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Circular 1/201Guidance onHouseHolder permitteddevelopment riGHts

2


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contents

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1. INTRODUCTION 04

2. BEFORE STARTING 05

3. MAIN CONCEPTS 07Principal elevation 08Fronting a road 11Front and rear curtilages 14Site coverage 15Original or existing dwellinghouse 16Heights and Ground Levels 16

4. MAkING ChANGES TO A DwEllINGhOUSE 17Single storey ground oor extension 20Ground oor extensions o more than one storey 25

Porch 29Enlargement o the roo 31Access ramps 36Improvements or alterations that are not an enlargement, including replacement windows,solar panels, ues and satellite dishes 38Ancillary buildings including sheds, garages, greenhouses etc. 43Any building, engineering, installation or other operation 46Hard surace 50Decking or other raised platorm 52Gates, ences, walls or other means o enclosure 55

5. MAkING ChANGES TO A FlAT 57Improvements or alterations that are not an enlargement, including replacement windows,solar panels, ues and satellite dishes 57Gates, ences, walls or other means o enclosure 60

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

Scottis Panning Poic (SPP)is the statement o Scottish Government policy on nationally

important land use planning matters.

Nationa Panning Frameor (NPF)is the Scottish Governments strategy or Scotlandslong term spatial development.

Circuarscontain Scottish Government policy on the implementation o legislation or

procedures.

Statements o 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.

Panning Adice Notes (PANs) provide advice and inormation on technical planning matters.

Further inormation on the Scottish Governments 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 oer help and advice

A list o planning authorities can be ound

on the planning section o the ScottishGovernment website www.scotland.gov.uk

Additiona Approas Reuired

I planning permission is not required, there

are sometimes other approvals that may be

required. For example, approval under the

building regulations rom the local council

may be required. It is or the individual to

ensure that their development complies withrelevant legislation. The most requent are

detailed within Section 2.

1. introduction

1.1

Developments can have a signifcant impact

on a neighbourhood and the environment.

1.2

Submitting a planning application gives an

opportunity or the proposed development to

be considered in its local setting. However,

considering applications or minor and

uncontroversial developments is not an

efcient way o regulating development.

1.3Permitted development rights are granted so

that many instances o small alterations and

extensions can be carried out without the

need to submit an application or planning

permission.

1.4

The purpose o this document is to explain

householderpermitted development rights andthereore what can be built without submitting

a planning application.

1.5

Section 2 provides general advice that should

be considered beore 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 ound at

www.scotland.gov.uk/householderdevelopment
http://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttps://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/http://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planning


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2. BeFore startinG

2.1

Home improvement projects, such as an

extension, should be careully considered. Time

spent planning can save money. It can alsoensure the work is completed on time and as

required. It is the property owners responsibility

to ensure that the relevant statutory

requirements are met. I the development ails to

comply with the relevant legislation, the owner is

liable or any remedial action (which could go as

ar as demolition and restoration).

2.2The position, design and scale o householder

developments can help maintain the character

o 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 o

microgeneration equipmentcan help generate

energy and reduce costs.

2.3

Most planning authorities oer advice on

how the rules apply, as well as advice on the

relevant processes and procedures. Furtherguidance or planning and building regulations

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

householderdevelopment.
http://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/householderdevelopmenthttp://www.scotland.gov.uk/householderdevelopmenthttp://www.scotland.gov.uk/householderdevelopmenthttp://www.scotland.gov.uk/householderdevelopmenthttp://www.scotland.gov.uk/householderdevelopmenthttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planning


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2. BeFore startinG

Buiding Standards: the proposed work will likely require to comply with minimumbuilding standards. A building warrant may also be required beore you start the work, you

can veriy this with your local authority building standards department.

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

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

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

planning consultant or solicitor.

Panning istor: planning permission granted in the past may have a condition or other

restriction prohibiting the kind o work proposed. I in doubt check with your planning

authority.

listed Buidings and Conseration Areas:Listed Building Consent may be needed

i you live in a listed building. I you live in a conservation area you may need to apply or

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

Scedued 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. I in doubt

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

with your planning authority. Oter Consents: Check that the proposed work does not require a consent or approval

such as a road or advertisementconsent or is causing an obstruction.

Oter tings to consider: a range o other issues like biodiversity, water mains and old

mine works are detailed in Section 8.

ThINGS TO ChECk
http://www.historic-scotland.gov.uk/index/heritage/historicandlistedbuildings.htmhttp://www.historic-scotland.gov.uk/index/heritage/historicandlistedbuildings.htmhttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.historic-scotland.gov.uk/index/heritage/historicandlistedbuildings.htmhttp://www.historic-scotland.gov.uk/index/heritage/historicandlistedbuildings.htmhttp://www.environment.scotland.gov.uk/http://www.historic-scotland.gov.uk/index/heritage/searchmonuments.htmhttp://www.historic-scotland.gov.uk/index/heritage/searchmonuments.htmhttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.historic-scotland.gov.uk/index/heritage/searchmonuments.htmhttp://www.environment.scotland.gov.uk/http://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.historic-scotland.gov.uk/index/heritage/historicandlistedbuildings.htmhttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.historic-scotland.gov.uk/index/heritage/historicandlistedbuildings.htm


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3. main concepts

3.1

This section explains in detail the concepts

that are undamental to interpreting and

applying the legislation. These concepts are: Principal Elevation a term used to identiy

the ront o the dwellinghouse

Fronting a Road is a way o determining i

the principal elevation, or side elevation, is

in the public domain

Front and Rear Curtilageis a way

o defning the area o land used or

the comortable enjoyment o thedwellinghouse

Site Coverage is used to control the

overall amount o ground covered by

development

Original or Existing Dwellinghouse. The

original dwellinghouse is the dwellinghouse

as built or as it was on 1 July 1948 i

it was built beore then. The existing

dwellinghouse is the house immediately

beore carrying out the proposed

development

Height and Ground Level. How the height

o development is measured


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3. main concepts

Principa Eeation

3.2

The term principal elevation is used to identiy

the ront o a dwellinghouse. Whilst there are

exceptions, most dwellinghouses are designed

so that the ront o the dwellinghouse aces

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.

