Householder PD User/Design Code Scoping Study

7. RECOMMENDATIONS FOR A HOUSEHOLDER DEVELOPMENT CODE

7.1 This Chapter, sets out a recommended structure and scope of the User/Design Code, including the Vision and Purpose of the Code. It will be important for these elements to be at the heart of the next stage of developing the Code. Please note that the sketches included in this chapter are not comprehensive. They are examples of the type of graphics which should be included.

Vision

7.2 The Code should be prefaced by a clear and succinct vision of what it is and what it seeks to do. The following is recommended.

The potential to alter and extend our homes without the need for formal planning permission is now maximised. This greater freedom - Permitted Development - now extends as far as possible without causing any significant adverse impact on residential or visual amenity.

The new Permitted Development rights will protect our sensitive environments and building. They present responsibilities and challenges for us all to play our part in improving environmental quality and sustainability.

The new User/Design Code explains the Permitted Development (rights and responsibilities) in clear visual terms which can be easily understood by all.

Overall Structure

7.3 The Code should be a single code for users, practitioners and professionals.

7.4 Code must include easy-to-read, 3-dimensional graphics as an integral part

7.5 Code should be in 3 parts

Part 1 - the explanatory part - general advice about the use of the "Code", explaining planning procedures in the context of other necessary permissions and consents.
Part 2 - the statutory part - Purpose, Detailed Limits in relation to specific Building Elements, Justification and Definitions
Part 3 - the discretionary part - Design Responsibilities (short section to make cross reference to local design guidance)

Purpose

7.6 The Code should be clear about its purpose. The following is recommended.

To establish new limits for Permitted Development in line with the new legal provisions.
To set out clearly these limits in a way which is easy for users to find out if their proposals are PD.
To make it clear that these limits establish a boundary between development which can proceed without impacting in a material way on amenity, and development which may be of interest to neighbours or the wider community. The latter type of development, outwith these limits, requires to go though the planning process to allow scrutiny and assessment of potential impacts.
To provide clear and succinct design objectives and justification for the detailed provisions.

Part 1 - The Explanatory Part

This Part should be written for a target audience of someone who has never come in contact with the planning system before. It should cut through the day to day procedures and provide a clear explanation of the basics of planning procedures, what they seek to achieve and the reasons why they are worthwhile. These fundamentals of the planning system are often forgotten and this is a good opportunity to express them clearly. It will be important to adopt a tone which does not talk down, but is clear and factual. Cross references to where information can be found about procedures, design experts, the planning authority etc should be included here. This section could also include reference to the range of other permissions and consents which may be needed.

Part 2 - The Statutory Part

7.7 The scope of this should cover the Code elements referred to in Chapter 6. For each code element the following should be included:

Description of the development type which is permitted - a total of 7 code elements are recommended.
The parameters to be controlled and the terms of restrictions relating to height, footprint etc.
The broad justification for these controls or restrictions which should be expressed in the form of code objectives.
One or more diagrams or sketches to demonstrate the full extent of PD rights in terms of:
- Envelope for extensions and outbuildings; and
- Space to be retained - garden, front space (car), space for neighbours, space between windows.

7.8 In addition, there are several preconditions and definitions which are standard to all the code elements. These should be stated in a general section which would then apply to all elements. The next few paragraphs present a suggestion of how the code might look in practice. A few sample sketches have been included; these are the sketches which were circulated with the consultation draft. The text takes account of the consultation responses received on the draft suggestions which were circulated. However, all dimensions are given as suggestions from the Study Team: their inclusion here does not imply that there is any wider consensus or general acceptance of them.

General Section

7.9 The ground rules and overall limitations or exemptions should be stated here (including the re-statement of existing provisions, as appropriate). For example:

The permission granted shall not authorise the following:

The creation of a separate new dwelling.
Any development higher than the highest part of the original house or flat.
The use of any building for purposes other than domestic use, incidental to the enjoyment of the particular residential unit.
Any development which involves the formation or laying out or material widening of a means of access to a trunk road or classified road, or creates an obstruction to the view of people using any road used by vehicular traffic if this may cause danger to such persons.

7.10 The permission shall only be granted within areas which are not protected as sensitive environments. Areas over which the permission does not extend are:

Conservation Areas.
Listed Buildings.
World Heritage Sites.
Also the PD rights should only apply if there are no current planning permissions which have not yet been implemented.

7.11 The Principles and the General Section should be set out in a standard section which would be imported into every single query ( e.g. like an automatic pop-up, or if loose leaf approach, repeated for each query).

