EXECUTIVE SUMMARY
This report presents the findings from the study investigating the scope for the proposed User/Design Code which is to be developed as an accompaniment for the new Householder Permitted Development provisions. It is rooted in the ongoing work to review and update The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ( GPDO) and builds on the earlier research study carried out and completed in 2006 by Heriot Watt University, Brodies and Scott Wilson The "Review of the General Permitted Development Order 1992: Householder Development" (the 2006 Study).
The purpose of this study is to identify the scope and pitch of a PD User/Design Code. The methodology which was employed included a mixture of research and consultation, factoring in the experience, technical and practical skills of the Study Team. The key stages were as follows:
- Research structured to address various themes of particular relevance.
- Identification of issues to be explored and addressed in the development of a code.
- Consultation with various expert advisors.
- Consultation with planning authorities.
- A workshop session for representatives of the consultees.
- Consideration of the architectural and visual implications of minor householder development for a Code to address.
- Exploration of the design implications of new PD provisions through production of sketches and visual representation of issues.
- Drafting and testing a sample code type to identify further issues to be addressed at the next stage.
The conclusions from the research were that only a limited role can be played by a PD code in promoting good design. If design guidance is to be effective, it needs to be linked to a consent procedure. While some codes rely on self assessment, these are complex and deal with low level design issues only and are a rigid tool: they would not be appropriate for use within the UK planning system.
If one of the priority aims in rolling out extended PD limits is to achieve improved design quality, local design guidance will be necessary to convey appropriate design objectives, fit for context. This cannot be achieved through a statutory type of code.
A national code for householder development will potentially help to deliver government policy on improving design in strategic terms, but there will be benefit in maximising the advice and guidance produced at local level by planning authorities. Where local design guidance exists in Scotland, there are good examples which can provide templates for a PD code. A national code could act as a channel to develop the widespread understanding of good design principles and good neighbourliness that will need to be part of the culture change in planning reform in Scotland.
The aspiration which started to emerge from the research was to combine codification of PD with design guidance and procedural advice. As such, it would not strictly speaking be a "code" in the manner of existing codes but would be breaking new ground.
- Various elements of consultation were undertaken and completed in the course of the Study.
- Initial letter sent to all planning authorities regarding the Study.
- Circulation of a Discussion Paper to all planning authorities and expert advisors setting out issues in relation to introducing a code.
- Consultation with various expert advisors.
- Engagement with representatives of planning authorities and expert advisors at a workshop.
- Circulation of the findings of the workshop plus a first draft of how a code might look to all workshop participants and also to planning authority contacts who had previously commented/expressed an interest.
- Feedback received on the draft code suggestions.
Implicit within this consultation was a dialogue with planning authorities. This has allowed an opportunity for wider publicity about the forthcoming extension to PD rights. It is clear that there are mixed feelings about these changes and the report captures a cross section of views.
Notwithstanding this, there is general support for a document which will describe with greater clarity the new PD provisions. Graphics to explain PD envelopes and constraints will be welcomed. There is a clear strand running between the PD rules - as will be contained within the statutory instrument - the Code which will present and explain these rules to a householder, and definitive guidance about what is and is not Permitted Development.
With regard to the nature of such a code, there is no existing code which operates in the manner envisaged for the PD User/Design Code. This is both a challenge going forward and an opportunity for a new approach, linked to the furtherance of the wider culture change agenda in Planning with the bringing into force of the Planning Etc. (Scotland) Act 2006. In fact, the document will not be a "code" in the strict sense of the term. It will in essence be an amalgam between a code and a design guide, albeit containing legally binding provisions. It will be important for this code to be accessible to householders and those coming to the planning system for the first time and hence it should not be written in obscure legal language or planning jargon. Graphics and visual material must be clear and capable of being understood by non-professionals.
A framework has been designed for the Code which it is suggested be called the "Householder Development Code". It is proposed that the Code should comprise three key parts, as follows.
Part 1 - the explanatory part - general advice about the use of the "Code", a explaining planning procedures in the context of other necessary permissions and consents;
Part 2 - the statutory part - Spelling out a Vision, Purpose, Detailed Limits in relation to specific Building Elements, Design Objectives and Definitions; and
Part 3 - the discretionary part - Design Responsibilities (short section to make cross reference to local design guidance).
The report contains detailed suggestions with regard to Part 2, including recommended Code elements and some of the controls which should be considered. These suggestions have taken account of feedback received on a draft version which was circulated. A copy of comments received have been included within the appendices.
A number of issues have been summarised for further consideration at the next stage of the Code development. Some of these are likely to have implications for the formulation of both the Code and the statutory instrument containing the PD rules and it is recommended that careful consideration be given to these when the GPDO is revised.