Planning & Permitted Development Rights
Installing certain renewable energy technologies, such as solar thermal, solar photovoltaic and biomass boilers, has now been made a lot simpler thanks to Permitted Development Rights introduced on 6th April 2008 in England and 12th March 2009 in Scotland.
If you need more information or have any questions you should contact your local authority.
Permitted Development Rights
In England and Scotland, changes to permitted development rights for renewable technologies introduced on 6th April 2008 and 12th March 2009 respectively, have lifted the requirements for planning permission for most domestic microgeneration technologies.
The General Permitted Development Order (GPDO), or the Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009 grants rights to carry out certain limited forms of development on the home, without the need to apply for planning permission. The scope of the GPDO in England and the TCP (GPD) in Scotland now extends to the following technologies:
Always check with your local authority to find out if you require planning permission or not, the information on this page is for guidance only.
Permitted Development and planning policy in general is a devolved responsibility. The Welsh Assembly Government and Northern Ireland Government are currently all considering changes to their legislation on permitted developments, to facilitate installations of microgeneration technologies. Legislation is expected in both countries later this year.
Until then, householders in Wales and Northern Ireland must consult with their local authority regarding planning permission.
Planning Advice
The companion guide to Planning Policy Statement 22 on Renewable Energy recommends that if you are intending to install a small hydro system for example, that you make early contact with the developer, planning authorities, the Environment Agency and statutory consultees, such as Natural England to ensure that all statutory remits are met.
To help you with this process a tool – the Planning Performance Agreement (PPA) – has been developed. The PPA is a framework agreed between a local planning authority and a planning applicant for the management of complex development proposals within the planning process.
The benefit of the PPA is that it allows both the developer and the local planning authority to agree a project plan and programme, which ensures that the planning application is committed to a firm timetable, and one which is unconstrained by a 13-week target. It will also make clear, in advance, what will be required of each party.
Wales
New planning rules that make it easier for people to install microgeneration equipment in their homes came into effect from the beginning of September 2009. Permitted Development Rights are extended to allow a greater range of domestic microgeneration equipment to be installed without requiring planning permission, subject to specific criteria. The Welsh Assembly Government have published a leaflet for households explaining the changes - Domestic microgeneration permitted development: A guide for Householders.
Scotland and Northern Ireland
Permitted Development and planning policy in general is a devolved responsibility. The Scottish Government and Northern Ireland Government are currently all considering changes to their legislation on permitted developments, to facilitate installations of microgeneration technologies.
Until then, householders in Scotland and Northern Ireland must consult with their local authority regarding planning permission.
England
The permitted development rights for low carbon and renewable technologies were changed on the 6th April 2008, lifting the requirements for planning permission for the technologies detailed below.
To read "The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008" please click here. The General Permitted Development Order has been extended to include:
Solar PV and Solar Thermal (roof mounted):
Permitted unless;
- panels, when installed, protrude more than 200mm
- it would result in the highest part of the solar PV or solar thermal equipment being higher than the highest part of the roof (excluding any chimney)
- they would be placed on a wall forming the principal or side elevation of the dwellinghouse and would be visible from a highway in buildings in Conservation Areas and World Heritage Sites
Solar PV and Solar Thermal (stand alone):
Permitted unless:
- more than 4 metres in height
- installed less than 5 metres away from any boundary
- above a maximum area of array of 9m2
- situated within any part of the curtilage of the dwelling house or would be visible from the highway in conservations areas and World Heritage Sites
Biomass Boilers and Stoves, and CHP:
Permitted unless:
- flue exceeds 1m above the roof height
- installed on the principal elevation and visible from a road in buildings in conservation areas and World Heritage Sites.
Permitted.
Water Source Heat Pumps:
Permitted.
Due to legal technicalities the current statutory instrument (SI) does not cover micro wind. Once these issues have been resolved, it is expected that roof mounted and free standing micro wind turbines will be permitted at detached properties that are not in conservation areas. Further legislation is expected later this year.
Until then, you must consult with your local authority regarding planning permission.
Air Source Heat Pumps (ASHP):
ASHP is in a similar situation to micro wind. Once the legal technicalities have been resolved, it is expected that air source heat pumps will be permitted developments. Again, further legislation is expected later this year.
Until then, you must consult with your local authority regarding planning permission.
(Note that the permitted development rights are not extended to Listed Buildings which are covered by other planning regulations.)
For specific questions regarding planning in your local area you must ask your local planning authority. Click here to find your local planning authority (external website).
