The Scottish Government published its analysis of responses to phase 3 of its review of permitted development rights on 28 March 2024. The consultation covered PDR for domestic and non-domestic renewables equipment, along with transmission and distribution infrastructure, reverse vending machines and temporary target shooting ranges1. It opened on 31 May 2023 and closed on 23 August 2023, drawing 467 responses: 104 from groups or organisations and 363 from individual members of the public1.
PDR allow certain types of development to proceed without a planning application being submitted to, and approved by, the planning authority1. On domestic solar panels in conservation areas, 65 per cent of those giving a clear view agreed and 35 per cent disagreed; among organisations, 67 per cent agreed1. Proposals for solar panels on outbuildings within the curtilage of a dwellinghouse drew 74 per cent agreement, and amendments to classes 6D and 6E PDR for domestic ground and water source heat pumps drew 75 per cent1. Amendments to PDR for air source heat pumps drew 59 per cent agreement, with objections most commonly citing noise impacts1.
Support was narrower for wind. Amendments to PDR for free-standing domestic wind turbines drew 55 per cent agreement and 45 per cent opposition, with a majority of planning authority and professional or representative body respondents disagreeing1. Wall or roof-mounted turbines drew 53 per cent agreement and 47 per cent opposition1. Most respondents commenting specifically on turbine height supported the proposed 15m limit1.
| Proposal | Agreed (clear view) | Disagreed |
|---|---|---|
| Domestic solar panels in conservation areas | 65% | 35% |
| Domestic solar panels on outbuildings | 74% | 26% |
| Domestic air source heat pumps | 59% | 41% |
| Domestic ground and water source heat pumps (classes 6D, 6E) | 75% | 25% |
| Free-standing domestic wind turbines | 55% | 45% |
| Wall or roof-mounted domestic wind turbines | 53% | 47% |
| Non-domestic solar panels (class 6J) | 71% | 29% |
| Non-domestic solar panels within curtilage | 77% | 23% |
| Solar canopies (class 9M extension) | 78% | 22% |
| Non-domestic air source heat pumps | 69% | 31% |
| Non-domestic ground and water source heat pumps | 75% | 25% |
On non-domestic buildings, 71 per cent of those with a clear view agreed with amendments to class 6J PDR for attached solar panels, and 77 per cent agreed with a new PDR for panels within the curtilage1. All respondents who commented specifically on the proposed 12m2 limit on panel area argued it was too low, too restrictive or arbitrary1. Extending class 9M PDR to solar canopies generally drew 78 per cent agreement, and 76 per cent agreed an extended class 9M should have no maximum power generating capacity1.
"Analysis of responses to a public consultation on phase 3 of our programme to review and extend permitted development rights (PDR)."
Why it matters for households
PDR determine whether a householder needs to apply for planning permission before installing equipment such as solar panels, heat pumps or a small wind turbine. The consultation responses indicate where the Scottish Government may extend those rights, and where restrictions such as conservation area exclusions, listed building curtilage rules and separation distances would continue to apply. For homes in conservation areas, the proposed solar PDR would not permit panels on a principal elevation or a side elevation fronting a road, or within the curtilage of a listed building3. Where PDR are withdrawn locally, for example through an Article 4 direction, a full application is required regardless. Homes in listed buildings or conservation areas face separate consent requirements. The analysis covers Scotland only; the nations hub sets out how the other UK nations differ.
What happens next
The analysis does not set out a timetable for decisions on the phase 3 proposals, and no next steps have been reported1.
Sources3 cited
- Executive Summary - Permitted Development Rights review - phase 3: consultation analysis - gov.scot, gov.scot
- Permitted Development Rights review - phase 3: consultation analysis - gov.scot, gov.scot
- 2. Domestic Renewables - Permitted Development Rights review - phase 3: consultation analysis - gov.scot, gov.scot