Recent changes to the UK’s permitted development rights (PDR), which remove the requirement for planning permission to be sought for development which meets certain criteria, are expected to bring further clarity to the rules around installing solar systems in the UK.
PDRs were originally extended for a number of domestic microgeneration technologies back in 2008, including solar PV and solar thermal, removing the need for planning permissions. However, since then the UK solar industry has taken off in a big way, and since certain aspects of the PDR regulations remained ambiguous, changes needed to be made.
Most of the PDR updates for solar technology focus on simplifying the wording for sections relating to installing solar panels within a conservation area. The only substantive change is exclusion A.1(c), where the wording has changed from:
“(c) Development is not permitted if… in the case of land within a conservation area or which is a World Heritage Site, the solar PV or solar thermal equipment would be installed –
(i) On a wall or roof slope forming the principal or side elevation of the dwellinghouse and would be visible from a highway; or
(ii) On a wall or roof slope of a building within the curtilage of the dwellinghouse and would be visible from a highway.”
To be replaced by:
“(c) Development is not permitted if… in the case of land within a conservation area or which is a World Heritage Site, the solar PV or solar thermal equipment would be installed on a wall which fronts a highway.”
Additionally in section B.1(b) (ii) the wording has changed from:
“Development is not permitted if… any part of the stand alone solar would, in the case of land within a conservation area or which is a World Heritage Site, be situated within any part of the curtilage of the dwellinghouse and would be visible from the highway.”
Which is to be replaced by:
“Development is not permitted if… any part of the stand alone solar would, in the case of land within a conservation area or which is a World Heritage Site, be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway.”
Regrettably, PDRs have not been extended for microgeneration on non-domestic premises, even though this was part of the same consultation and the Renewable Energy Association (REA) made strong representation for this to be given urgent attention.
Permitted development rights have recently been called into question as some of the regulations remain too vague. In extreme cases UK residents who have already installed solar panels at home have been ordered to remove panels as the local council deemed the technology “visually intrusive”. Some argue that the rules need to be clarified even further in order to prevent ambiguity at a time when converting to green technology is high on Government’s agenda.
The Town and Country Planning (General Permitted Development) Order 1995 is the principal legislation which has been subject to a number of subsequent amendments.
