Scottish Government

Footnotes

1. Research Specification para 3.1, Planning Division, Scottish Executive, September 2005.
2. S26 of the Town and Country Planning (Scotland) Act 1997.
3. The definition of a dwellinghouse in Article 2 of the GPDO excludes flatted dwellings. Consequently the permitted development rights contained within Part 1 of the GPDO do not extend to flats.
4. Planning legislation does not define 'curtilage', but is taken to mean 'any land or building used for its comfortable enjoyment or serving the purpose of the building in some necessary or reasonable way, although not marked off or enclosed in any way' (Collar N [1999] Planning, W Green/Sweet and Maxwell, 2nd edition, p72-3) usually comprising the garden ground of a typical dwelling.
5. Includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.
6. A building within 5 metres of the original dwelling is considered to be an extension of the original dwelling, and therefore subject to the requirements of Class 1.
7. Class 7 developments are not exclusive to householder developments
8. "Unauthorized development" comprises development carried out without planning permission, or in breach of one or more conditions of a planning permission.
9. Data supplied is for calendar year 2004.
10. Data supplied is for calendar year 2004.
11. Guidance by one authority suggested that decking falls within Class 7 of the GPDO (erection, construction etc of a gate, wall, fence or other means of enclosure) rather than Class 1 (enlargement, improvement or other alteration of a dwelling), Class 3 (any building or enclosure) or Class 4 (hard surface). Notably, ODPM guidance ("Planning: a guide for householders") treats decking as hardstanding, therefore PD, unless elevated "especially if it creates useable space underneath" when it would be treated as an extension to a dwelling (Class 1) or "garden building", and thus subject to the specified limitations.
12. Reproduced from Design Guidance, Householder Development, Planning and Building Control Division, East Ayrshire Council (no date).
13. Reproduced from Car Parking in Front Gardens, Advice Note 4, Angus Council, February 2002.
14. Reproduced from City Development Planning, Development Quality Handbook, House Extensions, City of Edinburgh Council, April 2004.
15. Available at http://www.communities.gov.uk/index.asp?id=1501259
16. LDOs would provide local authorities with power to extend the PD rights granted in a General Development Order, and thereby an additional degree of local flexibility to the present power only to restrict national PD rights through an Article 4 Direction approved centrally.
17. Planning Advice Note 47 "Community Councils and Planning", Scottish Office Development Department (n.d.), para 3.
18. Research on the General Permitted Development Order and Related Mechanisms, School of Planning and Housing, Edinburgh College of Art, Brodies WS and Halliday Fraser Munro Planning, Scottish Office Central Research Unit, 1998.
19. Review of Permitted Development Rights, Nathaniel Lichfield in Association with S J Berwin Solicitors, London, ODPM, September 2003
20. Review of Permitted Development Rights, Nathaniel Lichfield and Partners, Department of the Environment Planning Service of Northern Ireland, Belfast, September 2003.
21. Review of Permitted Development Rights, Nathaniel Lichfield in Association with S J Berwin Solicitors, London, ODPM, September 2003, p 8.
22. Op.cit. p 36.
23. ODPM (2003) Participatory Planning for Sustainable Communities: international experience in mediation, negotiation and engagement in making plans, School of the Built Environment, Heriot-Watt University et al.
24. ODPM (2006) 'Making the System More Proportionate', Sparkes L and Jones E, January 2006, http://www.communities.gov.uk/index.asp?id=1501259
25. The New Localism agenda suggests that the needs of modern communities cannot be delivered through centralist, 'one size fits all' approaches. See for example Stoker G 'New Localism, Participation and Networked Community Governance' at http://www.ipeg.org.uk/docs/NewLocalism-Korea.pdf
26. Birmingham, Harrow, Leeds, Swindon, Telford, Oldham, West Dorset, Bath.
27. Research on the General Permitted Development Order and Related Mechanisms, School of Planning and Housing, Edinburgh College of Art, Brodies WS and Halliday Fraser Munro Planning, Scottish Office Central Research Unit, 1998.