4.42

Permitted development rights allow the

enlargement of a dwellinghouse by way of

an addition or alteration to its roof. This class

typically relates to the addition of a dormer.

A badly designed dormer can harm the

appearance of a dwellinghouse. The larger the

dormer, the more challenging it is to produce

a good design. In summary, the effect of the

limitations is that:

■

dormers are generally located to the rear

■

the distance between the dormer and

boundary it fronts is a minimum of

10 metres

■

the height of the dormer is not higher than

the existing dwellinghouse

■

the dormer, or dormers, covers less than

half the roof

■

the distance between the dormer and

the edge of the roof is a minimum of

0.3 metres

4.43

There are no permitted development rights to

enlarge a roof in a conservation area. Listed

building consent will normally be required if

your building is Listed.

4.44

Building standards may apply and a building

warrant from the local authority may be

required for this type of development as

explained in Section 2.

Figure 23

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4. makinG cHanGes to a dwellinGHouse – enlarGement oF tHe rooF

TECHNICAL EXPLANATION

4.45

If the development exceeds any of the

following limits then an application for

planning permission is required.

4.46

Figure 15 overleaf illustrates the restrictions

for a dormer, the highlighted areas indicate

where the development is not permitted as

long as the other limitations are met.

4.47

There are no permitted development rights

in a conservation area or for ﬂats. A listed

building consent is required if the proposed

development affects the character or setting

of a listed building.

4.48

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

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4. makinG cHanGes to a dwellinGHouse – enlarGement oF tHe rooF

4.49

The development cannot be part of the

roof forming the principal elevation or side

elevation if that elevation is fronting a road.

The identiﬁcation of the principal elevation and

side elevations are discussed in paragraphs

3.2 – 3.6, whilst fronting a road is discussed at

3.7 – 3.10.

4.50

Any enlargement or alteration to a roof is likely

to have a visual impact and potentially cause

overlooking. The development must be at least

10 metres from the boundary that it fronts.

4.51

The dormer must not exceed half the width of

the roof plane (the width of the roof plane is

measured at the eaves line). The development

must be at least 0.3 metres from the edge of

the roof plane, for example the ridge of the

roof or the edge of a hipped roof.

4.52

The overall height of the dwellinghouse

cannot be increased as a result of the

development. This is measured against the

existing ridge of the roof.

10.0 m

0.3 m

a + b ≤ 1/2 x

Figure 25

Figure 15: Roof enlargements

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4. makinG cHanGes to a dwellinGHouse – enlarGement oF tHe rooF

Class 1D.—

(1) Any enlargement of a dwellinghouse by way of an addition or alteration to its roof.

(2) Development is not permitted by this class if—

(a) it would be on a roof plane forming part of the principal elevation or side elevation where that elevation fronts a

road;

(b) it would be on a roof plane and would be within 10 metres of the boundary of the curtilage of the dwellinghouse

which that roof plane fronts;

dwellinghouse, when measured at the highest part of the roof and excluding any chimney;

(d) its width would exceed half the total width of the roof plane, measured at the eaves line, of the dwellinghouse;

(e) any part of the development would be within 0.3 metres of any edge of the roof plane of the dwellinghouse; or

(f) it would be within a conservation area.

LEGISLATION

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4. makinG cHanGes to a dwellinGHouse – introduction to improvements, additions or alterations to a dwellinGHouse tHat are not

an enlarGement

Introduction to improvements,

additions or alterations to a

dwellinghouse that are not an

enlargement

4.53

There are many types of alterations or

improvements to a dwellinghouse that

are not enlargement. The most common

types of alterations or improvements to a

dwellinghouses are described in classes 2A

and 2B.

Access Ramps

Class 2A – The erection, construction or

alteration of any access ramp outside any

external door of a dwellinghouse.

This class allows small ramps to

be attached to any external door of

dwellinghouse so long as certain limitations

are met. The ramp is not longer than

5 metres and the overall length of ramp

and landings is not longer than 9 metres.

The ramp is not higher than 0.4 metres and

the combined height of the ramp and any

handrail does not exceed 1.5 metres.

Improvements or alterations that are not

an enlargement, including replacement

windows, solar panels, ﬂues and

satellite dishes etc

Class 2B – Any improvement, addition or

other alteration to the external appearance of

a dwellinghouse that is not an enlargement.

This class is best visualised as a 1 metre

bubble surrounding the walls and roof of

a dwellinghouse. A householder can add a

wide range of different types of development

without having to apply for planning

permission.

Wind turbines, balconies, raised terraces or

platforms are not permitted by this class.

4.54

These permitted development rights do NOT

apply to ﬂats.

4.55

If the proposed development falls into any of

the above classes and is in a conservation

area then an application to the planning

authority is required.

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< 0.4 m

< 1.5 m

Flight 2

Flight 1

Landing 2

Landing 1

4. makinG cHanGes to a dwellinGHouse – access ramps

4.58

Scottish Building Standards require

ramps to be safe. Supporting guidance,

including information on suitable

gradients and lengths of ramp, can be

found in section 4.3 of the Scottish

Building Standards Technical Handbook

available from www.scotland.gov.uk/bsd.

4.59

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

4.60

When measuring the height of the

development on sloping or uneven ground, the

height should be measured from the lowest

point immediately adjacent to the ramp.

Access Ramps

4.56

Permitted development rights allow the

erection, construction or alteration of any

access ramp outside any external door of a

dwellinghouse. The limitations are:

■

the length of all ﬂights cannot be more than

5 metres

■

the length of all ﬂights and landings cannot

be more than 9 metres

■

the height of the access ramp, including

associated handrails, cannot be higher

than1.5 metres

■

the height of the platform cannot be higher

than 0.4 metres

4.57

If the access ramp exceeds any of the above

limits, or is in a conservation area, or within

the curtilage of a listed building, then an

application for planning permission is required.

Listed building consent is required if the

proposed access ramp affects the character or

setting of a listed building.

Landing 3

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4. makinG cHanGes to a dwellinGHouse – access ramps

Class 2A.—

(1) The erection, construction or alteration of any access ramp outside an external door of a dwellinghouse.

(2) Development is not permitted by this class if—

(a) the combined length of all ﬂights forming part of the access ramp would exceed 5 metres;

(b) the combined length of all ﬂights and landings forming part of the access ramp would exceed 9 metres;

(d) the combined height of the ramp and any wall (excluding any external wall of the dwellinghouse), fence,

balustrade, handrail or other structure attached to it would exceed 1.5 metres; or

(e) it would be within a conservation area or within the curtilage of a listed building.

LEGISLATION

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4. makinG cHanGes to a dwellinGHouse - improvements or alterations tHat are not an enlarGement, includinG replacement

windows, solar panels, Flues and satellite disHes etc

Improvements or alterations that

are not an enlargement, including

replacement windows, solar

panels, ﬂues, and satellite dishes

etc

4.61

Permitted development rights allow any

improvement, addition or other alteration to

the external appearance of a dwellinghouse

that is not an enlargement. This is best

visualised as a 1 metre bubble surrounding

the dwellinghouse. A householder can

therefore carry out a wide range of different

types of development without having to apply

for planning permission. This class also covers

the installation, alteration or replacement of

solar PV or solar thermal equipment.

4.62

If the development exceeds any of the

following limits then an application for

planning permission is required.

4.63

The development must not enlarge the

dwellinghouse. This means that the

development cannot increase the internal

volume of the original building. This includes

a canopy or roof, with or without wall, which is

attached to the building but does not include a

balcony.

4.64

The development must not project by more

than 1 metre from the wall or roof.

4.65

The following types of development are not

permitted by this class:

balcony, roof terrace or raised platform

wind turbine

4.66

The following developments are also not

permitted as they are permitted by other

classes:

■

access ramps

■

a range of building or engineering

operations including garden works, oil tanks

■

a ﬂue forming part of biomass heating

system

■

ﬂue forming part of combined heat and

power system

■

air source heat pump

■

CCTV

4.67

Section 6 discusses the installation, alteration

or replacement of a biomass heating system

ﬂue or a combined heat and powers system

ﬂue or air source heat pump.