Defnition

3.4

The principal elevation is a reerence to the

elevation o the original dwellinghouse which

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

principal elevation. Where it is not immediately

obvious, a combination o the ollowing actors

should be used to identiy the principal

elevation:

location o main door

windows

relationship to road

boundary treatment

architectural ornamentation

3.5

It is unlikely that any single actor will be

decisive. The identifcation o the principal

elevation should not be used to controldevelopment. There can only be one principal

elevation. It is based on the design o the

original dwellinghouse.

3.6

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

principal elevation can be identifed in a variety

o common situations.


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3. main concepts

Figure 1: In this example the principal

elevation is the elevation that ronts the

road. It has the main door and is the obviousorientation o the dwellinghouse. The side

elevation has no windows and has a shorter

length. The rear area is more private with a

higher ence.

Figure 2: In this example the side elevation

has the main door and a longer length, it

has only a secondary window. The windowsin the principal elevation show the main

orientation o the dwellinghouse and it

ronts the road. The boundary treatment

indicates a more private rear area.

Figure 3: In this example the dwellinghouse

on the corner plot will ace two roads.

However, the principal elevation has themain door and ronts the same road as

the adjacent dwellinghouse. Opposite the

principal elevation is the private rear area.

The side elevation - although ronting a road

and having windows - does not reect the

main orientation o the dwellinghouse.


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3. main concepts

Figure 4: In this example o a Radburn-

type layout the principal and rear elevations

could be identical. However, the overallsetting and boundary treatment indicates

which elevation would be understood as

the ront and rear. The side elevation has

windows and aces a road but is not the

principal elevation.


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3. main concepts

Fronting a Road

3.7

It is important to determine the relationship

o the principal and side elevation to a road.

In the context o the householder permitted

development rights, Frontsmeans acing

onto a road and applies to both the principal

and side elevation. It is determined by a

number o actors including the angle o

the dwellinghouse to the road, the distance

between the dwellinghouse and the road and

the size o any intervening land.

3.8

Fronting is used in a number o classes as

a way o restricting permitted development.

Development is oten not permitted i any part

o the development would be orward o a wall

orming part o the principal elevation or side

elevation.

3.9As illustrated in fgures 5 and 6, an imaginary

line can be drawn that extends rom the

principal elevation or side elevation to the

boundary, this is the land orward o the

principal elevation or side elevation.

3.10

Whilst fgures 5 and 6, illustrate this concept

in common circumstances, there will be

situations where neither the principal nor theside elevation ront a road. In such cases,

development orward o a wall orming part

o 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 ront a road.

Figure 5

Figure 6


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3. main concepts

Figure 9: As the road bends, the side

elevation no longer ronts the road. Any

extension within the hatched areas wouldrequire a planning application to the

planning authority.

Figure 7: Where there is no road. In this

example, development would be permitted

within any part o the curtilage o thedwellinghouse at the top o the diagram as

long as it meets the site coverage, distance

rom boundary, height restrictions any

other relevant restrictions or the type o

development.

Figure 8: Where the dwellinghouse is

sited at an angle. I an elevation is sited at

a very acute angle to a road, it may not beconsidered to ront a road. In this illustration

the dwellinghouse is judged to ront a road.

Any extension within the shaded areas

would require a planning application to the

planning authority.


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3. main concepts

Figure 11: I there is intervening land between the curtilage o a dwellinghouse and a road,

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

be permitted within the curtilage o the development as long as i t meets the site coverage,distance rom boundary, height restrictions and any other relevant restrictions or the type o

development.

Figure 10: Within 20 metres o a road it is

considered unlikely that any elevation could

be argued to be too ar rom a road so thatit no longer ronts a road. Beyond

30 metres rom a road, it is increasingly

likely that an elevation no longer ronts a

road. For distances in between, a judgement

would have to be made depending on act

and degree. This will involve considering

actors such as topography, landscaping

and layout o any adjacent properties. In

this example, any developments would

be permitted within the curtilage o thedevelopment as long as it meets the

site coverage, distance rom boundary,

height restrictions and any other relevant

restrictions or the type o development.

50metres


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3. main concepts

Front and Rear Curtiages

3.11

Once the principal elevation has been

identifed, the ront and rear curtilages canbe defned. The ront curtilage is all the land

orward o the principal elevation. The rear

curtilage is the remainder o the curtilage

o the original dwellinghouse. This may not

reect any physical division, like ences, that

may exist.


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Propo

sal

Rear

Front

15

3. main concepts

A Original dwellinghouse includingan integral garage built beore 1948

C A conservatory granted planningpermission in 1996

E A greenhouse builtbeore 1948

B An extension built as permitteddevelopment in 1968

D A swimming pool built aspermitted development in 1975

Figure 12: Cacuating Site Coerage

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.

Thereore, in this example

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

Area o rear curtilage minus A*1x 100

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

permission is required.

*1Includes any hard surace or deck.

Site Coerage

3.12

The size o any proposed extension, shed

or other building must be such that the totalarea undeveloped is at least hal o the rear or

ront curtilage. This is explained in fgure 12.

In most circumstances, the limitation will only

relate to the rear curtilage. Where the principal

or side elevation does not ront onto a road,

the limitation could also apply to the ront

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

Origina or Existing Deingouse

3.14

It is important to dierentiate between the

original dwellinghouse and the existingdwellinghouse.

3.15

The original dwellinghouse is the

dwellinghouse as built or as it was on 1 July

1948 i it was built beore then.

3.16

The existing dwellinghouse is thedwellinghouse immediately beore 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.

heigts and Ground lees

3.17

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

General Permitted Development Order, theheight o the development is measured rom

the lowest part o the surace o the ground

adjacent to the building or structure.

3.18

In all other instances the height o the building

or structure is calculated rom the highest

part o the surace o 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 o the

natural ground.

Height

Ground line


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4. makinG cHanGes to a dwellinGHouse

4.1

The relevant permitted development rights or

the main types o householder developments

are explained within this section.

4.2

Permitted development rights or the dierent

types o development are described within a

class. Most classes are subject to limitation

and restrictions. The main householder classes

are grouped into the ollowing categories:

>Enlarging a dwellinghouse

>Improvements, additions or other

alterations to a dwellinghouse that are

not an enlargement

>Other developments within the curtilage

o a dwellinghouse

4.3

Permitted development rights or ats are

detailed in Section 5.

