The Scottish Government has announced new controls over the
formation of tracks under permitted development (PD) rights. While
PD rights for agricultural and forestry tracks will remain, it is
proposed to introduce a prior notification and approval process
later this year. This will give planning authorities greater
control over the siting, design and appearance of tracks.
Background
The Town and Country Planning (General Permitted Development)
(Scotland) Order 1992 (the GPDO) grants planning permission for
specified types or classes of development. Class 18 (Agricultural
Buildings and Operations) includes PD rights for "the
formation, alteration or maintenance of private ways" required
for the purposes of agriculture within an agricultural unit. Class
22 (Forestry Buildings and Operations) permits the formation,
alteration or maintenance of private ways reasonably necessary for
the purposes of forestry. A private way is a road or footpath which
is not maintainable