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4. makinG cHanGes to a dwellinGHouse - improvements or alterations tHat are not an enlarGement, includinG replacement

windows, solar panels, Flues and satellite disHes etc

4.68

To ensure that the general character of an

area is maintained, there is a condition that

materials used for any roof covering must

be similar in appearance to the existing roof.

Solar PV or solar thermal panels are not

considered to be a roof covering.

4.69

An alteration to the external appearance

would allow the painting (or repainting) of the

property. It would also allow the painting or

attaching of an advertisement to the property.

While an application for planning consent

may not be required by virtue of this class, an

application for advertisement consent may be

required under the Town and Country Planning

(Control of Advertisements) (Scotland)

Regulations 1984 depending on the nature

and size of any such advertisement.

4.70

There are no Class 2B permitted development

rights in a conservation area. Listed

building consent is required if the proposed

development affects the character or setting

of a listed building.

4.71

A building warrant from the local authority may

be required, as explained in Section 2.

4.72

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from http://www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

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Class 2B.—

(1)Any improvement, addition or other alteration to the external appearance of a dwellinghouse that is not an

enlargement.

(2) Development is not permitted by this class if—

(a) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney

of the dwellinghouse;

(b) it would be a wind turbine;

(d) it would be on the roof and would result in a raised platform or terrace;

(e) it would be within a conservation area; or

(f) it would be development described in class 2A(1), 3B(1), 6C(1), 6F(1), 6H(1) or 72(1).

(3) Development is permitted by this class subject to the condition that the materials used for any roof covering must be

as similar in appearance to the existing roof covering as is reasonably practicable.

LEGISLATION

4. makinG cHanGes to a dwellinGHouse - improvements or alterations tHat are not an enlarGement, includinG replacement

windows, solar panels, Flues and satellite disHes etc

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4. makinG cHanGes to a dwellinGHouse - introduction to otHer development witHin tHe curtilaGe oF a dwellinGHouse

Introduction to other development

within the curtilage of a

dwellinghouse

4.73

There are many other types of developments

that can happen within the curtilage of

dwellinghouse. The following 5 classes cover

the most common types of developments.

Installation of microgeneration equipment is

discussed in Section 6.

Ancillary buildings including sheds,

garages, sun-houses, greenhouses

etc.

Class 3A – The provision within the

curtilage of a dwellinghouse of any

building required for a purpose incidental

to the enjoyment of a dwellinghouse or

the maintenance or improvement of such

a building.

This class generally allows the provision of

any building incidental to the enjoyment of

the dwellinghouse if it is in the rear

curtilage. In the main this covers sheds,

garages, greenhouses etc.

In the case of dwellinghouses in a

conservation area or within the curtilage of a

listed building, the ﬂoor area of the ancillary

building can not exceed 4 square metres.

Any building, engineering, installation

or other operation

Class 3B – The carrying out of any building,

engineering, installation or other operation

within the curtilage of a dwellinghouse,

required for a purpose incidental to the

enjoyment of that dwellinghouse.

This class generally allows for the carrying

out of an operation within the rear curtilage

of a dwellinghouse not covered by other

classes. Typical development permitted by

this class include free-standing solar panels,

ﬂag poles, swimming pools, oil tanks etc.

This permitted development rights does not

apply in conservation areas or within the

curtilage of a listed building.

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4. makinG cHanGes to a dwellinGHouse - introduction to otHer development witHin tHe curtilaGe oF a dwellinGHouse

Decking or other raised platform

Class 3D – The erection, construction,

maintenance, improvement or alteration of

any deck or other raised platform within

the curtilage of a dwellinghouse for any

purpose incidental to the enjoyment of the

dwellinghouse.

This class generally permits the

construction of a deck or other raised

platform in the rear garden so long as the

ﬂoor level does not exceed 0.5 metres and

the combined height of the deck and any

attached balustrade or screening does not

exceed 2.5 metres.

In the case of land in a conservation area or

within the curtilage of a listed building, the

footprint of the deck cannot exceed

4 square metres.

Hard surface

Class 3C – 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.

This class generally permits the

construction or replacement of a hard

surface. If the hard surface is between

the dwellinghouse and a road then the

materials used should be permeable or,

alternatively, rain water run off should be to

a permeable surface within the curtilage.

This permitted development rights for hard

surfaces does not apply in conservation

areas or within the curtilage of a listed

building.

Gates, fences, walls or other means of

enclosure

Class 3E – The erection, construction,

maintenance, improvement or alteration

of any gate, fence, wall or other means

of enclosure any part of which would be

within or would bound the curtilage of a

dwellinghouse.

The overall height of the gate, fence, wall or

other means of enclosure must not exceed

2 metres. However, if it fronts a road or

comes forward of the principal elevation or

side elevation nearest a road then it cannot

exceed 1 metre. Where an existing gate,

fence, wall or other means of enclosure is

replaced or altered the height limit is either

1 metre or 2 metre or, if greater than these,

the height of the original structure.

These permitted development rights do not

apply in a conservation area or within the

curtilage of a listed building.

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4. makinG cHanGes to a dwellinGHouse – ancillary BuildinGs includinG sHeds, GaraGes, GreenHouses etc

Ancillary buildings including

sheds, garages, greenhouses etc

SUMMARY

4.74

Permitted development rights allow for

the provision of any building required for a

purpose incidental to the enjoyment of the

dwellinghouse. Typical developments include

sheds, garages, sun-houses and greenhouses.

In summary, the effect of the limitations is that:

■

ancillary buildings are generally

located to the rear

■

at least half the curtilage remains

undeveloped

■

the height of the building is not higher than

4 metres and the sections within 1 metre

of the boundary would be higher than

2.5 metres

■

the height of the eaves is not higher than

3 metres

4.75

In the case of dwellinghouses in a

conservation area or within the curtilage of

a listed building development is permitted

development as long as the footprint of the

ancillary building does not exceed 4 square

metres. Listed building consent is required

if the proposed development affects the

character or setting of a listed building.

4.76

A building warrant from the local authority may

be required for these types of developments,

as explained in Section 2.

Figure 28

< 3.0 m

< 2.5 m

< 4.0 m

1.0 m

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4. makinG cHanGes to a dwellinGHouse – ancillary BuildinGs includinG sHeds, GaraGes, GreenHouses etc

TECHNICAL EXPLANATION

4.77

If the building exceeds any of the following

limits then an application for planning

permission is required.

4.78

The building cannot be used as a separate

dwelling.

4.79

The building cannot be forward of a wall

forming part of the principal elevation or side

elevation if that elevation is fronting a road.

The identiﬁcation of the principal elevation and

side elevations are discussed in paragraphs

3.2 – 3.6, whilst fronting a road is discussed at

3.7 – 3.10.

4.80

This is illustrated below, the shaded areas

of the curtilage indicate where an ancillary

building is permitted as long as the other

limitations are met.

4.81

The overall height of a building can have a

signiﬁcant impact on neighbours. The eaves

of the building cannot be higher than

3 metres. The height of the building cannot

exceed 4 metres.

4.82

The parts of the building within 1 metre of a

boundary must not be higher than 2.5 metres.

This is illustrated on page 43.

4.83

When measuring the height of the

development on sloping or uneven ground, the

height should be measured from the lowest

point immediately adjacent to the extension.

4.84

The proposed development and existing

developments (including extensions, sheds,

garages) cannot exceed half of the of the rear

(or front if appropriate) curtilage of the original

dwellinghouse, this is explained in paragraphs

3.11 – 3.12.

4.85

In the case of dwellinghouses in a

conservation area or within the curtilage of a

listed building, the ﬂoor area of the ancillary

building cannot exceed 4 square metres.

A listed building consent is required if the

proposed development affects the character

or setting of a listed building.

