The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 amends the General Permitted Development (Scotland) Order 1992, extending permitted development rights (PDR) as Phase 3 of the Scottish Government's phased review programme1. The Order was made under sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997 and is subject to negative procedure1.
The Phase 3 measures follow a public consultation that ran from 31 May to 23 August 2023, with findings published on 30 November 2023 and an independent analysis of responses published in March 20241. The Scottish Government states the measures are intended to support the deployment of domestic and non-domestic renewables equipment, the alteration or replacement of windows to improve energy efficiency, and the roll-out of electricity network infrastructure1.
"In view of the cost and climate crises, the changes introduced by the Order provide additional flexibility for homeowners to install a range of domestic microgeneration equipment without a planning application being required."
For domestic renewables, Classes 6D and 6E are amended so that PDR for ground source and water source heat pumps cover associated pipework and other apparatus, not just the pump1. A substituted Class 6G replaces the previous 100m separation requirement for free-standing wind turbines with a distance based on turbine size: the turbine must be situated a distance which is less than 110% of the overall height of the turbine from any other dwelling's curtilage, with maximum height limited to 15m and the lowest part of any blade at least 5m above ground level1. Installation must follow MCS planning standards for domestic wind turbines or an equivalent standard, and prior approval must be sought on siting, design and external appearance1.
New Class 6HA provides PDR for solar panels mounted on a dwelling, including within conservation areas, though panels may not be attached to the principal elevation or a side elevation fronting a road there, and the class does not apply to listed buildings or dwellings in a World Heritage Site1. New Class 6HB covers solar panels on outbuildings, with panels not protruding more than 500mm from the wall or roof, and does not apply in front curtilage, to listed buildings or in a World Heritage Site1. New Class 6HC provides PDR for a wind turbine on a detached dwellinghouse, limited to one turbine per dwellinghouse1.
| Class | Applies to | Key limits |
|---|---|---|
| 6HA | Solar panels on a dwelling | Not on principal elevation or side elevation fronting a road in conservation areas; not listed buildings or World Heritage Sites |
| 6HB | Solar panels on outbuildings | Maximum 500mm protrusion; not front curtilage, listed buildings or World Heritage Sites |
| 6HC | Wind turbine on a detached dwellinghouse | One turbine per dwellinghouse; MCS standards apply |
| 6G | Free-standing wind turbine in curtilage | Maximum 15m height; blade lowest part at least 5m above ground; prior approval required |
For non-domestic buildings, Class 6I is amended so PDR cover the pump and associated equipment, with restrictions in certain designated areas and on total heat output capacity removed1. A new Class 6J permits solar PV or solar thermal equipment on non-domestic buildings, with panels not protruding more than 1m from the surface, and does not apply on listed buildings, in national scenic areas, historic gardens or designed landscapes, National Parks, World Heritage Sites, or within 3km of an aerodrome or technical site1. New Class 6N allows free-standing solar panels within the curtilage of a non-domestic building, restricted to a maximum total area of 12 square metres1. The Order also removes the output limits that defined microgeneration, so Part 1B now refers to non-domestic microgeneration "and generation" equipment1.
Why it matters for households
The changes widen the categories of home energy equipment that can be installed without a planning application in Scotland, which affects how quickly and at what administrative cost a household can add generation or efficiency measures. Solar panels on dwellings in conservation areas become possible under Class 6HA where they were not previously covered, subject to elevation restrictions1. Heat pump installations now carry PDR for associated pipework and apparatus, not only the pump1. The revised turbine separation rule replaces a fixed 100m distance with one scaled to turbine height, which changes where a free-standing turbine may be sited relative to neighbouring curtilage1. None of the sources state how these changes interact with existing Article 4 directions that withdraw PDR in specific areas, and no figures on expected installation numbers or bill impacts are given.
What happens next
The Order is subject to negative procedure1. The sources do not state a commencement date for the Phase 3 measures. Class 9M, introduced in Phase 2 and in force from 31 March 2023, is replaced by a new version under article 14, with limits and controls on the battery storage element to avoid significant loss of parking spaces1.