4.4

Section 6 details permitted development

rights or microgeneration and Section 7

details the regulations or CCTV.

4.5

All the limitations within a class must

be complied with. In addition, permitted

development rights are removed i theproposed development is to create or

materially widen a means o access to a

trunk road or classifed road or creates an

obstruction that is likely to causes a hazard or

people using the road.


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

Introduction to Enarging aDeingouse

4.6

It is important to understand the defnition

o enlargement. Enlargement is defned as

any development that increases the internal

volume o theoriginal dwellinghouseand

includes a canopy or roo, with or without

walls, which is attached to the dwellinghouse,

but does not include a balcony. Thereore, a

car-port is an enlargement but a balcony is

not.

4.7

There are many types o enlargements. The

ollowing 4 classes cover the most common

types o enlargements or dwellinghouses.

Singe store ground foor extension

Class 1A Any enlargement o a

dwellinghouse by way o a single storey

ground foor extension, including anyalteration to the roo required or the

purpose o the enlargement.

This class covers the typical single storey

extension to the rear o the property. Typical

developments include conservatories, car-

ports as well as other canopies or roos,

with or without walls.

Ground foor extension o more tan

one store

Class 1B Any enlargement o a

dwellinghouse by way o a ground foorextension consisting o more than one

storey including any alteration to the

roo required or the purpose o the

enlargement.

This class covers the typical 2 storey

extension. The limitations set a minimum

distance o 10 metres between the

extension and any boundary, since many1 storey and 2 storey extension are more

likely to have a greater impact than a single

storey extension. It is recognised that the

majority o extensions will not be able to

meet this criteria, thereore an application

or planning permission would be required

in most instances.
https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/


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

Porc

Class 1C The erection, construction or

alteration o any porch outside any external

door o a dwellinghouse.

This class allows or the construction o a

small porch on any external door.

Enargement o te roo

Class 1D Any enlargement o a

dwellinghouse by way o an addition or

alteration to its roo.

This class allows or the construction o a

typical rear acing dormer.

4.8

These permitted development rights do NOT

apply to ats.

4.9

I the proposed development alls into any o

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 i the

proposed development aects the characteror setting o a listed building. A building

warrant rom the local authority is also oten

required, as explained in Section 2.
http://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planning


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

Singe store ground foorextensions

SUMMARy

4.11

This is the most popular type o development.

Permitted development rights al low the

enlargement o a dwellinghouse by a single

storey ground oor extension. The permitted

development rights allow any alteration to

the roo required or the purpose o the

enlargement. In summary, the eect o the

limitations is that:

extensions are generally located to the rear

i the extension is on, or within 1 metre o

the boundary, it cannot project, rom the

rear wall o the existing dwellinghouse, by

more than 3 metres in the case o terraced

house, or 4 metres in all other cases

the height o the eaves is a maximum o

3 metres

the height o the extension is not higher

than 4 metres

the ootprint o the extension is no larger

than the original dwellinghouse or covering

more than hal the curtilage

4.12

There are no permitted development rights

or single storey ground oor extensions in

conservation areas or or ats. Listed building

consent will normally be required i your

building is Listed.

4.13

A building warrant rom the local authority willlikely be required or this type o extension, as

explained in Section 2.


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TEChNICAl EXPlANATION

4.14I the extension exceeds any o the ollowing

limits then an application or planning


4.15

Roo alterations relating to the extension

are also permitted. Other roo alterations

should be carried out using the other relevant

permitted development classes.

4.16

The extension cannot be orward o a wall


elevation i that elevation is ronting a road.

The identifcation o the principal elevation and

side elevations are discussed in paragraphs

3.2 3.6, whilst ronting a road is discussed at

3.7 3.10. This is illustrated in fgure 13.

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

permitted as long as the other limitations are met.


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4.0m

4.0m

6.0m

2.0m

4.0m

5.0m

1.0m


4.1

I any part o the extension is within 1 metre

o the boundary o the curtilage, it can only

project rom the line o the rear elevationnearest to the boundary by 3 metres i 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 o the rear elevation. For example i a sideextension, does extend beyond the line o the

rear wall and is within 1 metre o the

boundary, then it cannot project rom the

rear wall nearest the boundary by more than

3 metres i a terraced house or 4 metres inany another case.

7


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4.19

The overall height o an extension can have a

signifcant impact on neighbours. Theeaveso

the extension cannot be higher than 3 metres.The overall height o the extension cannot

exceed 4 metres.

4.20

When measuring the height o the extension

on sloping, or uneven ground, the height

should be measured rom 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 ootprint o theoriginal 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 hal o the o the rear (or

ront i appropriate) curtilage o the originaldwellinghouse. This is explained urther in

paragraphs 3.12 3.13.

4.23

There are no Class 1A permitted development

rights in a conservation area or or ats.

A listed building consent is required i theproposed extension aects the character or

setting o a listed building.

4.24

Planning authorities will be able to confrm

whether a property is located within a

conservation area. Inormation on listed

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

scotland.gov.uk/historicandlistedbuildings orwww.environment.scotland.gov.uk.
http://www.historicscotland.gov.uk/historicandlistedbuildingshttp://www.historicscotland.gov.uk/historicandlistedbuildingshttp://www.historicscotland.gov.uk/historicandlistedbuildingshttp://www.historicscotland.gov.uk/historicandlistedbuildings


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Class 1A.

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

alteration to the roo required or the purpose o the enlargement.

(2) Development is not permitted by this class i

(a) any part o the development would be orward o a wall orming part o the principal elevation or side elevation

where that elevation ronts a road;

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

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

than

(i) 3 metres in the case o a terrace house; or(ii) 4 metres in any other case;

(c) the height o the eaves o the development would exceed 3 metres;

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

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

twice the area o ground covered by the original dwellinghouse;

() as a result o the development the area o ground covered by development within the ront or rear curtilage o

the dwellinghouse (excluding the original dwellinghouse and any hard surace or deck) would exceed 50% o the

area o the ront or rear curtilage respectively (excluding the ground area o the original dwellinghouse and any hard

surace 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 foor extension o moretan a one store

SUMMARy=0.