4.86

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

Figure 13, 19, 24, 27, 29 & 31

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4. makinG cHanGes to a dwellinGHouse – ancillary BuildinGs includinG sHeds, GaraGes, GreenHouses etc

Class 3A.—

(1) The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the

enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.

(2) Development is not permitted by this class if—

(a) it consists of a dwelling;

(b) any part of the development would be forward of a wall forming part of the principal elevation or side elevation

where that elevation fronts a road;

(d) any part of the development would exceed 4 metres in height;

(e) any part of the development within 1 metre of the boundary of the curtilage of the dwellinghouse would exceed

2.5 metres in height;

(f) as a result of the development the area of ground covered by development within the front or rear curtilage of

the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the

area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard

surface or deck); or

(g) in the case of land in a conservation area or within the curtilage of a listed building, the resulting building would

have a footprint exceeding 4 square metres.

LEGISLATION

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4. makinG cHanGes to a dwellinGHouse - any BuildinG, enGineerinG, installation or otHer operation

Any building, engineering,

installation or other operation

SUMMARY

4.87

Permitted development rights allow for the

carrying out of works within the rear curtilage

of a dwellinghouse not covered by other

classes. It is intended to apply to garden

works, free-standing solar panels, ﬂag poles,

swimming pools and oil tanks. In summary, the

effect of limitations is that:

■

the development is generally located in the

rear

■

the height of the resulting structure is not

higher than 3 metres

■

at least half the curtilage remains

undeveloped

4.88

This permitted development rights do not apply

in conservation areas or within the curtilage of

a listed building.

4.89

A building warrant from the local authority may

be required for these types of developments,

as explained in Section 2.

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4. makinG cHanGes to a dwellinGHouse - any BuildinG, enGineerinG, installation or otHer operation

TECHNICAL

4.90

If the development exceeds any of the

following limits then an application for planning

permission is required.

4.91

Building operation is included in the

description, as in terms of the deﬁnition of

development and includes a wider range of

development than just the provision of an

actual building.

4.92

The development cannot be forward of a wall

forming part of the principal elevation or side

elevation if that elevation is fronting a road.

The identiﬁcation of the principal elevation and

side elevations are discussed in paragraphs

3.2 – 3.6, whilst fronting a road is discussed at

3.7 – 3.10.

4.93

This is illustrated below, the shaded areas of

the curtilage indicate where works is permitted

as long as the other limitations are met.

4.94

The overall height of the development can

have a signiﬁcant impact on neighbours.

The development cannot be higher than

3 metres. When measuring the height of the

development on sloping or uneven ground, the

height should be measured from the lowest

point immediately adjacent to the development.

Figure 13, 19, 24, 27, 29 & 31

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4. makinG cHanGes to a dwellinGHouse - any BuildinG, enGineerinG, installation or otHer operation

4.95

The proposed development and existing

developments (including extensions, sheds,

garages etc.) cannot exceed half of the rear

curtilage (or front if appropriate) curtilage of

the original dwellinghouse, this is explained in

paragraphs 3.12 – 3.13.

4.96

The following types of development are not

permitted by this class, as these types of

developments are permitted by other classes:

■

ancillary buildings

■

hard surface

■

decking

■

gate, fence, wall or other means of

enclosure

■

ground source heat pump

■

water source heatpump

■

free-standing wind turbine

■

air source heat pump

■

means of access

4.97

There are no Class 3B permitted development

rights in a conservation area or within the

curtilage of a listed building. An application to

the planning authority is required.

4.98

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

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4. makinG cHanGes to a dwellinGHouse - any BuildinG, enGineerinG, installation or otHer operation

Class 3B.—

(1) The carrying out of any building, engineering, installation or other operation within the curtilage of a

dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

(2) Development is not permitted by this class if—

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation

where that elevation fronts a road;

(b) any resulting structure would exceed 3 metres in height;

the dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) would exceed 50% of the

area of the front or rear curtilage respectively (excluding the ground area of the original dwellinghouse and any hard

surface or deck);

(d) it would be within a conservation area or within the curtilage of a listed building; or

(e) it would be development described in class 3A(1), 3C(1), 3D(1), 3E(1), 6D, 6E, 6G(1), 6H(1) or 8.

LEGISLATION

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4. makinG cHanGes to a dwellinGHouse – Hard surFace

Hard surface

4.99

Permitted development rights allow the

construction or replacement of a hard surface

within the curtilage of a dwellinghouse.

4.100

If the hard surface exceeds any of the

following limits then an application for

planning permission is required.

4.101

If the hard surface is located between the

dwellinghouse and a road, then it must be

constructed of a porous material or that

provision is made for surface water run off

to be directed to a porous area within the

curtilage of the dwellinghouse.

4.102

This provision is introduced following a review

of extreme ﬂooding events and concerns

expressed by regulatory authorities and water

companies that the cumulative impact of

small increases in hard surfacing is leading

to increased run off into road drains that

ultimately ﬂow into watercourses or sewage

treatment works. The intention of the condition

is to encourage householders to adopt the

principles of source control.

4.103

The Department of Communities and Local

Government has produced separate guidance

on permeable paving. This can be found

at: www.communities.gov.uk/documents/

planningandbuilding/pdf/pavingfrontgardens.pdf.

4.104

Planning permission is required for a hard

surface in conservation areas and in the

curtilage of listed buildings. A building

warrant from the local authority may

be required, as explained in Section 2.

4.105

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from: www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

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4. makinG cHanGes to a dwellinGHouse – Hard surFace

Class 3C.—

(1) The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the

enjoyment of that 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.

(3) Development is permitted by this class subject to the condition that where the hard surface would be located

between the dwellinghouse and a road bounding the curtilage of the dwellinghouse—

(a) the hard surface must be made of porous materials; or

(b) provision must be made to direct run off water from the hard surface to a permeable or porous area or surface

within the curtilage of the dwellinghouse.

LEGISLATION

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4. makinG cHanGes to a dwellinGHouse – deckinG or otHer raised platForm

Decking or other raised platform

SUMMARY

4.106

Permitted development rights allow the

erection, construction, maintenance,

improvement or alteration of any deck or

other raised platform within the curtilage of a

dwellinghouse. In summary, the effect of the

limitations is that:

■

decks are generally located to the rear

■

the height of the ﬂoor level does not

exceed 0.5 metre

■

the total height of the deck, including any

attached structure does not exceed

2.5 metres

4.107

If the deck, or raised platform, is in a

conservation area or within the curtilage of

listed building the maximum size of the deck,

or raised platform, is 4 square metres. There

are no permitted development rights for ﬂats.

4.108

A building warrant from the local authority

may be required for the deck or other raised

platform, as explained in Section 2.

Figure 32

< 2.5 m

0.5 m

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4. makinG cHanGes to a dwellinGHouse – deckinG or otHer raised platForm

TECHNICAL EXPLANATION

4.109

If the deck, or raised platform, exceeds any

of the following limits then an application for

planning permission is required.

4.110

Decks cannot be forward of a wall forming

part of the principal elevation or side elevation

if that elevation is fronting a road. The

identiﬁcation of the principal elevation and

side elevations are discussed in paragraphs

3.2 – 3.6, whilst fronting a road is discussed at

3.7 – 3.10.

4.111

This is illustrated below, the shaded areas of

the curtilage indicate where an extension is

permitted as long as the other limitations are

met.

4.112

The maximum height of the platform of the

decking is 0.5 metre. The total height if, for

example screens are attached, is 2.5 metres.

4.113

When measuring the height of the deck

on sloping or uneven ground, the height

should be measured from the lowest point

immediately adjacent to the decking.

4.114

The size of decking in conservation areas

and within the curtilage of listed buildings is

restricted to 4 square metres to be permitted

development.

4.115

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

Figure 13, 19, 24, 27, 29 & 31

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4. makinG cHanGes to a dwellinGHouse – deckinG or otHer raised platForm

Class 3D.—

(1) The erection, construction, maintenance, improvement or alteration of any deck or other raised platform

within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of that dwellinghouse.

