Permitted Development Rights: Non-Domestic Solar Panels and Domestic Air Source Heat Pumps

Permitted Development Rights Proposals

Non-Domestic Solar Panels

Current Situation

16. Legislation: The Town and Country Planning (General Permitted Development) (Non-Domestic Microgeneration) (Scotland) Amendment Order 2011: http://www.legislation.gov.uk/ssi/2011/136/contents/made

• Allows for solar photovoltaic ( PV) and solar thermal equipment

Limitations:

• Microgeneration output thresholds (50 kilowatts electricity, 45 kilowatts thermal). This is the total for all solar panels installed on the building
• Permitted development rights do not apply within 3 kilometres of the perimeter of an aerodrome or technical site

Permitted development rights do not apply in the following areas:

• A site of archaeological interest
• The curtilage of a listed building
• A National Scenic Area
• A Historic Garden or designed landscape
• A Conservation area
• A National Park

Pitched roof limits:

• 200 millimetre protrusion from the roof
• Equipment not to exceed the height of the roof ridge
• Equipment not to go beyond the edge of the roof

Flat roof limits:

• The roof must have a parapet wall
• Equipment not to exceed the height of the parapet wall
• Equipment must not to go beyond the edge of the roof

Wall limits:

• 200 millimetre protrusion from the wall
• Equipment not to go beyond the boundary of the site on which the building is located
• Equipment not to be within 200 millimetres of the edge of a wall

Proposal

17. The proposal amends some of the existing permitted development rights to allow solar panels to be installed on more non-domestic buildings without the need for a planning application to be approved. The proposal allows for solar photovoltaic ( PV) and solar thermal equipment. New proposals are shown bold type. The microgeneration output limit, aerodrome and technical site limitations are removed.

• Allows for Solar photovoltaic ( PV) and solar thermal equipment

Limitations:

Permitted development rights do not apply in the following areas:

• A site of archaeological interest
• The curtilage of a listed building
• A National Scenic Area
• A Historic Garden or designed landscape
• A Conservation area
• A National Park
• A World Heritage Site

Pitched roof limits:

• 200 millimetre protrusion from the roof
• Equipment not to exceed the height of the roof ridge
• Equipment not to go beyond the edge of the roof

Flat roof limits:

• Equipment not to exceed 1 meter from the roof (excluding chimneys or other roof features)
• Equipment not to be located on the roof closer to the edge of the roof than the height of the installed equipment

Wall limits:

• 200 millimetre protrusion from the wall
• Equipment not to go beyond the boundary of the site on which the building is located
• Equipment not to be within 200 millimetres of the edge of a wall

Anticipated Outcomes of the Proposed Changes

18. Non-domestic properties could fit larger arrays of solar panels without the need to make a planning application. This is more in line with the existing permitted development rights for domestic properties and reflects the move to permitted development rights for roof mounted solar arrays on non-domestic buildings in England of up to 1 megawatt.

Domestic Air Source Heat Pumps

Current Situation

19. Legislation: The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010: http://www.legislation.gov.uk/ssi/2010/27/contents/made

• Allows for one air source heat pump within the land of a domestic building

Limitations:

• Only one air source heat pump can be considered to be permitted development, further air source heat pumps do not benefit from permitted development rights
• Equipment not to be less than 100 metres form the boundary of another domestic property
• Equipment within a conservation area not to be visible from a road within that conservation area
• Prior approval to be sought from the planning authority 28 days before installation happens
• Development to happen within three years of the date from which prior approval was sought or where prior approval was needed, from the date the prior approval was given
• Equipment to be sited to minimise the effect on the amenity of the area
• Equipment to only be used for domestic microgeneration
• Equipment to be removed when no longer needed for or capable of domestic microgeneration

Permitted development rights do not apply in the following areas:

• A World Heritage Site
• The curtilage of a listed building

Proposal

20. The proposal amends some of the existing permitted development rights to allow air source heat pumps to be installed on more domestic buildings without the need for a planning application to be approved. New proposals are shown bold type. The 100 metre distance limitation and prior approval elements are removed. The domestic microgeneration criterion is removed as the proposal is clear this is about residential properties and the installation would be subject to the microgeneration certification scheme.

• Allows for one air source heat pump on a dwelling or within the land of a domestic building

Limitations:

• The installation should not result in more than one air source heat pump on the property (whether or not an existing air source heat pump was approved following a planning application)
• Equipment within a conservation area or National Park to only be sited on the ground floor level on the rear of the building
• Where the building contains one or more flats the equipment should be sited at ground floor level
• For houses the equipment should be at ground floor level when at the front (or principal) or side of the building
• The equipment should not extend further than 1 meter away from the external roof or wall surface
• The equipment should comply with Microgeneration Certification Scheme Planning Standards or equivalent standards
• Equipment to be used for domestic heating only
• Equipment to be sited to minimise the effect on amenity
• Equipment to be removed when no longer needed for or capable of domestic microgeneration

Permitted development rights do not apply in the following areas:

• A World Heritage Site
• The curtilage of a listed building

Anticipated Outcomes of the Proposed Changes

21. Many houses and some flats would be able to install air source heat pumps without the need for planning permission.

22. Air source heat pumps that were not accredited by and installed under the standards of the microgeneration certification scheme, or equivalent standards that have been approved, would need a planning application to be made and approved before the equipment is installed.

23. Although not within the same legislative provision which provides for the one metre bubble concept (see paragraph 7) the proposed rights move towards a similar approach. It is more restrictive than the bubble concept in that the equipment installed above ground level would not be possible on the principal or side wall (elevation) of the building, a planning application would be needed to consider such applications.

24. We do not see the need to make provision for heat pumps to be installed further than 1 meter from the wall of the building as we understand that in most situations it is most efficient to install the equipment as close to the building as possible to minimise heat losses from the associated pipework.

25. Other siting requirements for the operational efficiency of the equipment and to safeguard neighbours from excessive noise would be managed through the application of the microgeneration certification scheme planning standards or other equivalent approved standards.

26. Noise is a complex matter. It affects different people in different ways, depending on how they perceive and respond to noise (the same noise could be stressful for one person and acceptable to another). The microgeneration certification scheme does not establish a threshold whereby a noise nuisance is caused. Noise nuisance is a statutory matter controlled by the Environmental Protection Act 1990. This is not replaced by the microgeneration certification scheme and equipment installed under that scheme could be found to be a statutory nuisance under that act but decisions around that will be made on a case by case basis.

27. Available evidence from England suggests that there has not been a general upsurge in complaints following the introduction of permitted development rights allied to the microgeneration certification scheme ^[1] .