4.25

Permitted development rights allow the

enlargement o a dwellinghouse by the way o

a ground oor extension consisting o more

than one storey. The permitted development

rights also allow any alteration to the roo

required or the purpose o the enlargement. In

summary, the eect o the limitations is that: extensions are generally located to the rear

the distance between the extension and

any boundary is a minimum o 10 metres

the height o the extension is not higher

than the existing dwellinghouse

the ootprint o the extension is not larger

than the originaldwellinghouse or covering

more than hal the curtilage

4.26

Many 1 storey and 2 storey extensions

are more likely to have a greater impact than

a single storey extension. It is recognisedthat the majority o 1 storey and 2 storey

extensions will require an application or

planning permission.

4.27

There are no permitted development rights in

conservation areasor or ats. Listed building

consent will normally be required i your

building is Listed.

4.28

A building warrant rom the local authority

will be required or this type o extension, as



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4.29I the extension exceeds any o the ollowing

limits then an application or planning


4.30

The extension cannot be orward o a wall

orming part o the principalelevationor side

elevation i that elevation is rontinga road.



3.2 3.6, whilst ronting a roadis discussed

at 3.7 3.10. This is illustrated in fgure 14.

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

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


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4.31

1 storey or 2 storey extensions are more

likely to have a visual impact, potentially

causing overshadowing or overlooking. Nopart o the extension can thereore be within

10 metres o any boundary o the curtilage.

4.32

The overall height o the extension cannot be

higher than the existing roo. This would be

the ridge o the roo. Roo alterations relating

to the extension are also permitted. Other roo

alterations should be carried out using theother relevant classes.

4.33

The area covered by all extensions, including

any existing and the proposed extension,

cannot be greater than the ootprint o 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 hal o the rear (or ront i appropriate)

curtilage o the original dwellinghouse. This is

explained urther in paragraphs 3.11 3.13.

4.35

There are no Class 1B permitted development

rights in a conservation areaor or ats.

A listed building consent is required i theproposed extension aects the character or


4.36



conservation area. Inormation on listedbuildings is available rom http://www.historic-

scotland.gov.uk/historicandlistedbuildings or

www.environment.scotland.gov.uk.

10.0m

10.0m10

.0m


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Class 1B.

(1) Any enlargement o a dwellinghouse by way o a ground foor extension consisting o more than one

storey, including any alteration to the roo required or the purpose o the enlargement.




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

(c) as a result o the development the height o the dwellinghouse would exceed the height o the existing

dwellinghouse, when measured at the highest part o the roo and excluding any chimney;

(d) as a result o the development the area o ground covered by the resulting dwellinghouse would be more thantwice the area o ground covered by the original dwellinghouse;

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



surace or deck); or

() it would be within a conservation area.

lEGISlATION


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a

2.0mb

a x b < 3.0 m2


Porc

4.37

Permitted development rights al low theerection, construction or alteration o any

porch outside any external door o a

dwellinghouse. The limitations are:

the porch cannot have a ootprint o greater

than 3 square metres

the minimum distance between the porch

and any boundary and a road is more than

2 metres

the height o the porch cannot be higher

than 3 metres

4.38

I the porch exceeds any o the above limits

thenan application or planning permissionis

required.

4.39


or porches in a conservation area or or a

at. A listed building consentis required i the

proposed extension aects the character or


4.40



conservation area. Inormation on listedbuildings is available rom http://www.historic-


www.environment.scotland.gov.uk

4.41

A building warrant rom the local authority

may be required or porches, as explained in

Section 2.

29
https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/


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Class 1C.

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


(a) its ootprint would exceed 3 square metres;

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

(c) any part o the development would exceed 3 metres in height; or

(d) it would be within a conservation area.

lEGISlATION


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4. makinG cHanGes to a dwellinGHouse enlarGement oF tHe rooF

Enargement o te roo

SUMMARy

4.42


enlargement o a dwellinghouse by way o

an addition or alteration to its roo. This class

typically relates to the addition o a dormer.

A badly designed dormer can harm the

appearance o a dwellinghouse. The larger the

dormer, the more challenging it is to produce

a good design. In summary, the eect o the


dormers are generally located to the rear

the distance between the dormer and

boundary it ronts is a minimum o

10 metres

the height o the dormer is not higher than

the existing dwellinghouse

the dormer, or dormers, covers less thanhal the roo

the distance between the dormer and

the edge o the roo is a minimum o

0.3 metres

4.43

There are no permitted development rights to

enlarge a roo in a conservation area. Listed

building consent will normally be required iyour building is Listed.

4.44

Building standards may apply and a building

warrant rom the local authority may be

required or this type o development as



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4.45

I the development exceeds any o the

ollowing limits then an application or

planning permission is required.

4.46

Figure 15 overlea illustrates the restrictions

or a dormer, the highlighted areas indicate

where the development is not permitted as

long as the other limitations are met.

4.47


in a conservation areaor or ats. A listed

building consent is required i the proposeddevelopment aects the character or setting

o a listed building.

4.48




buildings is available rom www.historic-

https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/https://eplanning.scotland.gov.uk/WAM/


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4.49

The development cannot be part o the

roo orming the principal elevation or side

elevation i that elevation is ronting a road.The identifcation o the principal elevation and



3.7 3.10.

4.50

Any enlargement or alteration to a roo is likely

to have a visual impact and potentially cause

overlooking. The development must be at least

10 metres rom the boundary that it ronts.

4.51

The dormer must not exceed hal the width o

the roo plane (the width o the roo plane is

measured at the eaves line). The development

must be at least 0.3 metres rom the edge o

the roo plane, or example the ridge o the

roo or the edge o a hipped roo.

4.52

The overall height o the dwellinghouse

cannot be increased as a result o the

development. This is measured against the

existing ridge o the roo.

10.0m0.3

m

a

b

x

0.3m

0.3m

0.3m

a + b 1/2 x

Figure 15: Roo enlargements


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Class 1D.