(2) Development is not permitted by this class if—

(a) any part of the development would be forward of a wall forming part of the principal elevation or side elevation

where that elevation fronts a road;

(b) the ﬂoor level of any part of the deck or platform would exceed 0.5 metres in height;

exceed 2.5 metres; or

(d) in the case of land within a conservation area or within the curtilage of a listed building the deck or platform

would have a footprint exceeding 4 square metres.

LEGISLATION

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4. makinG cHanGes to a dwellinGHouse – Gates, Fences, walls or otHer means oF enclosure

Gates, fences, walls or other

means of enclosure

4.116

Permitted development rights allow the

erection, construction, maintenance,

improvement or alteration of any gate,

fence, wall or other means of enclosure.

4.117

If the gate, fence, wall or other means of

enclose exceeds the following limits then

an application for planning permission

is required.

4.118

The maximum height of any gate, fence, wall

or other means of enclosure is 2 metres.

Whilst its maximum height 1 metre if it fronts

a road (explained in paragraphs 3.9 - 3.10)

or comes forward of the principal elevation or

side elevation nearest a road. Identifying the

principal elevation is explained in paragraphs

3.2 – 3.6.

4.119

When measuring the height of the

development on sloping or uneven ground, the

height should be measured from the lowest

point immediately adjacent to the gate, fence,

wall or other means of enclosure.

4.120

The replacement or alteration of an existing

gate, fence, wall or other means of enclosure

to its original height is permitted. For example,

an existing 1.2 metre fence forward of the

principal elevation can be replaced with

a fence up to 1.2 metres in height. If the

replacement fence is higher than 1.2 metres

then an application for planning permission

would be required. Alternatively, if replacing a

0.8 metre high fence forward of the principal

elevation it can be replaced by with a fence up

to 1 metre in height.

4.121

Planning permission is needed for gates,

fences, wall or other mean of enclosure in

conservation areas and in the curtilage of

listed buildings.

4.122

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

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4. makinG cHanGes to a dwellinGHouse – Gates, Fences, walls or otHer means oF enclosure

Class 3E.—

(1) The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other

means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

(2) Development is not permitted by this class if—

(a) any part of the resulting gate, fence, wall or other means of enclosure would exceed 2 metres in height;

(b) any part of the resulting gate, fence, wall or other means of enclosure would exceed one metre in height where

it—

(i) fronts a road; or

(ii) extends beyond the line of the wall of the principal elevation or side elevation that is nearest a road;

greater of the original height or the heights described in sub-paragraphs (a) and (b);

(d) it would be within a conservation area; or

(e) it would be within, or bound, the curtilage of a listed building.

LEGISLATION

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5. makinG cHanGes to a Flat

5.1

Due to the vast variety of ﬂats, it is not

possible to provide extensive permitted

development rights for ﬂats.

5.2

A ﬂat is deﬁned as 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”.

5.3

The speciﬁc permitted development rights for

ﬂats are detailed below. Other relevant classes

include:-

■

Class 7: construction of gate, fences, walls

and other means of enclosure

■

Class 72: Closed Circuit Television Cameras

(CCTV).

Improvements or alterations that

are not an enlargement, including

replacement windows, solar

panels, ﬂues, satellite dishes

SUMMARY

5.4

Permitted development rights allow any

improvement or other alteration to the external

appearance of a dwelling situated within a

building containing one or more ﬂats that is

not an enlargement. This is best visualised as

a 1 metre bubble surrounding a ﬂat. A wide

range of different types of developments are

permitted without having to apply for planning

permission, including the installation, alteration

or replacement of solar PV or solar thermal

equipment. In summary, the effect of the

limitations is that:

■

the development does not enlarge the ﬂat

■

the distance any development can project

from the walls and roof of the ﬂat is not

more than 1 metre

■

the development is not a balcony, roof

terrace or raised platform, wind turbine,

a ﬂue forming part of biomass heating

system, ﬂue forming part of combined heat

and power system, air source heat pump,

CCTV or an enlargement

5.5

There are no permitted development rights in

a conservation area or within the curtilage of

a listed building. A listed building consent is

required if the proposed development affects

the character or setting of a listed building.

5.6

A building warrant from the local authority may

be required, as explained in Section 2.

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5. makinG cHanGes to a Flat – improvements or alterations tHat are not an enlarGment, includinG replacement windows, solar

panels, Flues and satellite disHes etc.

TECHNICAL EXPLANATION

5.7

If the development exceeds any of the

following limits then an application for

planning permission is required.

5.8

The development must not enlarge the ﬂat.

This means that the development cannot

increase the internal volume of the original

building. Enlargement includes a canopy or

roof, with or without wall, which is attached to

the building but does not include a balcony.

5.9

The development must not project by more

than 1 metre from the wall or roof.

5.10

The size of windows and doors cannot be

altered. An application for planning permission

is required if, for example, a larger window is

created from 2 smaller windows or a window

is converted into a door which is larger than

the window.

5.11

The development cannot be a balcony or, if

it is on the roof, a raised platform or terrace.

The following types of development are not

permitted by this class because they are

permitted by other classes:

■

wind turbine

■

biomass heating system ﬂue

■

combined heat and powers system ﬂue

■

air source heat pump

■

CCTV

5.12

There are no Class 4A permitted development

rights for conservation areas or within

the curtilage of a listed building. Planning

authorities will be able to conﬁrm whether

a property is located within a conservation

area. Information on listed buildings is

available from: www.historic-scotland.gov.uk/

historicandlistedbuildings

or www.environment.scotland.gov.uk.

5.13

Section 6 discusses the installation, alteration

or replacement of a biomass heating system

ﬂue or a combined heat and powers system

ﬂue or air source heat pump.

5.14

An alteration to the external appearance of a

ﬂat would allow the painting (or repainting) of

the property. It would also allow the painting or

attaching of an advertisement to the property.

While an application for planning permission

may not be required by virtue of this class, an

application for advertisement consent may be

required under the Town and Country Planning

(Control of Advertisements) (Scotland)

Regulations 1984 depending on the nature

and size of any such advertisement.

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Class 4A.—

(1) Any improvement or other alteration to the external appearance of a dwelling situated within a building

containing one or more ﬂats.

(2) Development is not permitted by this class if—

(a) it would be an enlargement;

(b) it would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney;

(d) it would be a balcony;

(e) it would be on the roof and would result in a raised platform or terrace;

(f) it would be a wind turbine;

(g) it would be within a conservation area or within the curtilage of a listed building; or

(h) it would be development described in class 6C(1), 6F(1) or 6H(1) or 72(1).

LEGISLATION

5. makinG cHanGes to a Flat – improvements or alterations tHat are not an enlarGment, includinG replacement windows, solar

panels, Flues and satellite disHes etc.

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Gates, fences, walls or other

means of enclosure

5.15

Permitted development rights allow the

erection, construction, maintenance,

improvement or alteration of any gate, fence,

wall or other means of enclosure.

5.16

If the gate, fence, wall or other means of

enclosure exceeds any of the following limits

then an application for planning permission is

required.

5.17

The maximum height of any new gate, fence,

wall or other means of enclosure is 2 metres,

but where it is within 20 metres of a road the

maximum height is 1 metre.

5.18

When measuring the height of the

development on sloping or uneven ground, the

height should be measured from the highest

point immediately adjacent to the gate, fence,

wall or other means of enclosure.

5.19

The replacement or alteration of an existing

gate, fence, wall or other means of enclosure

to its original height is permitted. For example,

an existing 1.2 metre fence within 20 metres

of a road can be replaced with a fence up to

1.2 metres in height. If the replacement fence

is higher than 1.2 metres then an application

for planning permission would be required.

Alternatively, if replacing a 0.8 metre high

fence within 20 metres of a road it can be

replaced by with a fence up to 1 metre in

height.

5.20

There are no Class 7 permitted

development rights for conservation areas

or within the curtilage of a listed building.