Suggested Code Definitions

7.12 Definitions to be used could also be presented in this section. The key definitions which could be addressed are suggested as follows:

Conservation Area - has the meaning assigned to it under section 262 of the Town and Country Planning Scotland Act (as in current GPDO).
Curtilage - no definition to be given.
Flat - a separate and self-contained set of premises whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally (as current GPDO).
Footprint - the ground floor plan area or the area of ground occupied by the original house or flat, measured over external walls ( i.e. ground gross floor plan area).
Front elevation - any elevation of a house or block of flats which faces a road and lies within 20m of that road.
House - does not include a building containing one or more flats, or a flat contained within such a building (as current GPDO).
Listed Building - means a building listed within the meaning of section 52(7) of the Town and Country Planning Scotland Act (as current GPDO).
Mansard or mansard roof - a roof with two slopes on each of the four sides, the lower slope being steeper than the upper slope.
Permeable surface - a covering material which allows moisture to percolate through to the ground below. Can include decking, gravel, porous tarmac.
Rear elevation - an elevation of a house or flat which does not face or lie at right angles to a road.
Rear garden - all of the ground used as garden and attached to a house or flat lying behind the front elevation of that house or flat and being within the same ownership as that of that house or flat ( i.e. including the garden areas to the side of a house). This excludes extra paddocks or fields not used as garden.
Road - has the meaning assigned to it by the Roads (Scotland) Act 1984 (as current GPDO). There may be potential to include a provision for planning authorities to exempt certain roads, lanes or footways from this definition, purely for planning purposes, as requested in comments, but only if this could be done through local plans or SPG. There may be legal impediments to this.
Terraced House/Property - a house which is joined onto other houses or buildings on both sides, or lies at the end of a group of such houses.
World Heritage Site - an area which has been inscribed on the United Nations Education, Scientific and Cultural Organisation's ( UNESCO's) List of World Heritage Sites. Consideration should be given to including buffer zones within this definition.

Code Element 1. Extensions to dwellings and flats

Description

An addition or extension to a house or flat to increase the original footprint by up to 50%. [This implies an extension springing from/tied into a wall of the flat or house on to ground owned by the same party. Not a separate building or structure.]

Code Objective 1- Extensions should be designed to match or complement the design of the existing building, and should not dominate that building or the garden space attached. A minimum garden area must be retained for privacy and amenity.

Permitted subject to the following.

Controls

(a) Area restriction - Must not exceed a maximum of 40% of the existing rear garden area. Should also not exceed footprint of 60 sq m (to address rural situations).

(b) Height restriction

Single storey up to a maximum eaves or parapet height of 4m.
Two storey, but only for a house, not for a flat.

Roof design must be carefully controlled (see visuals), as follows:
A single storey extension may have a flat roof, but the highest part of this roof must be set down 250mm below the lowest point of eaves level on the existing building.
All extensions over 4m in height to have a roof form to match that of the existing house.
A two storey extension may only have a flat roof if (a) the existing building has a flat roof, and (b) the height of the parapet to be no higher than, say 250mm below existing parapet level.
If the original building has a pitched roof, the extension roof must match or parallel the pitch of the original, must be contained wholly within a single plane of the existing roof and must be set down, say, at least 500mm down from eaves level or the plane of the existing roof. For extensions to the rear, the top of the roof must be no higher than existing.
Mansard roofs are not permitted unless the original house has a mansard.

(d) Envelope/Zone restriction

No extension to take place on any elevation fronting a road [definition] with the exception of a small porch (see below).
No development may take place within 1m of a boundary with an adjoining property.
If any part of the development would be within 2m of the boundary with an adjoining house or flat, any increased wallhead height must be no greater than 4m.
The area of the extension is restricted to an area wholly contained within the width of the elevation of the house or flat, or roof being extended: but see single storey exception

(e) Side extension additional controls

Side extension which has an elevation fronting a road where the existing building has a pitched roof: The new elevation must be set back at least 500mm behind the front elevation of the original dwelling (see visuals); the extension must have a pitched roof that matches the pitch of the existing roof and is set back at least 500mm behind the plane of the existing roof.
Side extension which has an elevation fronting a road where the existing building has a flat roof: The elevation must be set back at least 500mm behind the front elevation of the original dwelling (see visuals); the extension must have a flat roof with the parapet at least 500mm below the parapet of the existing roof.

(f) Two storey additional controls

NOTES FROM CONSULTATION - The consultation called into question the principle of allowing 2 storey extensions to be PD. A number of respondents suggested this may be controversial. This question should be explored further by the code designers to test whether or not an envelope can be defined which will ensure that such an extension will not cause a significant adverse impact on the amenity of residential neighbours. The following are likely to be the main elements to be explored.

