Thursday 04 December 2008

Installation of Domestic Microgeneration Equipment: Changes to Permitted Development

Introduction

From the 6th April 2008 changes are being made to the planning system that will allow certain types of ‘domestic microgeneration equipment’  (for example solar panels) to be erected  without the need for permission.  The following is a summary of the content of the changes, but you are advised to check with the Planning Services Department prior to committing to have equipment installed or commencing works. Full details are available in “The Town and Country Planning (General Permitted Development)(Amendment)(England) Order 2008” available at the following web address:

Office of Public Sector Information

Summary

Class A:

The installation of solar photovoltaics or solar thermal equipment on a dwelling or on a building within the curtilage of a dwelling will require planning permission where:
  • The equipment would protrude more than 200mm beyond the plane of the roof
  • The equipment would protrude above the highest part of the roof (excluding the chimney)
  • Within a conservation area where the equipment would be installed on a wall or roof visible from a highway
  • The equipment would be installed on a building within the curtilage of a listed building (Note: any works to a listed building will require listed building consent in any event)
In all cases the equipment must be sited to minimise the effect upon the appearance of the building and once the equipment is no longer needed or used it must be removed.

Class B:

The installation of stand alone (i.e. not installed on a building) solar photovoltaics or solar equipment will require planning permission where:
  • It would result in more than one stand alone piece of solar equipment within the curtilage
  • Any part of the equipment:
    • would exceed 4.0 metres in height
    • on a site within a Conservation Area or World Heritage site would be visible from a highway
    • would be situated within 5.0 metres of the boundary of the curtilage
    • would be situated within the curtilage of a listed building
  • The surface area of the solar equipment would exceed 9.0 square metres or any dimension would exceed 3.0 metres

Again, in all cases the equipment must be sited to minimise the effect upon the amenity of the area and once the equipment is no longer needed or used it must be removed.

Classes C to F:

Permission is not required for installation of a:
  • ground source heat pump within the curtilage of a dwellinghouse (Class C)
  • water source heat pump within the curtilage of a dwellinghouse (Class D)
  • flue forming part of a biomass heating system or combined heat and power system (unless the height of the flue exceeds the highest part of the roof by one metre or more or, where it is within a conservation area or world heritage site, it is visible from a highway) (Classes E & F)

Definitions:

Dwellinghouse:

A self-contained building or part of a building used as a residential accommodation, and usually housing a single household and, for the purposes of this advice, includes a building which consists wholly of flats or which is used for the purposes of a dwellinghouse;

Stand alone:

means solar photovoltaics or solar thermal equipment which is not installed on a building;

Conservation Area:

Areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance, designated by the local planning authority.  Applications for development in Conservation Areas should only be permitted if they either preserve or enhance the Conservation Area [reference: Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.]

Curtilage:

The area normally within the boundaries of a property surrounding the main building and used in connection with it. Normally in residential properties this will refer to the garden area, but often it is not so straightforward.

Disclaimer:

Every effort has been made to provide a concise, readable  and accurate summary of the content of Statutory Instrument 2008 No 675 (“The Town and Country Planning (General Permitted Development)(Amendment)(England) Order 2008”).  However, you are strongly advised to refer to the original document or to seek advice from the Planning Services Department at North Wiltshire District Council prior to committing to have equipment installed or commencing works to install equipment.