Planning authorities will be able to conﬁrm

whether a property is located within a

conservation area. Information on listed

buildings is available from

www.historic scotland.gov.uk/

historicandlistedbuildings or www.environment.

scotland.gov.uk

5. makinG cHanGes to a Flat – Gates, Fences, walls or otHer means oF enclosure

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Class 7.—

(1) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means

of enclosure.

(2) Development is not permitted by this class if—

(a) the height of any gate, fence, wall or other means of enclosure to be erected or constructed within 20 metres of

a road would, after the carrying out of the development, exceed one metre above ground level;

(b) the height of any other gate, fence, wall or other means of enclosure to be erected or constructed would exceed

two metres above ground level;

as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the

height appropriate to it if erected or constructed, whichever is the greater; or

(d) it would involve development within the curtilage of, or in respect of a gate, fence, wall or other means of

enclosure surrounding, a listed building. or

(e) it would be development described in class 3E(1)

LEGISLATION

5. makinG cHanGes to a Flat – Gates, Fences, walls or otHer means oF enclosure

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6. installinG microGeneration equipment

6.1

The relevant permitted development rights for

the main types of microgeneration equipment

are explained within this section.

6.2

This guidance replaces:

■

Planning Circular 2/2009:The Town and

Country Planning (General Permitted

Development) (Domestic Microgeneration)

(Scotland) Amendment Order 2009; and

■

Planning Circular 2/2010: The Town and

Country Planning (General Permitted

Development) (Domestic Microgeneration)

(Scotland) Amendment Order 2010.

6.3

Classes 6A and 6B have been removed since

Classes 2B and 4A now apply for installation

of solar PV and solar thermal equipment

that would be attached to a wall or roof of a

dwellinghouse or a ﬂat. Class 3B permits the

installation of free-standing solar PV and solar

thermal equipment for a dwellinghouse.

6.4

All the limitations and restrictions within a

class will need to be complied with. Where

a proposal would involve a combination of

classes, then the development would have to

comply with the limitations and restrictions

of all the relevant classes to be permitted

development.

6.5

There are many types of microgeneration

equipment. The following 6 classes, along with

Classes 2B, 3B and 4A, cover the installation

of the most common types of domestic

microgeneration, ensuring appropriate

controls are applied to the speciﬁc type of

development.

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6. installinG microGeneration equipment

Flues for Biomass Heating System

Class 6C – The installation, alteration

or replacement of a ﬂue, forming part

of a biomass heating system, on a

dwellinghouse or building containing a ﬂat.

Flues for Combined Heat and Power

System

Class 6F – The installation, alteration or

replacement of a ﬂue, forming part of a

combined heat and power system, on a

dwellinghouse or building containing a ﬂat.

Ground and Water Source Heat

Pumps

Class 6D – The installation, alteration

or replacement of a ground source

heat pump within the curtilage of a

dwellinghouse or building containing a ﬂat.

Class 6E – The installation, alteration or

replacement of a water source heat pump

within the curtilage of a dwellinghouse or

building containing a ﬂat.

Free-standing Wind Turbines and Air

Source Heat Pumps

Class 6G – The installation, alteration

or replacement of a free-standing wind

turbine within the curtilage of a dwelling.

Class 6H – The installation, alteration or

replacement of an air source heat pump

within the curtilage of a dwelling.

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6. installinG microGeneration equipment – Flues For Biomass HeatinG system

Flues for Biomass Heating System

6.6

Permitted development rights allow the

installation, alteration or replacement of a ﬂue,

forming part of a biomass heating system, on

a dwellinghouse or building containing a ﬂat.

6.7

If the ﬂue exceeds any of the following

limitations then an application for planning

permission is required.

6.8

A planning permission is needed for ﬂues for

dwellinghouses or ﬂats within an Air Quality

Management Area. Air Quality Management

Area has the meaning given in section 83(1)

of the Environment Act 1995.

Figure 34 & 35

1.0 m

6.9

Planning permission is required if the ﬂue is

to be attached to the principal elevation of a

dwellinghouse or ﬂat within a conservation

area or World Heritage Site. The identiﬁcation

of the principal elevation is discussed in

paragraphs 3.2 – 3.6.

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6. installinG microGeneration equipment – Flues For Biomass HeatinG system

Class 6C.–

(1) The installation, alteration or replacement of a ﬂue, forming part of a biomass heating system, on a

dwellinghouse or building containing a ﬂat.

(2) Development is not permitted by this class if–

(a) the height of the ﬂue would protrude more than one metre above the highest part of the roof (excluding any

chimney) on which the ﬂue is ﬁxed;

(b) in the case of land within a conservation area or a World Heritage Site, the ﬂue would be installed on the

principal elevation of the dwellinghouse or building containing a ﬂat; or

LEGISLATION

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6. installinG microGeneration equipment – Flues For comBined Heat and power system

Flues for Combined Heat and Power

System

6.10

Flues for Combined Heat and Power System

permitted development rights allow the

installation, alteration or replacement of a ﬂue

for combined heat and power system, on a

dwellinghouse or building containing a ﬂat.

6.11

If the ﬂue exceeds any of the following

limitations then an application for planning

permission is required.

6.12

A planning permission is needed for ﬂues for

dwellinghouses or ﬂats within an Air Quality

Management Area. Air Quality Management

Area has the meaning given in section 83(1)

of the Environment Act 1995.

6.13

Planning permission is required if the ﬂue is

to be attached to the principal elevation of a

dwellinghouse or ﬂat within a conservation

area or World Heritage Site. The identiﬁcation

of the principal elevation is discussed in

paragraphs 3.2 – 3.6.

Figure 34 & 35

1.0 m

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6. installinG microGeneration equipment – Flues For comBined Heat and power system

Class 6F.–

(1) The installation, alteration or replacement of a ﬂue, forming part of a combined heat and power system,

on a dwellinghouse or building containing a ﬂat.

(2) Development is not permitted by this class if–

(a) the height of the ﬂue would protrude more than 1 metre above the highest part of the roof (excluding any

chimney) on which the ﬂue is ﬁxed;

(b) in the case of land within a conservation area or World Heritage Site, the ﬂue would be installed on the principal

elevation of the dwellinghouse, or building containing a ﬂat; or

Quality Management Area.

LEGISLATION

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Ground and Water Source Heat Pumps

6.14

Permitted development rights allow the

installation, alteration or replacement of

a Ground Source Heat pump or Water

Source Heat pump within the curtilage of a

dwellinghouse or a building containing a ﬂat.

6.15

There are no restrictions on those permitted

development rights.

6. installinG microGeneration equipment – Ground and water source Heat pumps

Class 6D.– The installation, alteration or replacement of a ground source heat pump

within the curtilage of a dwellinghouse or building containing a ﬂat.

Class 6E.– The installation, alteration or replacement of a water source heat pump

within the curtilage of a dwellinghouse or building containing a ﬂat.

LEGISLATION

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6. installinG microGeneration equipment – Free-standinG wind turBines and air source Heat pumps

Free-standing Wind Turbines and Air

Source Heat Pumps

6.16

Classes 6G and 6F permits the installation,

alteration or replacement of a free-standing

micro wind turbines (MWT) and air source

heat pumps (ASHP) within the curtilage of

a dwelling, which means a dwellinghouse, a

building containing one or more ﬂats or a ﬂat

contained within such a building. However, it is

recognised that in most cases an application

for planning permission is required.

6.17

The aim of these provisions is to manage

adverse impacts on neighbours and amenity

generally (e.g. noise and visual impact) set

against the wider environmental, social and

economic beneﬁts of microgeneration. They

do this by means of limitations and conditions.

Limitations

6.18

The limitations are that:

■

the installation must be not less than

over 100 metres from the curtilage

of a neighbouring dwelling

■

development is not permitted if it would

result in the presence within the curtilage

of a dwelling of more than one installation

of each type of technology

6.19

That still provides potential opportunities for

one MWT and one ASHP within the same

curtilage but not more than one of each using

permitted development rights. This allows for a

wind turbine to provide the electricity to power

a heat pump.

