RooFit refused - planning for 100kw on roof

[ktech]

Just wondered if anyone has had any experience of this.

We put a preliminary application in for roofit and completed all the required information. We referred to the permitted development rights as the reason for planning permission not required. They have now come back after a couple of months and said that anything above 50kw is not classed as permitted development because it is not microgeneration so planning is required and the application refused. My understanding was that roof mounted commercial pv was under permitted development as long as all the usual rules for 1m around the array etc are complied with.

I'm not sure if I have just referred to e wrong bit of legislation during the application but ofgem will not provide guidance its up to us to submit what we have - very frustrating.

 

[ktech]

Ofgem are referring to the GDPO 1995 but i'm thinking this is covered by The Town and Country Planning Order 2012 (Amendment)?

 

[BruceB]

I assume the secodnary legislation you are thinking of is
http://www.legislation.gov.uk/uksi/2012/748/pdfs/uksi_20120748_en.pdf
The bit you are relying on is:



Note the word MICROGENERATION in the title.
I have not traced back the definitions but suspect your planners are relying on the definition of microgeneration being below 50kW in associated legislation.

 

[TedM]

Yes, PD only covers systems up to 50kW which is the limit for "microgeneration". It is defined in 82(8) of The Energy Act 2004.

http://www.legislation.gov.uk/ukpga/2004/20

This same limit applies across all legislation and is why the MCS limit is also 50kW.

 

[ktech]

Hi Ted, ye this is what I've discovered. I thought I had covered everything with this been the first >50kW we have done but clearly not.

However although the preliminary accreditation has been refused based on lack of planning it seems that a new full roofit accreditation can be completed as they don't ask for planning compliance on this.

The customer is fine as they say if it came up they would go for planning retrospective.

 

[TedM]

If you can commission the system before any upcoming tariff change deadline then there is no advantage to be gained from the preliminary accreditation.

Anyone applying for preliminary accreditation and relying on the permitted development rules (for systems up to 50kW) will need to supply OFGEM with a Certificate of Lawfulness of Proposed Use or Development (CLOPUD) for the project. You buy these from your Planning Authority.

 

[Worcester]

Interestingly we had this discussion with one local planning authority over a 100kW system as THEY kept insisting that it was permitted, so we we sent them all the legislation and they still said we didn't need it, so eventually we formally requested a Certificate of Lawful Development, which they then refused to issue, so they finally accepted the planning application. duh!