The length of a two storey extension should be restricted.
A minimum distance between the rear garden boundary and the rear wall of the extension should be maintained ( e.g. 9 metres with a view to 18m separation between facing windows).
There should be no side-facing windows on the upper floor if within 4m of a boundary with a residential neighbour.

Illustration 16: Sketch (a) suggesting definition of envelope for PD rear extension

Illustration 17: Sketch (b) suggesting definition of envelope for PD rear extension

Illustration 18: Sketch (a) suggesting definition of envelope for PD side extension

Illustration 19: Sketch (b) suggesting definition of envelope for PD side extension

Illustration 20: Sketch (a) suggesting variation for PD side extension

Illustration 21: Sketch (b) suggesting variation for PD side extension

Illustration 22: Sketch (c) suggesting variation for PD side extension

Exceptions

Single storey extension - two additional provisions

A flat roof may be formed even if the original building has a pitched roof.
A single storey extension to the side of a house may extend beyond the width of a side elevation.

Front porch - for any property other than a terraced property or a flat, a porch may be erected on an elevation fronting a road providing this is:

No larger than either 5 sq m or 8 sq m in floor area.
No closer to a road (including a footpath) than, say, 6metres (to allow a car to be parked if necessary).
No higher than 3 m.

Code Element 2. Outbuildings for dwellings and flats

Description

A separate building, the use of which is entirely integrated with the residential use of the house or flat, including sheds, outhouses, garden rooms, fuel tanks, etc.

Code Objective 2 - to maximise the potential for householders to erect greenhouses, garages, garden sheds etc without over-dominating the garden, overlooking neighbours or detracting from the appearance of the house as seen from a public viewpoint.

Permitted subject to the following.

Controls

(a) Must be in rear garden, as defined.

(b) Must not occupy an area greater than 40% of existing rear garden ground. Footprint also recommended, but further consultation required on this.

(d) Highest point of any roof or the top of any structure shall not exceed 4 m with pitched roof, 3m if flat roof measured at any point above existing ground level.

(e) Must be positioned at a distance of at least 1m from any common boundary.

(f) The building or structure must not be attached to the house or flat.

Code Element 3. Dormers and roof alterations for flats and dwellings.

Description

Alterations or extensions to roofs (includes dormers, rooflights, new works to tie in roof of the proposed extension to original building).

Code Objective 3 - Alterations and extensions to the roof should not dominate the appearance of the property as seen from a public viewpoint and should not give the impression of overlooking neighbours.

Permitted subject to the following

Controls

(a) Position - If the projection above the plane of the roof does not exceed 10 cm - such works are permitted on any roof slope. If the projection is higher that 10 cm, then this must be restricted to the rear elevation only. In other words, not on an elevation which faces or is at right angles to a road.

(b) Height Restriction - No extension or alteration to be higher than 500mm below the apex or highest part of the existing roof, measured vertically.

1. No development within 1m of the nearest part of the side edge of the roof measured horizontally.

2. No development to be closer than 500mm to the lower edge / eaves, measured vertically.

3. Development to be for a single dormer only. If proposals will result in the creation of more than one dormer on a single elevation, all dormers must match and line up with each other and the existing windows on the floor below in terms of height, dimensions and style.

NOTES FROM CONSULTATION - There was no support in the consultation to permit dormers on the front elevation.

Illustration 23: Sketch (a) suggesting definition of envelope for PD dormer

Illustration 24: Sketch (b) suggesting definition of envelope for PD dormer

Code Element 4. General alterations to flats and dwellings

Description

Building alterations which do not extend the footprint of the original property or create new floorspace or affect the roof (includes new doors and window frames, creating new openings, burglar alarms). [ NB Excluded from this are satellite dishes and microrenewables, the latter being taken forward as a separate exercise]

Code Objective 4 - Alterations to properties should improve their appearance and not cause a significant change from a public viewpoint.

(a) Replacement of existing window frames and doors is permitted.

(b) Painting or recladding of walls and roofs is permitted, but

Development relating to a flat may not take place on any elevation fronting a road.
Development may not take place if such works constitute an advertisement

Development relating to a flat may not take place on any elevation fronting a road.

(d) Other alterations are permitted, but

Development relating to a flat may not take place on any elevation fronting a road.

(e) Balconies are permitted, but

Only on a rear elevation
Balcony floor size limited to 1m x 1.5m only
Balconies to be defined to exclude roof gardens and raised platforms. Must be attached only to the wall of the building ( i.e. no support from the ground/from below).

