The Scottish Government is exploring whether permitted development rights (PDR) for rural homes and town centre living can play a greater role in helping to address the housing emergency.
Responses to the consultation paper are to be submitted by 27 October 2025.
PDR – new homes
At present there are very limited PDR for new houses:
- Conversion of agricultural and forestry buildings to up to 5 residential units which may not exceed 150 sq.m.
- Local authorities can build houses which conform to a local development plan
In practice, it has proved challenging to claim the PDR for conversion of agricultural and forestry buildings, due to restrictive interpretation of the PDR.
PDR - advantages
As explained in our previous blog, PDR exempts specified forms of development from the need to apply for planning permission. That saves the developer from the delay and cost of submitting a planning application.
PDR – disadvantages
There is a risk that PDR results in unacceptable developments, ie. those which would have been refused planning permission if PDR had not removed the need for a planning application.
For example, research in England highlighted the risk of homes delivered through PDR being “of poor quality and situated in unsuitable places”.
This highlights the dilemma for the draftsperson preparing PDR – how to avoid unacceptable or unforeseen consequences.
Another drawback is that PDR removes the opportunity to seek provision of affordable housing and developer contributions towards infrastructure.
Prior notification and approval
The risk of unacceptable consequences can be reduced by imposing a prior notification and approval procedure.
That is a halfway-house between PDR and planning applications. It enables work to proceed under PDR, unless the planning authority intervene to require some details to be scrutinised.
For these developments, work cannot start until notification is given to the planning authority, who then have a specified period (eg. 28 days) to decide whether their prior approval is required.
The scope of prior approval is restricted to specified matters, eg. the siting, design and external appearance of the building.
The consultation paper welcomes views on whether a prior approval mechanism could be perceived as no simpler or quicker than the planning application process.
Rural Homes
The consultation paper identifies three broad options for rural homes:
- Amending existing PDR for conversion of agricultural and forestry buildings
- Introducing new PDR for demolition and replacement of existing buildings
- Introducing new PDR for erection of new homes in certain rural areas
Town Centre Living
A new PDR is proposed, permitting a change of use to homes of upper floors above class 1A uses - shops and financial, professional and other services.
Other proposals
The consultation paper also seeks views on:
Adjusting householder PDR
Amending PDR for domestic air source heat pumps
Potential for PDR for connections to heat networks
Comment
The housing emergency does highlight the need to deliver more housing faster, but the consultation paper acknowledges the difficulties of using PDR to provide the right housing in the right locations. It seems unlikely that any new PDRs will deliver significant numbers of new housing.
The consultation paper notes that, in contrast to the relatively blunt instrument of PDR, master plan consent areas can be tailored to specific places.
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