Planning circular 2/2024: non-domestic permitted development rights

Annex C: Solar Panels

1. The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 – also known as “the GPDO” contains permitted development rights (PDR) for solar panels attached to non-domestic buildings (Class 6J) and within the curtilage of non-domestic buildings (Class 6N). This annex contains guidance on both. Guidance on solar canopies situated in parking areas is contained in Annex D.

Building-mounted solar panels

2. Class 6J allows the installation of solar panels (either PV (photovoltaic) for the generation of electricity or solar thermal for the generation of heat) and associated equipment such as mounting brackets, cabling etc, on the exterior walls and roofs of non-domestic buildings.

3. These PDR provide that no part of the panels and associated equipment installed is to protrude more than 1m from the surface of the building.

4. The PDR allow the installation of solar panels on buildings within a conservation area subject to the restriction that they cannot be located either on the front elevation or on a side elevation which fronts a road. ‘Principal elevation’ along with side and rear elevation is defined in the interpretation section of Part 1B of the GPDO.

5. The term “principal elevation” is used to identify the front of the building. The “rear elevation” is the elevation opposite the principal elevation. “Side elevations” link the principal and rear elevation. The “fronting a road” is a way of determining if the side elevation is in the public domain.

6. The PDR do not apply to any building which is;

• listed or within the curtilage of a listed building,
• within 3km of an aerodrome or technical site^[7].
• within a National Scenic Area,
• within a historic garden or designed landscape within a National Park, or
• within a World Heritage Site.

7. Any development carried out under the provisions of class 6J is subject to a condition, set out at Class 6J(3), that the panels and equipment must be removed as soon as is reasonable practicable if the equipment is no longer required or if it becomes incapable of generating either electricity or heat depending on the type of panels installed.

Ground-mounted solar panels

8. Class 6N allows the installation, alteration or replacement of free standing solar panels (either photo voltaic or solar thermal) and associated equipment within the curtilage of a non-domestic building.

9. The cumulative surface area covered by the solar panels and equipment under this PDR must not exceed 12 square metres. There are no restrictions on the arrangement of the panels etc or how many separate panels may be installed at different locations within the curtilage of the building, providing the total area does not exceed this limit.

10. Class 6N(2)(b) sets out that, if the building is located in a conservation area, panels and equipment cannot be installed in the front curtilage of the building. Front curtilage for the purposes of this class is defined at Class 6N(4) as meaning that part of the curtilage forward of the principal elevation of the building. As with Class 6J above principal, side and rear elevations are defined in the interpretation section of Part 1B (see paragraphs 4 and 5 above)

11. The PDR do not apply to solar panels situated;

• within the curtilage of a listed building,
• within 3km of an aerodrome or technical site,
• within a National Scenic Area,
• within a historic garden or designed landscape
• within a National Park, or
• within a World Heritage Site.

12. Any development carried out under the provisions of Class 6N is subject to a condition, set out at Class 6N(3), that the panels and equipment must be removed as soon as is reasonably practicable if the equipment is no longer required or if it becomes incapable of generating either electricity or heat depending on the type of panels installed.