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


(a) it would be on a roo plane orming part o the principal elevation or side elevation where that elevation ronts a

road;

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

which that roo plane ronts;

(c) as a result o the development the height o the dwellinghouse would exceed the height o the existing

dwellinghouse, when measured at the highest part o the roo and excluding any chimney;

(d) its width would exceed hal the total width o the roo plane, measured at the eaves line, o the dwellinghouse;(e) any part o the development would be within 0.3 metres o any edge o the roo plane o the dwellinghouse; or

() 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 improements,additions or aterations to adeingouse tat are not an

enargement4.53

There are many types o alterations or

improvements to a dwellinghouse that

are not enlargement. The most common

types o alterations or improvements to a

dwellinghouses are described in classes 2A

and 2B.

Access Ramps

Class 2A The erection, construction or

alteration o any access ramp outside any

external door o a dwellinghouse.

This class allows small ramps to

be attached to any external door o

dwellinghouse so long as certain limitations

are met. The ramp is not longer than

5 metres and the overall length o ramp

and landings is not longer than 9 metres.

The ramp is not higher than 0.4 metres and

the combined height o the ramp and anyhandrail does not exceed 1.5 metres.

Improements or aterations tat are not

an enargement, incuding repacement

indos, soar panes, fues and

sateite dises etcClass 2B Any improvement, addition or

other alteration to the external appearance o

a dwellinghouse that is not an enlargement.

This class is best visualised as a 1 metre

bubble surrounding the walls and roo o

a dwellinghouse. A householder can add a

wide range o dierent types o development

without having to apply or planningpermission.

Wind turbines, balconies, raised terraces or

platorms are not permitted by this class.

4.54

These permitted development rights do NOT

apply toats.

4.55

I the proposed development alls into any o

the above classes and is in a conservation

area then an application to the planning

authority is required.
http://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planninghttp://www.scotland.gov.uk/Topics/Built-Environment/planning/Local-Planning


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4. makinG cHanGes to a dwellinGHouse access ramps

Class 2A.(1) The erection, construction or alteration o any access ramp outside an external door o a dwellinghouse.


(a) the combined length o all ights orming part o the access ramp would exceed 5 metres;

(b) the combined length o all ights and landings orming part o the access ramp would exceed 9 metres;

(c) any part o the ramp would exceed 0.4 metres in height;

(d) the combined height o the ramp and any wall (excluding any external wall o the dwellinghouse), ence,

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 o 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

Improements or aterations tatare not an enargement, incudingrepacement indos, soar

panes, fues, and sateite disesetc

4.61

Permitted development rightsallow any

improvement, addition or other alteration to

the external appearance o a dwellinghouse

that is not an enlargement. This is best

visualised as a 1 metre bubble surrounding

the dwellinghouse. A householder can

thereore carry out a wide range o dierent

types o development without having to apply

or planning permission. This class also covers

the installation, alteration or replacement o

solar PV or solar thermal equipment.

4.62

I the development exceeds any o the



4.63

The development must not enlarge the

dwellinghouse. This means that the

development cannot increase the internalvolume o the original building. This includes

a canopy or roo, 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 rom the wall or roo.

4.65

The ollowing types o development are not

permitted by this class:

balcony, roo terrace or raised platorm

wind turbine

4.66

The ollowing developments are also not

permitted as they are permitted by other

classes: access ramps

a range o building or engineering

operations including garden works, oil tanks

a ue orming part o biomass heating

system

ue orming part o combined heat and

power system

air source heat pump

CCTV

4.67

Section 6 discusses the installation, alteration

or replacement o a biomass heating system

ue or a combined heat and powers system

ue or air source heat pump.


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4.68

To ensure that the general character o an

area is maintained, there is a condition that

materials used or any roo covering mustbe similar in appearance to the existing roo.

Solar PV or solar thermal panels are not

considered to be a roo covering.

4.69

An alteration to the external appearance

would allow the painting (or repainting) o the

property. It would also allow the painting or

attaching o an advertisement to the property.While an application or planning consent

may not be required by virtue o this class, an

application or advertisement consent may be

required under the Town and Country Planning

(Control o Advertisements) (Scotland)

Regulations 1984 depending on the nature

and size o any such advertisement.

4.70


rights in a conservation area. Listed

building consent is required i the proposeddevelopment aects the character or setting

o alisted building.

4.71

A building warrant rom the local authority may

be required, as explained in Section 2.

4.72

Planning authorities will be able to confrmwhether a property is located within a


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




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40


Class 2B.(1)Any improvement, addition or other alteration to the external appearance o a dwellinghouse that is not an

enlargement.


(a) it would protrude more than 1 metre rom the outer surace o an external wall, roo plane, roo ridge or chimney

o the dwellinghouse;

(b) it would be a wind turbine;

(c) it would be a balcony;

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

(e) it would be within a conservation area; or() 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 or any roo covering must be

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

lEGISlATION




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

Introduction to oter deeopmentitin te curtiage o adeingouse

4.73

There are many other types o developments

that can happen within the curtilage o

dwellinghouse. The ollowing 5 classes cover

the most common types o developments.

Installation o microgeneration equipment is

discussed in Section 6.

Anciar buidings incuding seds,

garages, sun-ouses, greenouses

etc.

Class 3A The provision within thecurtilage o a dwellinghouse o any

building required or a purpose incidental

to the enjoyment o a dwellinghouse or

the maintenance or improvement o such

a building.

This class generally allows the provision o

any building incidental to the enjoyment o

the dwellinghouse i it is in the rearcurtilage. In the main this covers sheds,

garages, greenhouses etc.

In the case o dwellinghouses in a

conservation areaor within the curtilage o a

listed building, the oor area o the ancillary

building can not exceed 4 square metres.

An buiding, engineering, instaation

or oter operation

Class 3B The carrying out o any building,

engineering, installation or other operationwithin the curtilage o a dwellinghouse,

required or a purpose incidental to the

enjoyment o that dwellinghouse.

This class generally allows or the carrying

out o an operation within the rear curtilage

o a dwellinghouse not covered by other

classes. Typical development permitted by

this class include ree-standing solar panels,ag poles, swimming pools, oil tanks etc.

This permitted development rights does not

apply in conservation areas or within the

curtilage o a listed building.