NOTES FROM CONSULTATION - Concerns were expressed in the consultation about possible overlooking problems arising from balconies, but the restrictions suggested should ensure this is not an issue and fits with dormer provisions.

The consultation also highlighted support for handling alterations to windows and doors in this way.

Code Element 5. Decking, hard surfaces and changes in ground levels for flats and dwellings

Description

Works to form a deck, platform, hardstanding, patio or roof garden (could include swimming pools here) - includes re-engineering existing ground levels.

Code Objective 5 - to maximise the potential for improvements and alterations to gardens unless these give the impression of overlooking or may change significantly the appearance of the street. A minimum area of garden must be retained undeveloped.

Permitted subject to the following.

Controls

Zone restriction - works must be within rear garden.

Height restriction:

The height of structure is not greater than 600mm above existing ground level measured at any point from the finished level of the proposed deck, platform, patio or hardstanding. The only further control is that the platform etc should not be within 1m of a boundary with a neighbouring property.
If the height is greater than 600mm above existing ground level the structure or new level must not be greater than 1.2m measured at any point from the finished level of the new deck, platform, balcony, patio or hardstanding, the area must not be greater than 4 sq m and the raised area must be located no closer than 4m to any boundary.
No development to be higher than 1.2m.
All new surfaces to be permeable in nature (not to apply to swimming pools or ponds)

Exceptions - the formation of a hardstanding in a front garden which does not raise ground level is permitted, providing the surfacing is of permeable material.

Code Element 6. Means of access for flats and dwellings

Description

Provision of a vehicular or other access from a road or footway, including a ramp or steps, wholly within the garden ground of a house or flat.

Code Objective 6 - New pedestrian and vehicle accesses should not spoil the appearance of a property, nor cause significant issues for neighbours nor have a significant effect on road safety.

Permitted subject to:

Controls

Road Restriction - Development may not take place if a vehicular access is being formed from a road which is a trunk road or a classified road

Position restriction:

1. Development may not take place if any part of the access lies (a) within 2m and (b) directly in front of a window to a different property.

2. Development may not take place if the works (a) affect an area in front of any elevation fronting a road and (b) involve a new structure or change of levels greater than 5m long x 0.3m high.

Code Element 7. Boundary walls and fences (for flats and dwellings and all buildings)

Description

Erection, construction, alteration or improvement of gate, fence, wall or other means of enclosure.

Code Objective 7 - New and improved boundary walls and gates should fit with context. They should not obstruct visibility for drivers/pedestrians or overshadow adjacent properties.

Permitted subject to:

Controls

Height restrictions

Where the enclosure to be erected/altered/etc is in front of the front elevation, or within 10m of a road [definition], whichever is the smaller, to be no greater at any point than 1m above ground level; or
Where the enclosure is behind the front elevation (in rear garden - definition) or more than 10m back from the road, to be no greater at any point than 2m above ground level; or
Height of the enclosure above ground level is to be no greater than the original height or the height permitted above, whichever is the greater.

Part 3 - Discretionary Design Guidance

7.13 The intention for this third part is that it should not be a mandatory section and can therefore give examples of good and bad design. In line with the "Vision" it should adopt the tone of a common approach, suggesting that as householders we all have a degree of responsibility to contribute to the quality of our environment.

7.14 There should be messages here - such as

good design does not cost more - it is cost-effective in the long term - reducing maintenance costs, and considering the lifetime costs.
Achieving good design need not be difficult; there is guidance available and there are design specialists who can help.
Good enough is not enough - we should all aim to achieve the best possible quality of design.

In other words this part of the Code should set out the design responsibilities which it is recommended should be an implicit part of the Permitted Development rights.

7.15 In addition, there is potential to set out some fundamental design concepts and explain a few relevant sustainable design principles ( e.g. natural ventilation, design to reduce energy consumption and sustainable drainage). The main purpose would be to play an educational role, possibly explaining some of the commonly used terms and concepts and linking to documents such as "Design Places"

7.16 It is in this section that there should also be a reference to regional and local design issues and cross references to planning authorities' design guidance, explaining the purpose of these and how to take account of such guidance. A possibility is that this could be in the form of a template for planning authorities to use in updating their own guidance. Appropriate reference should also be made here to the benefits of engaging a design professional, such as a chartered architect. However, it is recommended that this part should be concise and uncomplicated - very much a lesser part of the overall code.

Page updated: Monday, April 07, 2008

Scottish Government