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Scottish Government publishes planning circular 1/2024 on householder permitted development rights

The Scottish Government has published planning circular 1/2024, setting out the householder permitted development rights covering heat pumps, wind turbines, solar panels and biomass flues in Scotland.

A newspaper on a kitchen table beside a model of rules and regulation

The Scottish Government published planning circular 1/2024 on householder permitted development rights on 28 May 2024. The circular sets out the works householders can carry out to alter or improve their home without applying for planning permission, including the installation of domestic microgeneration equipment1.

Section 6 of the circular covers ground and water source heat pumps, air source heat pumps, free-standing and roof-mounted wind turbines, solar panels and flues for biomass and combined heat and power systems1. It states that all limitations and restrictions within a class must be complied with for a development to benefit from the permitted development rights granted by that class1.

For air source heat pumps, Class 6H permits installation on a dwelling or within its curtilage, meaning a dwellinghouse, a building containing one or more flats, or a flat within such a building1. Development is not permitted if it would result in more than one air source heat pump on the same building or within the curtilage of a building, if any part would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney, or if any resulting structure would exceed 3 metres in height1. In a Conservation Area the pump must be at ground floor level and on the rear elevation, and development is not permitted in a World Heritage Site or within the curtilage of a listed building1. The pump must be used only for domestic heating or hot water and must comply with MCS Planning Standards for air source heat pumps or equivalent standards1.

Ground source and water source heat pumps fall under Classes 6D and 6E, which permit installation, alteration or replacement within the curtilage of a dwellinghouse or a building containing a flat, including associated pipes and apparatus. The circular states there are no additional restrictions on those rights1. Free-standing wind turbines fall under Class 6G, which permits one turbine per dwelling curtilage, with a blade tip height not exceeding 15 metres and the lowest blade part at least 5 metres from ground level1. The turbine must be sited not less than 110% of its blade tip height from the curtilage of another dwelling, and development is not permitted in a conservation area, World Heritage Site, site of special scientific interest, site of archaeological interest, or within the curtilage of a listed building1. Prior notification and approval procedures must be completed before development commences1.

The circular describes the purpose of the guidance in its own terms:

"Guidance on householder permitted development rights (PDR). It explains what works people can carry out to alter or improve their home without an application for planning permission."
Scottish Government, planning circular 1/20241

Why it matters for households

Permitted development rights determine whether a householder needs a full planning application before installing equipment that generates or supplies their own energy. For ground and water source heat pumps, the circular records no additional restrictions beyond the class itself, which places them among the least constrained of the listed technologies1. Air source heat pumps carry more conditions, including a one-unit limit per building or curtilage, a 1 metre protrusion limit and a 3 metre height limit, and they are excluded from World Heritage Sites and the curtilage of listed buildings1. Wind turbines carry siting, height and safeguarded-site restrictions, and require prior notification and approval before work starts1. The practical effect is that the route to installation, and the scope for objection or delay, varies by technology and by the designation of the property and its surroundings. The circular does not address grid connection, building warrants or any other consent that may apply.

What happens next

The circular states that where prior approval applies to a free-standing wind turbine, approval is treated as given on the expiry of 28 days following the date the application was received by the planning authority without the authority giving notice that approval is required1. It also states that development must be carried out within three years from the date on which all required approvals have been given1. No further dates are given in the circular.

Sources1 cited
  1. 6. Installing Microgeneration Equipment - Planning circular 1/2024: householder permitted development rights - gov.scot, gov.scot