Conditions

6.20

The conditions require that MWT/ASHP

microgeneration equipment be:

■

subject to the prior notiﬁcation and/or prior

approval procedure

■

sited to minimise effects on the amenity of

the area so far as reasonably practicable

■

used only for the purposes of domestic

microgeneration

■

removed as soon as reasonably practicable

where it is no longer needed for or capable

of domestic microgeneration

The prior notiﬁcation and prior approval

condition

6.21

For MWT the condition requires that a

developer must before beginning the

development apply to the planning authority

for the approval of the authority of the design

and size of the proposed wind turbine and a

determination as to whether the prior approval

of the authority will be required in respect

of the siting and external appearance of

the proposed wind turbine. Where the prior

approval of the planning authority is required

or where the authority indicates in response

to a prior notiﬁcation that it is required, the

authority has 2 months in which to determine

the case. Where prior notiﬁcation applies,

the period runs from receipt of the prior

notiﬁcation; where prior approval is required by

the Order, without prior notiﬁcation, the period

is 2 months from the receipt of the application

for prior approval. Thereafter the developer

can challenge the failure of the authority to

reach a decision or the decision itself.

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6. installinG microGeneration equipment – Free-standinG wind turBines and air source Heat pumps

6.22

The purpose of prior approval for micro-wind

turbines is to allow the planning authority to

consider any matter it may deem relevant in

respect of the design and size of the proposed

wind turbine. However, it is intended principally

to provide a safeguard for aerodromes, radar

technical sites, radio and television networks

and National Scenic Areas (NSAs) that could

be affected by wind turbine installations.

6.23

The consultation process which the planning

authority should undertake is the same as that

for a planning application.

6.24

Aerodromes and radar technical sites are

safeguarded by the Town and Country

Planning (Safeguarded Aerodromes, Technical

Sites and Military Explosive Storage Areas)

(Scotland) Direction 2003. Circular 2/2003

contains the Direction and explains what

consultation is required by planning authorities

when a planning application for development

is made which could affect such a site. Certain

military technical sites owned by the Secretary

www.scotland.gov.uk/Publications/2003/01/16204/17030

of State for Defence are also safeguarded

under a similar process.

6.25

The operators of safeguarded aerodromes,

technical sites and military explosives storage

areas are also likely to need to examine

speciﬁc proposals with particular reference

to matters such as siting, design (including

height), external appearance and type of

construction when planning authorities

consider applications for approval required

by conditions attached to a grant of planning

permission in principle. Although these are

not applications for planning permission, and

are therefore not covered by the Direction,

Circular 2/2003 explains that planning

authorities should as a matter of good practice

consult the relevant consultees when they

receive such applications and allow the

consultees sufﬁcient time to consider the

implications for their operations before taking

decisions on them.

6.26

It is considered therefore that as a conclusion

of that good practice the same consultation

procedure should apply where the planning

authority’s prior approval of a micro-wind

turbine installation is sought.

6.27

Any response from the aviation safeguarding or

other consultee to the planning authority would

allow the authority to: issue their approval; issue

it subject to conditions, or; refuse the application

for approval. Where conditions are attached to

an approval or the authority decides to refuse

the application for approval, the developer can

challenge the decision.

6.28

In relation to air source heat pumps, the

prospective developer needs to give prior

notiﬁcation to the authority of its intentions.

The planning authority may determine that

prior approval is then required subject to the

information provided in the notiﬁcation on the

siting and external appearance of the pump.

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General amenity condition

6.34

When MWT or ASHP equipment is installed

on domestic properties under permitted

development rights, consideration should be

given to the siting and layout of the equipment

in relation to the design of the building and its

visual appearance; to those in the neighbouring

area to which the equipment will be visible; as

well as to the optimal orientation for energy

purposes.

Purpose condition

6.35

The Purpose condition is intended to guide

developers towards installations that are

ﬁt for purpose and scalable to domestic

situations. Accredited installers will usually

provide that advice. The Energy Act 2004

deﬁnes “microgeneration” as the use for the

generation of electricity or the production of

heat of any plant where its capacity is:

(a) in relation to the generation of electricity,

50 kilowatts;

(b) in relation to the production of heat,

45 kilowatts thermal.

6. installinG microGeneration equipment – Free-standinG wind turBines and air source Heat pumps

6.29

In considering a prior notiﬁcation and/or

application for prior approval, authorities must

also have regard to the requirements of the

EIA regulations. Further guidance on EIA and

permitted development is contained in Circular

3/2011 The Town and Country Planning

(Environmental Impact Assessment) (Scotland)

Regulations 2011

Consultation - Further guidance

6.30

Additional guidance on aerodrome and technical

sites safeguarding from obstacles including wind

turbines is provided by the Civil Aviation Authority

in CAP 168: Licensing of Aerodromes

, CAP

670: ATS Safety Requirements

, CAP 738 –

Safeguarding of Aerodromes

and CAP 764 –

CAA Policy and Guidelines on Wind Turbines

6.31

For terrestrial radio and television networks the

planning authority may consider it necessary

to consult with the electronic communications

provider or OFCOM to safeguard signal

http://www.scotland.gov.uk/

Publications/2011/06/01084419/0

www.caa.co.uk/docs/33/CAP168.PDF

www.caa.co.uk/docs/33/CAP670.PDF

www.caa.co.uk/docs/33/CAP738.PDF

www.caa.co.uk/docs/33/Cap764.pdf

broadcasts from main sites or from relay sites

typical of rural settings. OFCOM has provided

guidance on the impact of tall structures on

broadcast and other wireless services

6.32

In relation to NSAs, the same prior approval

process consultations may be conducted with

Scottish Natural Heritage. It is good practice

to follow guidance in Circular 9/1987 -

Development Control in National Scenic Areas,

which requires notiﬁcation of applications to

SNH for all buildings or structures over

12 metres high (including agricultural and

forestry developments). For micro-wind turbines,

SNH regards 12 metres as being to the blade

tip height. Further information is contained

in SNH’s Micro Renewables and the Natural

Heritage Guidance Note

6.33

It would also be open to the planning authority

and prospective developer to negotiate away any

issues of concern, including submitting revised

proposals as opposed to appeals or local reviews

being pursued.

http:// .ofcom.org.uk/ / / /

/tall_structures

www.snh.org.uk/pdfs/strategy/renewable/A301202.pdf

licensing binaries spectrum fixed-terrestrial-links

wind farms- .pdf

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6. installinG microGeneration equipment – Free-standinG wind turBines and air source Heat pumps

6.36

However there is no threshold between

domestic and non-domestic generation.

Indicative guidance may be provided by

suppliers of the products. Non-domestic scale

microgeneration equipment will generally

require planning permission meantime.

Removal condition

6.37

In instances where existing MWT or ASHP

equipment is no longer intended to be used,

for example if other technologies are installed,

or the equipment becomes incapable of being

used, for example through breakdown that

cannot be or is not repaired, the condition

requires that it must be removed as soon as

reasonably practicable. The removal condition

is otherwise self-explanatory.

Inability to comply with conditions and

limitations

6.38

Where a prospective developer is unable to

comply with the conditions and limitations

above, then a full application for planning

permission would be required.

Further advice

6.39

Further advice on siting and design can be

found in the Scottish Government’s guidance

“Planning for Micro Renewables”, which is

available on-line at www.scotland.gov.uk/

Resource/Doc/150324/0040009.pdf

6.40

It is a matter for the planning authority to

consider enforcement action where they

consider that microgeneration equipment does

not meet the limitations or conditions.

6.41

The downloadable prior notiﬁcation forms on

the e-planning website have been updated.

Councils should consider adopting these

updated forms to ease the provisions for

householders.

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6. installinG microGeneration equipment – Free-standinG wind turBines and air source Heat pumps

Class 6G.–

(1) The installation, alteration or replacement of a free-standing wind turbine within the curtilage of a

dwelling.

