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

Annex D: Solar canopies and related equipment

1. The PDR for solar canopies, necessary battery storage and equipment in qualifying parking areas are intended to strike a balance between maximising the use of these spaces for the generation of electricity to help meet climate change targets, whilst maintaining reasonable planning controls to address issues, such as local amenity and built heritage considerations.

2. Unless otherwise stated, references in this Annex to definitions of terms, such as qualifying parking area, are to definitions for the purposes of Class 9M.

3. Class 9M sets out the PDR for solar canopies and related equipment, including an element of battery storage, in a qualifying parking area.

4. A qualifying parking area is defined as an area whose primary use is the lawful parking of vehicles and where parking takes place on a hard surface. This means that the parking area could be used for other activities, but it is primarily a parking area for vehicles. This definition includes parking areas with soft surfaced areas, such as landscaping, provided vehicles are parked on a hard surface.

Grant of Planning Permission

5. Class 9M(1)(a) grants planning permission in a qualifying parking area for (i) a solar canopy, and (ii) equipment (including equipment housing) necessary for operation of the solar canopy.

6. A solar canopy is defined as solar photovoltaics supported by a qualifying canopy structure and the qualifying canopy structure and connecting cabling.

7. A qualifying canopy structure is defined as a structure which supports solar photovoltaics, which is both open on one or more sides and allows one or more vehicles to be parked underneath it.

8. Class 9M(1)(b) grants planning permission in a qualifying parking area for (i) battery storage which is wholly or primarily associated with the operation of a solar canopy permitted under this class, and (ii) equipment (including equipment housing) necessary for operation of the battery storage.

9. Battery storage is defined here as the equipment and apparatus for the storage of energy which is converted from electricity and is stored for the purpose of its future reconversion into electricity.

10. The intention is that whilst the battery storage is to support the use of the solar canopies in providing electricity for various uses, this does not rule out their use for other purposes when storage capacity is available.

Limitations on Class 9M PDR

11. There are various limitations on the PDR under Class 9M, which relate to particular areas, distances from other development and the size of equipment.

Limitation on PDR in designated and other areas

12. Class 9M (2)(e) contains a limitation such that PDR under Class 9M do not apply at all in the following areas:

(i) sites of archaeological interest,

(ii) National Scenic Areas,

(iii) historic gardens or designed landscapes,

(iv) historic battlefields,

(v) conservation areas,

(vi) National Parks,

(vii) World Heritage Sites,

(viii) the curtilage of a listed buildings

Limitation on PDR for development on or near buildings

13. Class 9M(2)(a) contains a number of limitations, again relating to any development under Class 9M, regarding its proximity to other development. The Class 9M PDR do not apply:

(i) Within 5 metres of a road,

(ii) Within the curtilage of a dwellinghouse, or a building containing one or more flats,

(iii) Within 10 metres of the curtilage of a dwellinghouse or a building containing one or more flats,

(iv) Within 3 kilometres of the perimeter of an aerodrome or technical site^[8].

14. There is also a further limitation under Class 9M(2)(f) removing these PDR from development that would take place on the roof of a building, or on the top level of an open top multi-storey car park.

Limitation on the size of development

15. Class 9M(2)(b) allows for a solar canopy to be up to 4 metres in height whilst any other development under new Class 9M cannot be above 3 metres in height. The heights here are measured from the level of the surface used for the parking of vehicles.

16. Given the definition of ‘solar canopy’, this means that cabling can be included on a canopy structure which is up to 4 metres in height.

17. There are two sets of limits on the cubic capacity of equipment set out in Class 9M (2)(c) and (d). Firstly, a limit on any individual battery storage unit or piece of equipment (including equipment housing but excluding a solar canopy or cabling) of 29 cubic metres in size. This applies to any battery storage or any equipment, including equipment housing, under Class 9M other than a solar canopy or cabling.

18. Secondly (Class 9M(2)(d)), there is a limit of 58 cubic metres in size for the combined size of all battery storage units and all pieces of equipment (including equipment housing but excluding cabling) relating to battery storage, as specified in Class 9M(1)(b).

19. Where equipment housing includes development under Class 9M(1)(a)(ii) relating to solar canopies alongside any development under Class 9M(1)(b), then that equipment housing counts towards this cumulative limit.

Conditions on illumination of development and on the removal of redundant development

20. There are two different sets of conditions in Class 9M(3). Firstly, those relating to any illumination forming part of development under Class 9M. Secondly, those relating to the removal of redundant equipment and the reinstatement of land.

21. Class 9M (3)(b) sets out a requirement where any lighting or illumination forms part of the development. Such lighting or illumination must be directed towards the surface used for the parking of vehicles, and it must only illuminate the immediate area of the development.

22. Under Class 9M(3)(a), development is permitted subject to the following conditions that if development is no longer needed for the generation of electricity, then, as soon as reasonably practicable:

a. it must be removed; and.

b. the land on which the development was mounted or into which the development was set must be reinstated.

23. That reinstatement must be made, so far as reasonably practicable, to either:

i) its condition before that development was carried out, or,

ii) in accordance with a restoration plan agreed in writing with the planning authority.

Prior notification/prior approval

24. Class 9M(4) includes a prior notification/ prior approval procedure. This applies to development under Class 9M(1)(b), i.e., (i) battery storage which is wholly or primarily associated with the operation of a solar canopy permitted under this class, and (ii) equipment (including equipment housing) necessary for operation of the battery storage.

25. In this case, the planning authority has an opportunity to control the siting and design of battery storage and related equipment specified in Class 9M(1)(b) at or within a qualifying parking area. This is, along with the cumulative size limit on such development, to help address amenity issues regarding such development. In addition, we are aware that some concerns have been expressed about potential safety issues related to battery storage generally as regards, in particular, fire risks. This provision would allow the planning authority to control, for example, the location of the battery storage at a site or within a site.

26. See Annex A for guidance on prior notification/prior approval. In the case of Class 9M, the prior notification application must be accompanied by:

• a written description of the proposed development;
• a plan or plans indicating the location of the site of the proposed development and location of the proposed development within the site plan showing the location of the site; and
• any fee required to be paid.

Completion of development

27. Under Class 9M(4) (e) the development must be completed within 3 years of the date on which prior approval is given or, if prior approval is not required, the date on which the information required to be submitted with the prior notification was given to the planning authority.