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

Decing or oter raised patorm

Class 3D The erection, construction,

maintenance, improvement or alteration o

any deck or other raised platorm withinthe curtilage o a dwellinghouse or any

purpose incidental to the enjoyment o the

dwellinghouse.

This class generally permits the

construction o a deck or other raised

platorm in the rear garden so long as the

oor level does not exceed 0.5 metres and

the combined height o the deck and anyattached balustrade or screening does not

exceed 2.5 metres.

In the case o land in aconservation areaor

within the curtilage o a listed building, the

ootprint o the deck cannot exceed

4 square metres.

hard surace

Class 3C The provision within the

curtilage o a dwellinghouse o a hard

surace or any purpose incidental to theenjoyment o the dwellinghouse or the

replacement in whole or in part o such a

surace.

This class generally permits the

construction or replacement o a hard

surace. I the hard surace is between

the dwellinghouse and a road then the

materials used should be permeable or,alternatively, rain water run o should be to

a permeable surace within the curtilage.

This permitted development rights or hard

suraces does not apply inconservation

areasor within the curtilage o alisted

building.

Gates, ences, as or oter means o

encosure

Class 3E The erection, construction,

maintenance, improvement or alterationo any gate, ence, wall or other means

o enclosure any part o which would be

within or would bound the curtilage o a

dwellinghouse.

The overall height o the gate, ence, wall or

other means o enclosure must not exceed

2 metres. However, i it ronts a road or

comes orward o the principal elevation orside elevation nearest a road then it cannot

exceed 1 metre. Where an existing gate,

ence, wall or other means o enclosure is

replaced or altered the height limit is either

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

the height o the original structure.

These permitted development rights do not

apply in aconservation areaor within the

curtilage o a listed building.


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

Anciar buidings incudingseds, garages, greenouses etc

SUMMARy

4.74

Permitted development rights al low or

the provision o any building required or a

purpose incidental to the enjoyment o the

dwellinghouse. Typical developments include

sheds, garages, sun-houses and greenhouses.

In summary, the eect o the limitations is that:

ancillary buildings are generallylocated to the rear

at least hal the curtilage remains

undeveloped

the height o the building is not higher than

4 metres and the sections within 1 metre

o the boundary would be higher than

2.5 metres

the height o the eaves is not higher than

3 metres

4.75


conservation area or within the curtilage o

a listed building development is permitteddevelopment as long as the ootprint o the

ancillary building does not exceed 4 square

metres. Listed building consent is required

i the proposed development aects the

character or setting o a listed building.

4.76


be required or these types o developments,

as explained in Section 2.


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4.77

I the building exceeds any o the ollowinglimits then an application or planning


4.78

The building cannot be used as a separate

dwelling.

4.79

The building cannot be orward o a wallorming part o the principal elevation or side





3.7 3.10.

4.80

This is illustrated below, the shaded areaso the curtilage indicate where an ancillary

building is permitted as long as the other

limitations are met.

4.81

The overall height o a building can have a

signifcant impact on neighbours. The eaves

o the building cannot be higher than3 metres. The height o the building cannot

exceed 4 metres.

4.82

The parts o the building within 1 metre o a

boundary must not be higher than 2.5 metres.

This is illustrated on page 43.

4.83

When measuring the height o thedevelopment on sloping or uneven ground, the

height should be measured rom the lowest

point immediately adjacent to the extension.

4.84

The proposed development and existing

developments (including extensions, sheds,

garages) cannot exceed hal o the o the rear(or ront i appropriate) curtilage o the original

dwellinghouse, this is explained in paragraphs

3.11 3.12.

4.85


conservation areaor within the curtilage o a

listed building, the oor area o the ancillary

building cannot exceed 4 square metres.

A listed building consent is required i the

proposed development aects the character

or setting o a listed building.

4.86







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Class 3A.(1) The provision within the curtilage o a dwellinghouse o a building or any purpose incidental to the

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


(a) it consists o a dwelling;

(b) any part o the development would be orward o a wall orming part o the principal elevation or side elevation


(c) the height o the eaves would exceed 3 metres;

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

(e) any part o the development within 1 metre o the boundary o the curtilage o the dwellinghouse would exceed2.5 metres in height;

() as a result o the development the area o ground covered by development within the ront or rear curtilage o



surace or deck); or

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

have a ootprint exceeding 4 square metres.

lEGISlATION


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

An buiding, engineering,instaation or oter operation

SUMMARy

4.87

Permitted development rights allow or the

carrying out o works within the rear curtilage

o a dwellinghouse not covered by other

classes. It is intended to apply to garden

works, ree-standing solar panels, ag poles,

swimming pools and oil tanks. In summary, the

eect o limitations is that: the development is generally located in the

rear

the height o the resulting structure is not

higher than 3 metres

at least hal the curtilage remains

undeveloped

4.88

This permitted development rights do not apply

in conservation areas or within the curtilage o

a listed building.

4.89


be required or these types o developments,

as explained in Section 2.


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TEChNICAl

4.90

I the development exceeds any o theollowing limits then an application or planning

permissionis required.

4.91

Building operation is included in the

description, as in terms o the defnition o

development and includes a wider range o

development than just the provision o an

actual building.

4.92

The development cannot be orward o a wall



The identifcation o theprincipal elevationand


3.2 3.6, whilstronting a road is discussed at

3.7 3.10.

4.93

This is illustrated below, the shaded areas o

the curtilage indicate where works is permitted

as long as the other limitations are met.

4.94

The overall height o the development can

have a signifcant impact on neighbours.

The development cannot be higher than3 metres. When measuring the height o the

development on sloping or uneven ground, the

height should be measured rom the lowest

point immediately adjacent to the development.


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4.95

The proposed development and existing

developments (including extensions, sheds,

garages etc.) cannot exceed hal o the rearcurtilage (or ront i appropriate) curtilage o

the original dwellinghouse, this is explained in

paragraphs 3.12 3.13.

4.96

The ollowing types o development are not

permitted by this class, as these types o

developments are permitted by other classes:

ancillary buildings hard surace

decking

gate, ence, wall or other means o

enclosure

ground source heat pump

water source heatpump

ree-standing wind turbine air source heat pump

means o access

4.97


rights in a conservation areaor within the

curtilage o alisted building. An application tothe planning authority is required.