(2) Development is not permitted by this class if—

(a) it would result in the presence within the curtilage of a dwelling of more than one free-standing wind turbine; or

(b) the wind turbine would be situated less than 100 metres from the curtilage of another dwelling.

(3) Development is not permitted by this class in the case of land within—

(a) a conservation area;

(b) a World Heritage Site;

(d) a site of archaeological interest.

(4) Development is not permitted by this class if the wind turbine would be within the curtilage of a listed building.

(5) Development is permitted by this class subject to the following conditions—

(a) the developer must before beginning the development apply to the planning authority for—

(i) the approval of the authority in respect of the design and size of the proposed wind turbine; and

(ii) a determination as to whether the prior approval of the authority will be required in respect of the siting and

external appearance of the proposed wind turbine;

(b) the application is to be accompanied by—

(i) a written description of the proposed development, including details of the design and size of the proposed

wind turbine; and

(ii) a plan indicating the site;

LEGISLATION

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6. installinG microGeneration equipment – Free-standinG wind turBines and air source Heat pumps

Class 6G.– (continued)

(i) the applicant has received written approval from the planning authority in respect of the size and design of the

wind turbine; and

(ii) the occurrence of one of the following—

(aa) the receipt by the applicant from the planning authority of a written notice of their determination that prior

approval in respect of the siting and external appearance of the proposed wind turbine is not required;

(bb) the expiry of a period of 28 days following the date on which the application was received by the planning

authority without the planning authority giving notice of their determination that such approval is required; or

(cc) where the planning authority gives the applicant notice within a period of 28 days following the date of

receiving the application of their determination that such prior approval is required, the giving of such approval;

(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried

out—

(i) to the extent to which prior approval is required, in accordance with the details approved;

(ii) to the extent to which prior approval is not required, in accordance with the details submitted with the

application;

(e) the development is to be carried out within a period of three years from the date on which all approvals required

in accordance with this paragraph have been given.

(6) Development is permitted by this class subject to the conditions that a free-standing wind turbine—

(a) must, so far as reasonably practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) is used only for the purposes of domestic microgeneration; and

practicable.

LEGISLATION

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6. installinG microGeneration equipment – Free-standinG wind turBines and air source Heat pumps

Class 6H.–

(1) The installation, alteration or replacement of an air source heat pump within the curtilage of a dwelling.

(2) Development is not permitted by this class if—

(a) it would result in the presence within the curtilage of a dwelling of more than one air source heat pump; or

(b) the air source heat pump would be situated less than 100 metres from the curtilage of another dwelling.

(3) Development is not permitted by this class in the case of land within a conservation area if the air source heat

pump would be visible from a road.

(4) Development is not permitted by this class if the air source heat pump would be within—

(a) a World Heritage Site; or

(b) the curtilage of a listed building.

(5) Development is permitted by this class subject to the following conditions—

(a) the developer must before beginning the development apply to the planning authority for a determination as to

whether the prior approval of the authority will be required to the siting and external appearance of the air source

heat pump;

(b) the application is to be accompanied by a written description of the proposed development and a plan indicating

the site;

(i) the receipt by the applicant from the planning authority of a written notice of their determination that such

prior approval is not required;

(ii) the expiry of a period of 28 days following the date on which the application was received by the planning

authority without the planning authority giving notice of their determination that such approval is required; or

(iii) where the planning authority gives the applicant notice within a period of 28 days following the date of

receiving the application of their determination that such prior approval is required, the giving of such approval;

LEGISLATION

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6. installinG microGeneration equipment – Free-standinG wind turBines and air source Heat pumps

Class 6H.– (continued)

(d) the development must, except to the extent that the planning authority otherwise agree in writing, be carried

out—

where prior approval is required, in accordance with the details approved;

where prior approval is not required, in accordance with the details submitted with the application;

(e) the development is to be carried out—

where approval has been given by the planning authority, within a period of three years from the date on which

approval was given; or

in any other case, within a period of three years from the date on which the application under paragraph (a) above

was made.

(6) Development is permitted by this class subject to the conditions that an air source heat pump—

(a) must, so far as reasonably practicable, be sited so as to minimise its effect on the amenity of the area;

(b) is used only for the purposes of domestic microgeneration; and

practicable.

LEGISLATION CONTROLLING

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7. installinG closed circuit television cameras

7. 1

Class 72 extends permitted development

rights to include the installation, alteration or

replacement on buildings or other structures

(such as walls, fences or poles) of CCTV

cameras for security purposes, subject

to speciﬁed limits on size, numbers and

positioning.

7. 2

This class does not apply within conservation

areas or national scenic areas. Nor does it

give permitted development rights to poles or

other structures specially constructed to hold

cameras; these still require planning consent.

7. 3

Where CCTV cameras are being installed on

a listed building or scheduled monument, they

will continue to be subject to listed building

consent and schedule monument consent

procedures.

7. 4

Up to 4 cameras are permitted on the same

side of a building or structure and up to

16 cameras on any one building or structure,

provided that they are at least 10 metres

apart.

7. 5

Each camera must be sited so as to minimise

its effect on the external appearance of the

building or structure and cameras should also

be removed once they are no longer required

for security purposes.

7. 6

The ﬁeld of vision of a camera should, so

far as practicable, not extend beyond the

boundaries of the land where it is sited or any

adjoining land to which the public have access.

Intrusion and inconvenience to neighbours

should be limited so far as is practicable

without compromising the camera’s

effectiveness for security purposes.

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7. installinG closed circuit television cameras

Class 72.—

(1) The installation, alteration or replacement on any building or other structure of a closed circuit television

camera for security purposes.

(2) Development is not permitted by this class if—

(a) the development is in a conservation area or a national scenic area;

(b) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(d) any part of the camera would, when installed, altered or replaced, protrude from the surface of the building or

structure by more than one metre when measured from the surface of the building or structure;

(e) any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building or

structure at a point which is more than one metre from any other point of contact;

(f) any part of the camera would be less than 10 metres from any part of another camera installed on a building or

structure;

(g) the development would result in the presence of more than four cameras on the same side of the building or

structure; or

(h) the development would result in the presence of more than 16 cameras on the building or structure.

(3) Development is permitted by this class subject to the following conditions:—

(a) the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the

building or structure on which it is situated;

(b) the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes;

which the building or structure is erected or of any area which adjoins that land and to which the public have access.

(4) For the purposes of this class–“camera”, except in paragraph (2)(b), includes its housing, pan and tilt mechanism, infra

red illuminator, receiver, mountings and brackets.

LEGISLATION

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Water mains, sewers and ensuring

surface water drainage

Householders and developers are encouraged

to contact Scottish Water to undertake a

property search in order to ascertain whether

any proposed extension, or buildings, are

constructed over or adjacent to its existing

underground pressurized water mains as

access is required to allow sewers to be

maintained or repaired. Similarly, Scottish

Water advice is that the increase in run-off

from the additional roof area resulting from

extending a property is appropriately dealt

with to reduce the risk of localised ﬂooding

or indeed ﬂooding downstream. Scottish

Water would also expect to see that surface

water drainage is dealt with on site and not

discharged into the public sewerage system.

Contact Scottish Water:

www.scottishwater.co.uk

Old mine works

In former coal mining areas prior written

permission is required from the Coal Authority

for any ground works which would enter

or disturb any coal mine entries (current or

abandoned) or the coal itself at any depth

from the surface downwards. Contact the Coal

Authority: http://coal.decc.gov.uk/

Protected species

If a dwellinghouse contains a bat roost and a

proposed alteration, extension or enlargement

would affect it, a licence may be required

from Scottish Natural Heritage prior to

commencement. Bat roosts, even when not

in use, are protected. Proposed works should

if possible be designed to avoid impacting on

bats or bat roosts. Further information, including

on how the presence of a bat roost in a

dwellinghouse might be identiﬁed, and on how if

necessary to apply for a licence, can be found on

SNH’s website at:

www.snh.gov.uk/about-scotlands-nature/

species/mammals/land-mammals/bats/

www.snh.gov.uk/planning-and-development/

advice-for-planners-and-developers/protected-

animals/

www.snh.gov.uk/protecting-scotlands-nature/

protected-species/which-and-how/mammals/

bat-protection/

If householders think bats may be present in

their property or if they are unsure about the

effect of any proposed works on a bat roost,

they should contact Scottish Natural Heritage

for further advice. Other protected species

commonly associated with houses include

nesting birds such as the swift, house martin

and house sparrow. All wild birds are given some

protection under the law, particularly their nests.

