Permitted development and prior approval: here we explain where they apply and their limitations.
Last updated: 2 July 2025
Permitted development rights allow for certain types, or ‘classes,’ of development to be carried out without the need for planning permission.
The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (often referred to as the GPDO for short) is the principal legislation that sets out all the different types of permitted development rights.
Permitted development rights can apply to a wide range of developments. There are usually limitations and conditions which aim to retain control over the extent of permitted development. For example, exceptions include where the site is in a particularly sensitive area or where it would be over a certain size.
The limitations and conditions are different depending on the type of development. If a development exceeds the limitations for permitted development, permitted development rights do not apply and a planning application will be required.
For certain types of permitted development, the planning authority may require an application to be submitted so it can give its ‘prior approval’ or determine whether its prior approval is required (known as ‘prior notification’) for a proposal.
The prior approval process seeks confirmation from the LPA that specific parts of a development are acceptable before work can begin, which is meant to be simpler and quicker for applicants than submitting a planning application.
There are many different types of permitted development that are subject to different prior approval processes. In most cases prior notifications and prior approval applications are not advertised. To find out about these applications, you will need to closely monitor the planning history of a particular site by regularly checking the online planning register on the planning authority's website.
If you have concerns about a prior notification or prior approval application – eg, if the application misrepresents some crucial facts or elements of the proposed development that are key in deciding whether it would be considered permitted development or require planning permission – make sure that you send comments to the planning officer as soon as possible.
Some prior approval applications have shorter determination periods (eg, 28 days) so it’s important to act fast!
As noted above, there are limitations on permitted development rights and there are some areas in Scotland where certain permitted development rights may not apply or are more restricted. For example, there are more strict requirements in Conservation Areas, National Scenic Areas, Sites of Special Scientific Interest (SSSI) and National Parks.
If works are likely to have a significant effect on a Special Protection Area (SPA) or a Special Area of Conservation (SAC) the developer wishing to carry them out must notify and get permission from the planning authority. Confusingly, this requirement is set out in the Conservation (Natural Habitats, &c.) Regulations 1994 – not planning legislation!
Planning authorities can also remove permitted development rights from a specific area by using what is known as an Article 4 Direction. This is commonly used to protect Conservation Areas.
Planning circular 2/2024: non-domestic permitted developments
Planning Circular 1/2024: Householder Permitted Development Rights
NB: More information about permitted development rights and Article 4 directions can be found on planning authority websites.