Getting planning permission

Permitted development rights

In England and Scotland, changes to permitted development rights for renewable technologies introduced on 6th April 2008 and 12th March 2009 respectively, have lifted the requirements for planning permission for most domestic microgeneration technologies.

The General Permitted Development Order (GPDO), or the Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009 grants rights to carry out certain limited forms of development on the home, without the need to apply for planning permission. The scope of the GPDO in England and the TCP (GPD) in Scotland now extends to the following technologies:

Always check with your local authority to find out if you require planning permission or not, the information on this page is for guidance only.

Solar PV and solar thermal (roof mounted):

Permitted unless:

• panels protrude more then 200mm when installed.

Additionally in Scotland only:

• installed on any part of the external walls of the building if the building contains a flat
• panels when installed on a flat roof are situated within 1 metre from the edge of the roof or protrude more than 1 metre above the plane of the roof
• panels when installed project higher than the highest point of the roof (excluding the chimney)
• the building is within a conservation area or World Heritage Site and the solar PV or solar thermal equipment is installed on a roof which forms the front of the building and is visible form the road.
• Note additionally in Scotland only: The solar PV or solar thermal equipment must, as far as is reasonably practical, minimise its effect on the amenity of the area and be removed when it is no longer needed or used for domestic microgeneration.

Solar PV and solar thermal (stand alone):

Permitted unless:

• more than 4 metres in height
• installed less than 5 metres away from any boundary (England Only)
• above a maximum area of array of 9m²

In England only:

• situated on a wall within any part of the curtilage of the dwelling house and would be visible from a highway in Conservations Areas and World Heritage Sites.

Additionally in Scotland only:

• installed a distance from the boundary of the curtilage of the dwelling house which is less than the height of the array
• within the curtilage of a listed building
• results in more than one free standing solar
• The building is within a conservation area or World Heritage Site and the solar PV or solar thermal equipment is installed on a wall or roof which forms the front of the building and is visible form the road.
• Note additionally in Scotland only: The solar PV or solar thermal equipment must, as far as is reasonably practical, minimise its effect on the amenity of the area and be removed when it is no longer needed or used for domestic microgeneration.

Wood burning boilers and stoves, and CHP:

Permitted unless:

• flue exceeds 1m above the roof height (excluding the chimney)
• installed on the principal elevation and visible from a road in buildings in Conservation Areas and World Heritage Sites.

Additionally in Scotland:

• flue situated within an Air Quality Management Area (when CHP is wood fuelled)

Ground source heat pumps:

Permitted

Water source heat pumps:

Permitted

Micro and small wind

Due to legal technicalities the current statutory instrument (SI) does not cover micro or small wind. Once these issues have been resolved, it is expected that roof mounted and free standing wind turbines will be permitted at detached properties that are not in conservation areas. Further legislation is expected later this year.

Until then, you must consult with your local authority regarding planning permission.

Air source heat pumps

Air source heat pumps are in a similar situation to micro wind. Once the legal technicalities have been resolved, it is expected that air source heat pumps will be permitted developments. Again, further legislation is expected later this year.

Until then, you must consult with your local authority regarding planning permission.

Note that the permitted development rights are not extended to Listed Buildings which are covered by other planning regulations.

Wales and Northern Ireland

Permitted Development and planning policy in general is a devolved responsibility. The Welsh Assembly Government and Northern Ireland Government are currently all considering changes to their legislation on permitted developments, to facilitate installations of microgeneration technologies. Legislation is expected in both countries later this year.

Until then, householders in Wales and Northern Ireland must consult with their local authority regarding planning permission.

Planning Tip

The companion guide to Planning Policy Statement 22 on Renewable Energy recommends that if you are intending to install a small hydro system for example, that you make early contact with the developer, planning authorities, the Environment Agency and statutory consultees, such as Natural England to ensure that all statutory remits are met.

To help you with this process a tool – the Planning Performance Agreement (PPA) – has been developed. The PPA is a framework agreed between a local planning authority and a planning applicant for the management of complex development proposals within the planning process.

The benefit of the PPA is that it allows both the developer and the local planning authority to agree a project plan and programme, which ensures that the planning application is committed to a firm timetable, and one which is unconstrained by a 13-week target. It will also make clear, in advance, what will be required of each party.

The UK's Planning Portal's interactive house provides an overview of planning permission and building regulations for householders

The UK Planning Portal's Greener Homes section which is supported by the Energy Saving Trust can also assist as an informal guide to planning.

Visit the Greener Homes section

However, for specific questions regarding planning in your local area you must ask your local Planning Authority.

Click here to find your local planning authority

Click here for more information on the statutory instrument for General Permitted Development