If a dwellinghouse supports a bird nest which

is in use or being built and the proposed works

would affect the nest site, the works should be

planned to avoid the nesting season. If works are

carried out during the season, an offence may be

committed. Further information about birds and

the law can be found on SNH’s website at:

www.snh.gov.uk/protecting-scotlands-nature/

protected-species/which-and-how/birds/

8. tHinGs to consider

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9. Glossary

the 1992 Order

the Town and Country Planning

(General Permitted Development)

(Scotland) Order 1992, as amended.

The main amendments for the purposes of

householder development are:

Town and Country Planning (General

Permitted Development) (Domestic

Microgeneration) (Scotland) Amendment

Order 2009

Town and Country Planning (General

Permitted Development) (Domestic

Microgeneration) (Scotland) Amendment

Order 2010

Town and Country Planning (General

Permitted Development) (Scotland)

Amendment Order 2011

any word, letter, model, sign, placard, board,

notice, awning, blind, device or representation,

whether illuminated or not, in the nature

of, and employed wholly or partly for the

purposes of, advertisement, announcement

or direction (excluding any such thing

employed wholly as a memorial or as a railway

signal), and includes any hoarding or similar

structure or any balloon used or adapted for

use and anything else used, or designed or

adapted principally for use, for the display of

advertisements.

Advertisement Consent

a consent granted for the display of an

advertisement by either the express consent

of the planning authority or Scottish Ministers

in accordance with the provisions of The

Town and Country Planning (Control of

Advertisements) (Scotland) Regulations 1984

or deemed to be granted in accordance with

part IV of the same regulations.

Air Quality Management Area

has the meaning given in section 83(1) of the

Environment Act 1995.

Article 4 Direction

a direction, usually made by a planning

authority and approved by Scottish Ministers,

where in a particular area, particular permitted

developments rights are not applicable.

ASHP

air source heat pumps.

Balcony

a platform, enclosed by a wall or balustrade,

projecting outward from the external wall of

a building, with access from an upper ﬂoor

window or door.

Conservation Area

an area of special architectural or historic

interest [the character or appearance of

which it is desirable to preserve or enhance]

designated under Section 61 of the Planning

(Listed Buildings and Conservation Areas)

(Scotland) Act 1997.

Conservation Area Consent

consent granted under the above mention that

for demolition of an unlisted building within a

conservation area.

Class

a class of development to which permitted

development rights apply because planning

permission is granted by the 1992 Order.

Curtilage

curtilage is not deﬁned in the 1997 Act or

1992 Order but it is accepted to mean land

which is used for the comfortable enjoyment

of a building and which serves the purpose of

that building in some necessary or reasonably

useful way. It need not be marked off or

enclosed in any way. Normally the curtilage

would relate to the property boundary of the

dwellinghouse.

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9. Glossary

Domestic microgeneration

means the production of electricity or heat for

domestic consumption using microgeneration

equipment.

Dwellinghouse

a residential property, not including a building

containing one or more ﬂats, or a ﬂat

contained within such a building.

Eaves height

the height of the eaves should be measured

at the base of the external wall of the

extension to the point where the external wall

would meet (if projected upwards) the upper

surface of the roof slope. Parapet walls and

overhanging parts of eaves should not be

included in any calculation of eaves height.

Enlargement of dwellinghouses

any development that increases the internal

volume of the original dwellinghouse and

includes a canopy or roof, with or without

walls, which is attached to the dwellinghouse,

but does not include a balcony.

Enlargement for ﬂats

means any development that increases the

internal volume of the original building, and

includes a canopy or roof, with or without

walls, which is attached to the building but

does not include a balcony.

Free-standing solar

means solar photovoltaics or solar thermal

equipment which is not installed on a building.

Free-standing wind turbine

means a wind turbine which is not installed on

a building.

Flat

means a separate and self-contained set of

premises whether or not on the same ﬂoor

and forming part of building from some other

part of which it is divided horizontally.

Fronts

an elevation which face onto a road.

General Permitted Development Order

(GPDO)

a statutory instrument granting permitted

development rights.

Listed Building

a building of special architectural or historic

interest included in a list compiled or approved

by the Scottish Ministers under Section 1 of the

Planning (Listed Buildings and Conservation

Areas) (Scotland) Act 1997, any object or

structure ﬁxed to the building or which, while

not ﬁxed, forms part of the land within its

curtilage since before 1 July 1948 and still in

that curtilage at the date of listing.

a list of listed building is available from

Historic Scotland www.historic-scotland.gov.

uk/historicandlistedbuildings.

Listed Building Consent

consent granted under the above mentioned

Act for demolition of a listed building, or

alteration that would affect its character.

MWT

means micro wind turbines.

Microgeneration

has the meaning given in section 82(6) of the

Energy Act 2004 which equipment with an

output of up to 50 kilowatts of electricity or

45 kilowatts of thermal (heat) energy.

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9. Glossary

Original dwellinghouse

is the dwellinghouse as built or as it was on

1 July 1948 if it was built before then.

Permitted Development (PD)

planning permission granted for certain

classes of development by the 1992 Order.

Also known as Permitted Development

Rights (PDR).

Permitted Development Legislation

permitted development rights are granted

by the Town and Country Planning (General

Permitted Development) (Scotland) Order

1992, as amended. The 1992 Order grants

planning permission for classes of speciﬁc

types of developments, but most classes are

subject to a set of limitations and conditions.

The relevant pieces of legislation can be found

on www.legislation.gov.uk/ssi/2011/357/

contents/made.

Principal elevation

the elevation of the original dwellinghouse

which by virtue of its design or setting, or both,

is the principal elevation.

Road

as deﬁned by section 151 of the Roads

(Scotland) Act 1984. A road is any way over

which there is a public right of passage including

its verge. A road is therefore not conﬁned to only

publicly adopted roads used by motor vehicles.

Road Construction Consent

a permission which must be obtained from

the roads authority before constructing a

new road or extending an existing road, in

accordance with Section 21 of the Roads

(Scotland) Act 1984.

Solar PV

solar photovoltaics: which is equipment

designed to convert energy from the sun into

electricity.

Solar thermal

means equipment designed to heat water

using energy from the sun.

Terrace house

means a dwellinghouse situated in a row of

three or more buildings used, or designed for

use, as single dwellinghouses; and having

a mutual wall with, or having a main wall

adjoining the main wall of, the dwellinghouse

(or building designed for use as a

dwellinghouse) on either side of it. t includes

the dwellinghouses at each end of such a row

of buildings as is referred to.

the 1997 Act

the Town and Country Planning (Scotland) Act

1997 as amended.

the 2006 Act

the Planning etc (Scotland) Act 2006.

World Heritage Site

land appearing on the World Heritage

List kept under article 11(2) of the 1972

UNESCO Convention for the Protection of the

World Cultural and Natural Heritage.

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www.scotland.gov.uk

You may re-use this information (excluding logos and images) free of charge in any

format or medium, under the terms of the Open Government Licence. To view this

licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/

or e-mail: psi@nationalarchives.gsi.gov.uk.

Where we have identiﬁed any third party copyright information you will need to

obtain permission from the copyright holders concerned.

ISBN: 978-1-78045-683-6 (web only)

The Scottish Government

St Andrew’s House

Edinburgh

EH1 3DG

Produced for the Scottish Government by APS Group Scotland

DPPAS12651 (02/12)

Published by the Scottish Government, February 2012

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