The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010, effective from 8 March 2010, sees the extension of the General Permitted Development Order (1992) to free standing wind turbines and air source heat pumps where they are installed on or within the curtilage of a dwellinghouse or building, subject to several limitations and conditions.

Permitted Development Rights – that is the ability to develop without express planning permission - will not permit the development of more than one of either installation.

Free standing wind turbines cannot be installed within a conservation area, World Heritage Site, Site of Special Scientific Interest or site of archaeological interest.

Air source heat pumps cannot be installed within a conservation area where they would be visible from the roadside or within a World Heritage Site.

Neither can be installed within 100 metres of another dwelling or on or within the curtilage of a listed building.

Whilst the order dispenses with the need to apply for planning permission, a developer is still required to apply to the local planning authority for approval of the design and size of both types of installation as well as for a determination as to whether prior approval will be needed in respect of the siting and external appearance of the proposals. Guidance on the new order has been published by the Government and is available by clicking here.

As we previously reported, further extension to permitted development rights is proposed by the Government’s recent Consultation on the Extension of Permitted Development Rights for Domestic Micro-wind Turbines and Air Source Heat Pumps. Comments are sought before 30 April 2010.