Scottish Government has published a consultation on the General Permitted Development Amendment Order 2012 in which it signals its intention to limit Permitted Development Rights for new tracks.
The government says that “There were opposing views in response to the 2011 consultation on PDR associated with private ways. Whilst there was a strong desire from landowners to retain existing PDR, there was also compelling evidence presented of the damage caused by some tracks. On balance, it is therefore considered that the removal of Permitted Development Rights for formation of access tracks is the appropriate option."
At present the formation of a new access track for agriculture or forestry purposes can be undertaken without requiring a planning application. It is proposed to amend class 18 and class 22 such that the formation of a new access track would require the submission of a planning application. The maintenance of an existing track, contained within the existing track boundaries, would continue to be permitted development.
In both classes 18 and 22 development would not be permitted if it would mean the widening of the existing private way or would result in the private way being materially different from the existing private way. Development would not be permitted by either class if it is within: a site of archaeological interest; a National Scenic Area; a historic garden or designed landscape (HGDL); a battlefield; a conservation area; a National Park; a World Heritage Site.
To access the consultation, which closes on 22 June, see: http://www.scotland.gov.uk/Publications/2012/03/8498
This consultation forms part of the Scottish Government’s package of consultations and measures published recently. These include the following consultations:
Fees for Planning Applications http://www.scotland.gov.uk/Resource/0039/00390663.pdf
Development Plan Examinations http://www.scotland.gov.uk/Resource/0039/00390632.pdf
Develpment Delivery http://www.scotland.gov.uk/Resource/0039/00390629.pdf
Amendments to non-domestic elements of permitted development http://www.scotland.gov.uk/Resource/0039/00390638.pdf
Miscellaneous Amendments to the Modernised Planning System http://www.scotland.gov.uk/Resource/0039/00390635.pdf
There are many elements of all these documents that are relevant to members’ interests and staff are currently going through each document and will produce a consultation briefing that will be available for members shortly.