Changes announced to permitted development rights for solar

The UK Government has announced amendments to permitted development rights (PDRs) for the installation of solar equipment both on and within the curtilage of domestic and non-domestic buildings in England. These take effect from 21 December 2023.

In the spring, the government launched a consultation on potential changes to PDRs to further support temporary campsites, solar panels and film-making. The consultation received over 1,000 responses and a reply is expected in due course.

There are four PDRs for the installation of solar equipment on and within the curtilage of domestic and non-domestic buildings, these sit within Part 14 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015. Classes A and B focus on domestic solar equipment whilst Classes J and K focus on non-domestic solar equipment. All four of these classes will be amended from the end of December to allow for the following without full planning permission:

• Installation of solar equipment on a flat roof.
• Stand-alone solar equipment in a Conservation Area where the equipment is closer to a highway than the part of the premises nearest the highway (restricted at a height of 2m and requires prior approval).

The permitted development rights for solar have also been amended to enable the opportunity for residents living within Article 2(3) land to apply for solar equipment installation via the prior approval process. These areas include National Parks, National Landscapes (previously known as Areas of Outstanding National Beauty), Conservation Areas and World Heritage Sites.

• Installation of solar equipment on a sloping roof fronting a highway in Article 2(3) land.
• Installation of solar equipment over a capacity limit of 1MW (previously limited at 1MW).
• Stand-alone solar equipment in Article 2(3) land where the equipment is closer to a highway than the part of the premises nearest the highway (restricted at a height of 2m and requires prior approval).

Class OA has been introduced into Part 14 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 to permit the installation, alteration and replacement of solar canopies on non-domestic, off-street parking. This new right will be subject to various limitations and cannot be any taller than 4m or within 10m of the curtilage of a dwelling or block of flats. Applicants must also apply via the prior approval process before proceeding.

Earlier this year, the CLA responded to a consultation held on these proposed amendments and supported the proposals related to solar. We are pleased to see that plans have been brought forward and will be implemented from 21 December 2023.

The changes will bring more buildings and property owners within scope to decarbonise and lower the energy costs of their properties. Allowing more solar panels in places such as Conservation Areas and World Heritage sites will create more scope for buildings and property owners to decarbonise and lower the energy costs of their properties through permitted development.

Unfortunately, these amendments do not go as far as to enable these PDRs on listed buildings. The CLA called for the removal of the exception for listed buildings as this would encourage local authorities to grant Listed Building Consent (where appropriate for the installation of solar equipment), but remove the cost intensive requirement for full planning permission.

The CLA will continue to lobby for permitted development rights for solar on and within the curtilage of domestic and non-domestic listed buildings.