Planning permission in Scotland

Planning legislation allows for certain works to be exempt from the need for planning permission. This is called ‘permitted development’. The legislation is complex and this article seeks to explain its scope in clear terms. The content does not apply to Listed Buildings; houses in Conservation Areas and to flats and maisonettes: in these cases please contact the Development Promotion Section of your Council Offices.

If your proposal can meet all 5 of the following criteria it will be permitted without need of a planning permission:

• The floor area (measured externally) of both the proposed extension and any existing extensions to the original property and any detached garage or outhouse within 5 metres of the dwelling, taken together will be less than:
• For a terraced house (including end terrace): 16 square metres or 10% of the floor area of the original house, whichever is the greater (subject to a maximum of 30 square metres)
• For any other house, 24 square metres or 20% of the floor area of the original house, whichever is the greater (subject to a maximum of 30 square metres).
• The height of the proposed extension is no greater than the highest part of the roof of the original house, and does not alter the existing roof slope of the dwelling
• The maximum height of the extension does not exceed 4 metres where it is within two metres of any part of the site boundary
• No more than 30% of the total garden area is covered by extensions and/or buildings, excluding the original house
• No part of the extension would be closer to a road, which is adjacent to its boundary (front, side or rear), unless the road would be over 20 metres from all parts of the extension.

NB: A road is defined as any public way (including paths) serving 3 or more properties.

Works for which no warrant is required in houses other than flats and maisonettes:

• An unheated conservatory under 8 square metres attached to an existing dwelling house and
• The dwelling house is not a flat or a maisonette;
• The conservatory is located a minimum of 1 metre from any boundary or;
• Does not contain a combustion appliance with a flue;
• Does not contain sanitary accommodation and;
• Is not situated on land within the boundaries of which there are harmful or dangerous substances;
• A door(s) must be provided between the conservatory and the dwelling house.

Definition
Conservatory means a building attached to a dwelling and having a door separating it from that dwelling and having not less than tree-quarters of the area of its roof and not less than one-half of the area of its external walls made of translucent material.

Exemption
A single-storey extension to an existing dwelling of purpose sub-group 1B or 1C (dwelling houses not being a flat or maisonette), which is ancillary to the dwelling and consists of a conservatory, is exempt subject to the exceptions stated below.

A building warrant is required where the conservatory:

• Exceeds 8 square metres in area; or
• Contains a flue or combustion appliance which is subject to regulation 14; or
• Contains sanitary accommodation; or
• Is within on metre of a boundary; or
• Is situated on land within the boundaries of which there harmful or dangerous substances.