Guidance Notes for Renewable Energy

Planning permission for domestic renewable energy installations

Scope

These guidance notes apply only to houses. They do not apply to flats, maisonettes or to any type of commercial property.

Background

The Government is currently undertaking a review of planning control, including possible special provision to enable domestic renewable energy systems such as solar panels and wind turbines to be installed without planning permission. Pending the outcome of this review and any changes to planning law, at the present time domestic renewable energy systems are considered as alterations to dwellings or as the provision of a structure within the curtilage (or garden) or a dwelling.

“Permitted Development” Rights

Most houses benefit from “permitted development” rights which may enable certain types of renewable energy systems to be installed without the need to apply for planning permission, provided the relevant criteria can be met. However, in some cases, these “permitted development” rights do not apply and therefore you should always check with the Council before starting work.

Where “permitted development” rights do not apply, or where the energy installation would not meet the relevant “permitted development” criteria, planning permission will be required.

Listed Buildings

If your house is a listed building, it will be necessary to apply for Listed Building Consent for works to the house or to curtilage listed buildings, even if planning permission is not required. Planning permission will be required for proposals which affect the setting of a listed building. The Council will need to be satisfied that proposals would not be detrimental to the character, appearance or setting of the listed building.

Wind Turbines

Generally, technical requirements for the siting of wind turbines, whether attached to dwellings, outbuildings or as free standing structures mean that planning permission will be required.

Solar panels

Solar panels may be attached to dwellings or may be free standing structures. In some case these may be installed without planning permission:-

(a) Attached to the roof of dwellings, provided that the panel(s):-

· Is no higher than the highest part of the existing roof
· Do not materially extend beyond the plane of the existing roof fronting a highway*
· Is not on dwelling which is within a Conservation Area or Area of Outstanding Natural Beauty

(b) Attached to the wall(s) of dwellings, provided that the panel(s):-

· Is no higher that the highest part of the existing roof
· Does not project closer to a highway* than the original
· Does not exceed 4m in height where within 2m of the boundary of the dwelling
· Does not project beyond the wall of the original dwelling facing a highway*, unless there would be at least 20m between it and the highway*

· Is not within a Conservation Area, Area of Outstanding Natural Beauty or within the curtilage of a listed building*** where the building concerned has a volume of more than ten cubic metres (measured externally)
· Is not attached to a building which is or would become more than 4m high with a ridged roof or 3m high in any other case

(d) Free standing structures within the curtilage** of a dwelling, provided that the panel(s):-

· Is not sited between the dwelling and a highway*, unless there would be at least 20m between it and the highway*
· Is not more than 3m high
· Does not have a volume or more than ten cubic metres if sited within a Conservation Area, Area of Outstanding Natural Beauty or within the curtilage of a listed building***
· Does not have a volume of more than ten cubic metres if any part is within 5m of the dwelling itself

*A highway includes a road or public right of way such as a footpath or bridleway
**In most situations, the residential curtilage is a house and its garden
***In most situations, the curtilage of a listed building includes land or buildings when served the purpose of the listed building at the time it was listed.

If the solar panel(s) would not comply with any of the above criteria, then planning permission will be required

Ground Source Heat Pumps and Biomass Boilers

Ground source heat pumps may require planning permission if significant ground works are involved.

Biomass boilers may require planning permission in some cases where new buildings or extensions are necessary.

In either case, you are advised to check with the Planning Office before starting work.

Finding out if planning permission is required

The guidance is not an authoritative interpretation of the law. Due to the many permutations which may be involved in considering whether a domestic renewable energy proposal requires planning permission, it is recommended that initial informal advice be sought from the Planning Office before starting work. A Planning Duty Officer is normally available for telephone enquiries between 9.30am – 12.30pm Monday to Friday, telephone (01892) 602011.

A formal decision on the need for planning permission may be obtained by applying for a “Certificate of Lawful Development (Proposed)”. This procedure is recognised by Solicitors. The fee for a Certificate of Lawful Development (Proposed) is £67.50 and a decision is normally made within a period of up to 8 weeks.

In the event that the Council decides that planning permission is not required, the proposals may go ahead (subject to obtaining any other authorisation, such as Building Regulation approval, which may be necessary (See below).

In the event that the Council decides that planning permission is required, it will be necessary to submit a separate application for planning permission, for which a further fee of £67.50 is payable. An application for planning permission will normally take up to 8 weeks to decide.

If it is clear from the outset that planning permission is required, a planning application may be submitted. The application fee is £135.

Application forms for a Certificate of Lawful Development (Proposed) (Form CLPD1) or planning permission (Form HA1) and relevant guidance notes can be printed from the Council’s website (link to application forms on WDC website) or may be obtained on request from the Planning Office. It is also possible to submit applications on-line (link to Planning Portal website)

It is up to you to ensure that you have all the necessary consents before starting work.

Consideration of applications for planning permission

If an application for planning permission is submitted, it will be assessed against relevant considerations, including Government planning guidance and planning policies contained in the East Sussex and Brighton & Hove Structure Plan 1991-2011, the adopted Wealden Local Plan 1998 and the Non-Statutory Wealden Local Plan 2005 (link to ESCC website for Structure Plan policies) (link to WDC website for local plan policies)

When considering a planning application for a domestic renewable energy system, the Council will take into account:-

· The visual impact of the installation
· Any adverse effects on neighbouring properties, e.g from noise, etc.

The Council is keen to promote renewable energy but it also has a duty to protect the quality of the existing natural and built environments and a balance will need to be struck between allowing development and protecting the character and visual amenities of the locality.

Building Regulations

The Building Regulations differ from planning permission and deal with technical matters such as structural stability, fire resistance, thermal insulation and electrical safety. Building Regulation approval may be required for wind turbines and solar panels. (Link to Building Control pages of website). You should always check with the Council before starting work. Informal advice can be obtained by telephoning the Building Control section on 01892 602486

If you propose to carry out works close to boundaries, you will need to take account of the requirements of the Party Wall etc. Act 1996. This is your responsibility.

Grants

Grants for domestic renewable energy installations may be available from the Energy Saving Trust

Further information

Further information on domestic renewable energy systems can be obtained from the following sources:-

Department for Communities & Local Government

The Government’s on-line planning website

Department of Trade & Industry Low Carbon Buildings Program

British Wind Energy Association