4.98



conservation area. Inormation onlisted




| | |


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49



Class 3B.(1) The carrying out o any building, engineering, installation or other operation within the curtilage o a

dwellinghouse or any purpose incidental to the enjoyment o that dwellinghouse.




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

(c) as a result o the development the area o ground covered by development within the ront or rear curtilage o


area o the ront or rear curtilage respectively (excluding the ground area o the original dwellinghouse and any hardsurace or deck);

(d) it would be within a conservation area or within the curtilage o 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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50


4. makinG cHanGes to a dwellinGHouse Hard surFace

hard surace

4.99


construction or replacement o a hard surace

within the curtilage o a dwellinghouse.

4.100

I the hard surace exceeds any o the



4.101

I the hard surace is located between the

dwellinghouse and a road, then it must be

constructed o a porous material or that

provision is made or surace water run o

to be directed to a porous area within the

curtilage o the dwellinghouse.

4.102

This provision is introduced ollowing a review

o extreme ooding events and concerns

expressed by regulatory authorities and watercompanies that the cumulative impact o

small increases in hard suracing is leading

to increased run o into road drains that

ultimately ow into watercourses or sewage

treatment works. The intention o the condition

is to encourage householders to adopt the

principles o source control.

4.103

The Department o Communities and Local

Government has produced separate guidance

on permeable paving. This can be ound

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

planningandbuilding/pd/pavingrontgardens.pd.

4.104

Planning permission is required or a hard

surace in conservation areas and in the

curtilage o listed buildings. A buildingwarrant rom the local authority may


4.105




buildingsis available rom: www.historic-



http://www.communities.gov.uk/documents/planningandbuilding/pdf/pavingfrontgardens.pdfhttp://www.communities.gov.uk/documents/planningandbuilding/pdf/pavingfrontgardens.pdfhttp://www.communities.gov.uk/documents/planningandbuilding/pdf/pavingfrontgardens.pdfhttp://www.communities.gov.uk/documents/planningandbuilding/pdf/pavingfrontgardens.pdfhttp://www.communities.gov.uk/documents/planningandbuilding/pdf/pavingfrontgardens.pdfhttp://www.communities.gov.uk/documents/planningandbuilding/pdf/pavingfrontgardens.pdf


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4. makinG cHanGes to a dwellinGHouse Hard surFace

Class 3C.(1) The provision within the curtilage o a dwellinghouse o a hard surace or any purpose incidental to the

enjoyment o that dwellinghouse or the replacement in whole or in part o such a surace.

(2) Development is not permitted by this class i it would be within a conservation area or within the curtilage o a

listed building.

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

between the dwellinghouse and a road bounding the curtilage o the dwellinghouse

(a) the hard surace must be made o porous materials; or

(b) provision must be made to direct run o water rom the hard surace to a permeable or porous area or surace

within the curtilage o the dwellinghouse.

lEGISlATION



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

Decing or oter raised patorm

SUMMARy

4.106

Permitted development rights al low theerection, construction, maintenance,improvement or alteration o any deck orother raised platorm within the curtilage o adwellinghouse. In summary, the eect o thelimitations is that:

decks are generally located to the rear

the height o the oor level does not

exceed 0.5 metre the total height o the deck, including any

attached structure does not exceed2.5 metres

4.107

I the deck, or raised platorm, is in aconservation area or within the curtilage olisted building the maximum size o the deck,or raised platorm, is 4 square metres. There

are no permitted development rights or ats.

4.108

A building warrant rom the local authoritymay be required or the deck or other raised

platorm, as explained in Section 2.


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4.109

I the deck, or raised platorm, exceeds any

o the ollowing limits then an application or


4.110

Decks cannot be orward o a wall orming

part o the principal elevation or side elevation

i that elevation is ronting a road. The

identifcation o the principal elevation and

side elevations are discussed in paragraphs3.2 3.6, whilst ronting a road is discussed at

3.7 3.10.

4.111

This is illustrated below, the shaded areas o

the curtilage indicate where an extension is

permitted as long as the other limitations are

met.

4.112

The maximum height o the platorm o the

decking is 0.5 metre. The total height i, or

example screens are attached, is 2.5 metres.

4.113

When measuring the height o the deck

on sloping or uneven ground, the height

should be measured rom the lowest point

immediately adjacent to the decking.

4.114

The size o decking in conservation areas

and within the curtilage o listed buildings is

restricted to 4 square metres to be permitteddevelopment.

4.115




buildingsis available rom www.historic-





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Class 3D.(1) The erection, construction, maintenance, improvement or alteration o any deck or other raised platorm

within the curtilage o a dwellinghouse or any purpose incidental to the enjoyment o that dwellinghouse.




(b) the oor level o any part o the deck or platorm would exceed 0.5 metres in height;

(c) the combined height o the deck and any wall, ence, balustrade, handrail or other structure attached to it, would

exceed 2.5 metres; or

(d) in the case o land within a conservation area or within the curtilage o a listed building the deck or platormwould have a ootprint exceeding 4 square metres.

lEGISlATION



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

Gates, ences, as or otermeans o encosure

4.116


erection, construction, maintenance,

improvement or alteration o any gate,

ence, wall or other means o enclosure.

4.117

I the gate, ence, wall or other means o

enclose exceeds the ollowing limits then

an application or planning permission

is required.

4.118

The maximum height o any gate, ence, wall

or other means o enclosure is 2 metres.

Whilst its maximum height 1 metre i it ronts

a road (explained in paragraphs 3.9 - 3.10)

or comes orward o theprincipal elevationor

side elevation nearest a road. Identiying the

principal elevation is explained in paragraphs3.2 3.6.

4.119

When measuring the height o the

development on sloping or uneven ground, the

height should be measured rom the lowestpoint immediately adjacent to the gate, ence,

wall or other means o enclosure.

4.120

The replacement or alteration o an existing

gate, ence, wall or other means o enclosure

to its original height is permitted. For example,

an existing 1.2 metre ence orward o the

principal elevation can be replaced with

a ence up to 1.2 metres in height. I the

replacement ence is higher than 1.2 metres

then an application or planning permission

would be required. Alternatively, i replacing a

0.8 metre high ence orward o the principal

elevationit can be replaced by with a ence up

to 1 metre in height.

