Renewable Energy and the Planning Problems

Date Added: 02 February 2011

Obtaining planning permission for renewable energy requirements can be difficult.

Some small scale developments may be covered by the General Permitted Development Order as amended, and the installation of solar photovoltaic or thermal units on roofs, in particular on residential buildings, is permitted unless the panels protrude by more than 200mm above the existing roofline. Obviously different rules will apply if the house is in a conservation area or some site that is limited in its development rights, then different rules will apply.

It is also possible to install stand alone solar photovoltaic systems of up to nine square metres within the curtilage of a dwelling house subject to them being particular distances from boundaries and with limitations on height.

It is no surprise that consents for underground work, for instance heat pumps and systems of that kind, and likewise for chimneys or flues serving renewable heating systems within a building are not necessary.

The planning rules allow certain developments in certain circumstances and we can assist with these and for bigger or grander proposals, then obviously these will be beyond the general development permitted rights that are available and a planning permission will be required.

There are different rules for the planning procedure in different areas of the Country but in England the rules are set out in Planning Policy Statement 22 (PPS22) and that is supplemented by a companion guide.

The major elements of the Policy contained in PPS22 are:-

• 1. Renewable energy developments should be capable of being accommodated throughout England in locations where technology is viable and environmental, economic and social impacts can be addressed satisfactorily.
• 2. Regional spatial strategies and local development documents to promote and encourage, rather than restrict, the development of renewable energy resources. Regional planning bodies and local planning authorities should recognise the full range of renewable energy sources, their differing characteristics, locational requirements and the potential for exploiting them subject to appropriate environmental safeguards.
• 3. The wider environmental and economic benefits of all proposals for renewable energy projects, whatever scale, are material considerations that should be given significant weight in determining whether proposals should be granted planning permission.
• 4. Small-scale projects can provide a limited but valuable contribution to overall outputs of renewable energy and to meet energy needs both locally and nationally. Planning authorities should not therefore reject planning applications simply because the level of output is small.
• 5. Developers of renewable energy projects should engage in active consultation and discussion with local communities at an early stage in the planning process, and before any planning application is formally submitted.
• 6. Development proposals should demonstrate any environmental, economic and social benefits as well as how any environmental and social impacts have been minimised through careful consideration of location, scale, design and other measures.

Farmers trying to deal with the legislation in connection with planning applications for renewable energy sites will be conscious of the fact that each site may have its own problems, in particular conservation areas and areas of outstanding natural beauty and matters of that kind and PPS22 covers all those kind of matters.

In conclusion, we would say that small scale photovoltaic installations on pre existing farm buildings and dwellings are more than likely to be permitted but this general rule will not necessarily apply if the buildings are listed or lie within a conservation area of some variety.

We believe that it is more likely that planning departments will resist wind turbines because they are significantly more visible generally than roof panels. However, the best answer is to contact us in relation to the relevant legislation enabling these kind of developments, or ensure than when dealing with a company or organisation seeking to install systems on your land or buildings, that you make quite sure that they have a planning department that is up to speed with the matters that need to be considered at planning level.

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