Planning permission required?

[saint]

I'm getting conflicting advice on this...

PV on a pitched roof in a conservation area visible from the highway.

Is planning required or not required?

Thanks

 

[ian]

Probably yes, you will need to call the planning department.

 

[BruceB]

Around here the planning department would be delighted if you asked them because it keeps them in work and they charge £70 to answer your question.

The answer is that solar PV on the roof of a dwellinghouse in a conservation area is permitted devlopment subject to the normal conditions like not more than 200mm from roof slope and below the ridge level. Also 3 other conditions apply summarised as:
- minimise impact on visual amenity of building;
- minimise impact on visual amenity of area;
- remove it when no longer needed.

The relevant documents are:
SI 675/2008
SI 2362/2008

These have been replaced and added to by:
SI 2056/2011
but it mostly does not come into force until 1 Oct 11

Regards
Bruce

 

[TedM]

Strictly this is covered by permitted development. Only PV installed on a wall visible from a highway in a conservation area definitely requires planning permission. In England the 'roof slope' part of the conditions that prevented permitted development applying to solar on dwellings in conservation areas was dropped in October 2008.

But you do need to comply with all the other conditions that apply, and you need to be sure that permitted development rights haven't been withdrawn for the property.

The legislation is:
The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008
The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008
and coming into force from 1st December - The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2011

 

[TedM]

......

 

[saint]

Thanks for your replies. Bruce i will look up those documents. I have had a meeting with planning to specifically ask this question as was told by the planner that planning permission was required. I raised the question because the planning portal website says clearly that only PV on walls in conservation areas requires planning, but i was given (by a client) '2008 No. 675 Town and Country Planning, England'. Part 40 refers to installation of domestic microgeneration equipment.

 

[saint]

...... ?

 

[BruceB]

I think Ted was saying 'snap' or similar. The links he has given are the documents I was referring to.

 

[saint]

Thanks Ted, i will take a look at those.

 

[SRE]

Ted - am I to read from the new legislation coming in from December that flats no longer need planning permission or have I missed something? We have a flat that we rent out and I'd quite like a bit of extra fit from that

 

[TedM]

The wording has changed slightly in the latest SI to separate 'dwellinghouse' from 'block of flats'. This was needed as the new Class H now separately affects a 'detached dwellinghouse' but doesn't apply to a detached block of flats or to a non-detached dwellinghouse.

In the first 2008 SI the word 'dwellinghouse' was used alone but it was defined as “dwellinghouse” includes a building which consists wholly of flats or which is used for the purposes of a dwellinghouse; so it covered a block of flats in any case.

But I interpret 'block of flats' as being exactly that. So it would not apply to flats over a shop, for example.

 

[saint]

Also, looking at your links any ground mount (under stand alone?) of more that 9 square meters would need planning. Am i right? thats only about 5 panels so basically all ground mounts need planning permission?

 

[TedM]

Yes, ground mounted under permitted development can be a maximum 3 metres in either dimension or total 9 square metres. Also must be at least 5 metres from a boundary.