4.121

Planning permission is needed or gates,

ences, wall or other mean o enclosure in

conservation areas and in the curtilage o

listed buildings.

4.122









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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 o any gate, ence, wall or other

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


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

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

it

(i) ronts a road; or

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

(c) it replaces or alters an existing gate, ence, wall or other means o enclosure and exceeds whichever is thegreater o 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 o a listed building.

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5. makinG cHanGes to a Flat

5.1

Due to the vast variety o ats, it is not

possible to provide extensive permitted

development rights or ats.

5.2

A at is defned as a separate and sel

contained set o premises whether or not on

the same oor and orming part o a building

rom some other part o which it is divided

horizontally.

5.3

The specifc permitted development rights orats are detailed below. Other relevant classes

include:-

Class 7: construction o gate, ences, walls

and other means o enclosure

Class 72: Closed Circuit Television Cameras

(CCTV).

Improements or aterations tatare not an enargement, incudingrepacement indos, soar

panes, fues, sateite dises

SUMMARy

5.4

Permitted development rights allow any

improvement or other alteration to the external

appearance o a dwelling situated within a

building containing one or more ats that is

not an enlargement. This is best visualised as

a 1 metre bubble surrounding a at. A widerange o dierent types o developments are

permitted without having to apply or planning

permission, including the installation, alteration

or replacement o solar PV or solar thermal

equipment. In summary, the eect o the


the development does not enlarge the at

the distance any development can projectrom the walls and roo o the at is not

more than 1 metre

the development is not a balcony, roo

terrace or raised platorm, wind turbine,

a ue orming part o biomass heating

system, ue orming part o combined heatand 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 o

a listed building. A listed building consent is

required i the proposed development aects

the character or setting o a listed building.

5.6





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O | C | CO S | C OS

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

panels, Flues and satellite disHes etc.


5.7

I the development exceeds any o theollowing limits then an application orplanning permission is required.

5.8

The development must not enlarge the at.This means that the development cannotincrease the internal volume o the originalbuilding. Enlargement includes a canopy orroo, with or without wall, which is attached tothe building but does not include a balcony.

5.9

The development must not project by morethan 1 metre rom the wall or roo.

5.10

The size o windows and doors cannot bealtered. An application or planning permission

is required i, or example, a larger window iscreated rom 2 smaller windows or a windowis converted into a door which is larger than

the window.

5.11

The development cannot be a balcony or, iit is on the roo, a raised platorm or terrace.The ollowing types o development are notpermitted by this class because they arepermitted by other classes:

wind turbine

biomass heating system ue

combined heat and powers system ue

air source heat pump

CCTV

5.12

There are no Class 4A permitted developmentrights or conservation areas or withinthe curtilage o a listed building. Planningauthorities will be able to confrm whethera property is located within a conservationarea. Inormation on listed buildings isavailable rom: www.historic-scotland.gov.uk/historicandlistedbuildings

or www.environment.scotland.gov.uk.

5.13

Section 6discusses the installation, alterationor replacement o a biomass heating system

ue or a combined heat and powers systemue or air source heat pump.

5.14

An alteration to the external appearance o aat would allow the painting (or repainting) othe property. It would also allow the painting orattaching o an advertisement to the property.While an application or planning permissionmay not be required by virtue o this class, an

application or advertisement consent may berequired under the Town and Country Planning(Control o Advertisements) (Scotland)Regulations 1984 depending on the nature

and size o any such advertisement.

http://www.historic-scotland.gov.uk/historicandlistedbuildingshttp://www.historic-scotland.gov.uk/historicandlistedbuildingshttp://www.historic-scotland.gov.uk/historicandlistedbuildingshttp://www.historic-scotland.gov.uk/historicandlistedbuildings


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Class 4A.(1) Any improvement or other alteration to the external appearance o a dwelling situated within a building

containing one or more fats.


(a) it would be an enlargement;

(b) it would protrude more than 1 metre rom the outer surace o an external wall, roo plane, roo ridge or chimney;

(c) the dimensions o an existing window or door opening would be altered;

(d) it would be a balcony;

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

() it would be a wind turbine;(g) it would be within a conservation area or within the curtilage o 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, ences, as or otermeans o encosure

5.15

Permitted development rights al low theerection, construction, maintenance,improvement or alteration o any gate, ence,wall or other means o enclosure.

5.16

I the gate, ence, wall or other means oenclosure exceeds any o the ollowing limitsthen an application or planning permission isrequired.

5.17

The maximum height o any new gate, ence,wall or other means o enclosure is 2 metres,but where it is within 20 metres o a road themaximum height is 1 metre.

5.18

When measuring the height o thedevelopment on sloping or uneven ground, theheight should be measured rom the highest

point immediately adjacent to the gate, ence,wall or other means o enclosure.

5.19

The replacement or alteration o an existinggate, ence, wall or other means o enclosureto its original height is permitted. For example,an existing 1.2 metre ence within 20 metreso a road can be replaced with a ence up to1.2 metres in height. I the replacement ence

is higher than 1.2 metres then an applicationor planning permission would be required.Alternatively, i replacing a 0.8 metre highence within 20 metres o a road it can bereplaced by with a ence up to 1 metre inheight.

5.20

There are no Class 7 permitteddevelopment rights or conservation areasor within the curtilage o alisted building.

Planning authorities will be able to confrmwhether a property is located within aconservation area. Inormation on listedbuildings is available romwww.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

-

http://www.historic-scotland.gov.uk/historicandlistedbuildingshttp://www.historicscotland.gov.uk/historicandlistedbuildingshttp://www.environment.scotland.gov.uk/http://www.environment.scotland.gov.uk/http://www.historic-scotland.gov.uk/historicandlistedbuildingshttp://www.environment.scotland.gov.uk/http://www.environment.scotland.gov.uk/http://www.historicscotland.gov.uk/historicandlistedbuildingshttp://www.historic-scotland.gov.uk/historicandlistedbuildings


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Class 7.(1) The

Documents

GPD Soctland