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Circular 1/201Guidance onHouseHolder permitteddevelopment riGHts
2
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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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4. makinG cHanGes to a dwellinGHouse sinGle storey Ground Floor extensions
TEChNICAl EXPlANATION
4.14I the extension exceeds any o the ollowing
limits then an application or planning
permission is required.
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
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 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. makinG cHanGes to a dwellinGHouse sinGle storey Ground Floor extensions
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. makinG cHanGes to a dwellinGHouse sinGle storey Ground Floor extensions
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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4. makinG cHanGes to a dwellinGHouse sinGle storey Ground Floor extensions
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.
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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
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
4.29I the extension exceeds any o the ollowing
limits then an application or planning
permission is required.
4.30
The extension cannot be orward o a wall
orming part o the principalelevationor side
elevation i that elevation is rontinga road.
The identifcation o the principal elevation and
side elevations are discussed in paragraphs
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. makinG cHanGes to a dwellinGHouse Ground Floor extension oF more tHan a one storey
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
setting o a listed building.
4.36
Planning authorities will be able to confrm
whether a property is located within a
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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4. makinG cHanGes to a dwellinGHouse Ground Floor extension oF more tHan a one storey
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.
(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 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
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
() it would be within a conservation area.
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a
2.0mb
a x b < 3.0 m2
4. makinG cHanGes to a dwellinGHouse Ground Floor extension oF more tHan a one storey
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
There are no permitted development rights
or porches in a conservation area or or a
at. A listed building consentis required i the
proposed extension aects the character or
setting o a listed building.
4.40
Planning authorities will be able to confrm
whether a property is located within a
conservation area. Inormation on listedbuildings is available rom http://www.historic-
scotland.gov.uk/historicandlistedbuildings or
www.environment.scotland.gov.uk
4.41
A building warrant rom the local authority
may be required or 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 o any porch outside any external door o a dwellinghouse.
(2) Development is not permitted by this class i
(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.
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4. makinG cHanGes to a dwellinGHouse enlarGement oF tHe rooF
Enargement o te roo
SUMMARy
4.42
Permitted development rights al low the
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
limitations is that:
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
explained in Section 2.
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4. makinG cHanGes to a dwellinGHouse enlarGement oF tHe rooF
TEChNICAl EXPlANATION
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
There are no permitted development rights
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
Planning authorities will be able to confrm
whether a property is located within a
conservation area. Inormation on listed
buildings is available rom www.historic-
scotland.gov.uk/historicandlistedbuildings orwww.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 o the
roo orming 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 paragraphs
3.2 3.6, whilst ronting a road is discussed at
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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4. makinG cHanGes to a dwellinGHouse enlarGement oF tHe rooF
Class 1D.
(1) Any enlargement o a dwellinghouse by way o an addition or alteration to its roo.
(2) Development is not permitted by this class i
(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.
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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.
(2) Development is not permitted by this class i
(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.
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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
ollowing limits then an application or
planning permission is required.
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. 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 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
There are no Class 2B permitted development
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
conservation area. Inormation on listed
buildings is available rom 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 o a dwellinghouse that is not an
enlargement.
(2) Development is not permitted by this class i
(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.
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4. makinG cHanGes to a dwellinGHouse - improvements or alterations tHat are not an enlarGement, includinG replacement
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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
In the case o dwellinghouses in a
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
A building warrant rom the local authority may
be required or these types o developments,
as explained in Section 2.
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4. makinG cHanGes to a dwellinGHouse ancillary BuildinGs includinG sHeds, GaraGes, GreenHouses etc
TEChNICAl EXPlANATION
4.77
I the building exceeds any o the ollowinglimits then an application or planning
permission is required.
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
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.
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
In the case o dwellinghouses in a
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
Planning authorities will be able to confrm
whether a property is located within a
conservation area. Inormation on listed
buildings is available rom www.historic-
scotland.gov.uk/historicandlistedbuildings orwww.environment.scotland.gov.uk.
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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 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.
(2) Development is not permitted by this class i
(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
where that elevation ronts a road;
(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
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) 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.
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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
A building warrant rom the local authority may
be required or these types o 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
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
orming part o the principal elevation or side
elevation i that elevation is ronting a road.
The identifcation o theprincipal elevationand
side elevations are discussed in paragraphs
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. 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 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
There are no Class 3B permitted development
rights in a conservation areaor within the
curtilage o alisted building. An application tothe planning authority is required.
4.98
Planning authorities will be able to confrm
whether a property is located within a
conservation area. Inormation onlisted
buildings is available rom 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 o any building, engineering, installation or other operation within the curtilage o a
dwellinghouse or any purpose incidental to the enjoyment o that dwellinghouse.
(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 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
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 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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4. makinG cHanGes to a dwellinGHouse Hard surFace
hard surace
4.99
Permitted development rights al low the
construction or replacement o a hard surace
within the curtilage o a dwellinghouse.
4.100
I the hard surace exceeds any o the
ollowing limits then an application or
planning permission is required.
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
be required, as explained in Section 2.
4.105
Planning authorities will be able to confrm
whether a property is located within a
conservation area. Inormation onlisted
buildingsis available rom: 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 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.
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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. makinG cHanGes to a dwellinGHouse deckinG or otHer raised platForm
TEChNICAl EXPlANATION
4.109
I the deck, or raised platorm, exceeds any
o the ollowing limits then an application or
planning permission is required.
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
Planning authorities will be able to confrm
whether a property is located within a
conservation area. Inormation onlisted
buildingsis available rom www.historic-
scotland.gov.uk/historicandlistedbuildings or
www.environment.scotland.gov.uk.
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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 o any deck or other raised platorm
within the curtilage o a dwellinghouse or any purpose incidental to the enjoyment o that dwellinghouse.
(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) 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.
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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
Permitted development rights al low the
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
Planning authorities will be able to confrm
whether a property is located within a
conservation area. Inormation on listed
buildings is available rom 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 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.
(2) Development is not permitted by this class i
(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
limitations is that:
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
A building warrant rom 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
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.
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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.
(2) Development is not permitted by this class i
(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
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Class 7.(1) The