Permitted Development Rights - Scottish Government Consultation Response

Scottish Government are consulting on potential changes to Permitted Development Rights. Permitted Development Rights are a form of planning permission granted through legislation, meaning that specified types of development can be carried out without the need for a planning application to be submitted and approved.

The proposals have the potential to impact upon changes achieved through National Planning Framework 4 (NPF4). When this framework was being developed, Culture Counts put together a cultural working group comprised of eighteen cultural organisations from across the UK. Over subsequent months, that group worked to prepare the below submission to the NPF4 call for ideas, which resulted in greater consideration of culture in the framework.

As highlighted by a campaign led by Scotland’s Music Industry, these proposed changes to permitted development rights could threaten cultural venues, and pose risks to the new protections gained in NPF4.

Our response to the consultation is informed by our previous submission to the NPF4 call for ideas, and the above campaign. It reads as follows:

Question 10. Do you consider that proposals to convert the ground floor or entirety of buildings in town and city centres to residential use should benefit from PDR?  

 No. Granting automatic permission to convert entire buildings or ground floors to residential use risks significant harm to Scotland’s cultural infrastructure. The music industry campaign highlights that such changes could lead to the permanent loss of live music venues and other cultural spaces that are vital to the social and economic life of towns and cities. Culture Counts’ earlier NPF4 submission emphasised that planning should protect and plan positively for cultural venues, recognising their contribution to community wellbeing, local economies and placemaking. Local development plans should therefore continue to assess such proposals individually, applying the “agent of change” principle to ensure that cultural uses are safeguarded. 

Question 11. Do you consider that there should be PDR for the change of use of properties above Use Class 1A premises to residential use?  

 No. As highlighted by the campaign, automatic change of use above live venues and night-time economy spaces could expose residents to noise and result in increased complaints that jeopardise existing cultural venues. Culture Counts’ earlier work on planning policy noted that culture supports vibrant town centres and the night-time economy. Where upper-floor conversions are proposed, they should remain subject to full planning scrutiny to ensure coexistence between residential and cultural uses. 

Question 12. Do you have any comments about the prospect that the PDR would allow a change of use to residential from any existing use?  

 Yes. Culture Counts’ NPF4 submission stressed that cultural, creative and community facilities form part of the essential infrastructure of towns. Allowing generalised change of use to housing through PDR could displace cultural and creative activity, reduce access to participation, and weaken the local cultural ecosystem. Planning should recognise the public value of cultural spaces, not treat them as redundant commercial units. 

Question 14. What other potential limits, restrictions and exclusions to such PDR should be considered?  

 The campaign statement and Culture Counts’ NPF4 response both support explicit exclusion of buildings used as, or adjacent to, cultural venues, creative workspaces, and community facilities. The exclusion should apply to areas identified in local plans as cultural quarters or creative clusters. 

Question 15. Do you consider that a prior notification and approval mechanism should be required in respect of a PDR for ‘town centre living’ as discussed in the consultation?  If yes, what matters do you consider should potentially be subject to prior approval?  

Yes. As SMIA/Gigs in Scotland notes, introducing PDR without prior notification would remove vital checks that protect Scotland’s grassroots music venues and night-time economy. Prior notification should be mandatory and should include consultation with venue operators and cultural bodies to identify noise, access and operational issues early. Culture Counts’ NPF4 submission already emphasised that planning decisions must apply the agent of change principle, ensuring that new residential developments manage noise rather than transferring costs or restrictions onto existing cultural venues. Prior approval should therefore cover noise, design, and mitigation measures to safeguard both residents’ wellbeing and the continued operation of performance spaces. 

Question 16. Should any such PDR (permitting the change of use of floors above Use Class 1A premises) also permit certain external alterations of a building to facilitate the conversion to residential use, if so what alterations?  

 No. The Gigs in Scotland campaign makes clear that even small external changes risk undermining the operation and identity of Scotland’s music venues. Alterations such as new doors or windows can damage soundproofing, change access routes, and reduce the viability of venues that rely on specific layouts and acoustic conditions. Culture Counts’ NPF4 submission emphasised that cultural buildings are central to local character and should be protected as part of the cultural ecosystem that supports community life. Any external alterations that threaten that role should therefore not be allowed. 

Question 17. Please provide any other comments regarding the potential options to introduce PDR for ‘town centre living’ proposals as discussed in the consultation. 

Culture Counts supports the goal of revitalising town centres but believes this must be achieved through a plan-led approach that recognises culture as core infrastructure. The Gigs in Scotland campaign shows the risk that unregulated conversion could hollow out the night-time economy. NPF4 already provides a framework to encourage mixed use, with town centres hosting retail, cultural, leisure and residential functions. Planning policy should build on that balance rather than replace it with automatic permissions. 

Question 27. What are your views on the accuracy and scope of the environmental baseline set out in the environmental report?  

The campaign highlights that Scotland’s cultural venues are not just entertainment spaces but long-standing community assets that contribute to sustainable, low-carbon places. Losing them through conversion would increase waste and embodied-carbon loss. Culture Counts’ NPF4 submission highlighted that culture is integral to sustainable development and should be treated as part of the wider environment that supports wellbeing and local identity. The environmental baseline should therefore recognise the role of cultural venues and creative spaces in maintaining sustainable, resilient town centres. 

Question 28. What are your views on the predicted environmental effects of the proposals as set out in the environmental report? Please give details of any additional relevant sources. 

The  campaign highlights that allowing widespread conversion of venues to housing would damage the cultural and social environment and increase carbon emissions by driving people to travel further to remaining venues. Culture Counts’ NPF4 submission showed that reusing and maintaining cultural spaces supports sustainable development and compact, low-carbon communities 

Question 31: Please provide any comments on the partial Business and Regulatory Impact Assessment (BRIA) and information on the potential business or regulatory impacts of any of the options identified in this consultation. 

The BRIA underestimates the economic importance of the live music and wider cultural sectors. Gigs in Scotland highlights that Scotland’s venues are essential employers and tourism drivers. Culture Counts’ NPF4 evidence demonstrates that the arts, culture and creative industries contribute £4.9 billion GVA and employ over 77,000 people in Scotland. Any regulatory change that risks venue closures or displacement would therefore have negative economic, social and cultural effects. The BRIA should include detailed analysis of cultural-sector impacts and reflect the National Performance Framework outcome “We are creative and our vibrant and diverse cultures are expressed and enjoyed widely.” 

Further information about your organisation's response 

Culture Counts is Scotland’s network of arts, heritage and creative industries organisations, advocating for the development and protection of culture as fundamental to our common future. Our members include Scotland’s major representative bodies and networks, unions, National Performing Companies, Non-Departmental Public Bodies, Local Authority ALEOs, and some companies and events.  

Culture Counts supports the music-industry led campaign to Protect Scotland’s Venues, which are threatened by proposed changes to Permitted Development Rights. https://www.gigsinscotland.com/news/article/protect-scotlands-venues  

This consultation response is informed by the above campaign, and our earlier work on National Planning Framework 4. When the bill was passed Culture Counts put together a National Planning Framework (NPF4) cultural working group comprised of eighteen cultural organisations from across the UK. Over subsequent months, that group worked to prepare the below submission to the NPF4 call for ideas.

These two aspects inform the response provided.