Planning and microgeneration technologies

by Philip Moren

In an effort to encourage communities within England to become more self-sufficient in the way they use heat and power, Climate Change Minister Greg Barker recently published a strategy for the promotion of microgeneration and decentralised energy (Microgeneration Strategy – June 2011). The strategy is based on two core principles: 1) the provision of financial incentives to help increase local renewable energy production; and 2) the removal of non-financial barriers to microgeneration, including by streamlining planning regulation. This article seeks to simplify the complex planning rules that currently apply to microgeneration proposals.

What is microgeneration?

Microgeneration is the small-scale production of heat and/or electricity from low carbon sources. It is defined under the Energy Act 2004 as up to 45kWth (micro-heat) and up to 50kWs (micro-electricity). However, the government's new strategy, whose scope is determined by the Green Energy Act 2009, assumes a definition of up to 50kW for electricity and up to 300kWth for heat, in recognition that larger-scale microgeneration technologies can be installed at non-domestic premises, such as community and small commercial sites.

At present, the main source of microgeneration energy is from the sun. However, the main types of low carbon and renewable microgeneration technologies are:

• Solar photo-voltaic (PV) panels
• Solar thermal panels
• Ground and air source heat pumps
• Wind turbines
• Hydro (including water mills)
• Combined heat and power (CHP) units
• Heat and power generation from biomass, bio-liquids and biogas including from anaerobic digestion.

Government planning policy

Planning Policy Statement 22: Renewable Energy says that local planning authorities and developers should consider the opportunity for incorporating small-scale renewable energy projects in all new developments. Planning authorities are exhorted to specifically encourage such schemes through positively expressed policies in their local development documents.

Among other things, the draft National Planning Policy Framework, published in July 2011, points out that when determining planning applications local authorities should apply the presumption in favour of sustainable development and not require applicants for energy development to demonstrate the overall need for renewable or low-carbon energy. They should also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions.

Need for planning permission

Following legislative changes that came into effect in England in 2008, in accordance with Part 40 to Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, as amended (GPDO), express planning permission from the local planning authority is not required for the installation of various types of domestic microgeneration equipment, including solar PV and solar thermal equipment on or within the curtilage of dwellinghouses, so long as certain criteria are met - and provided such rights have not been withdrawn by a condition attached to any planning permission or by an Article 4 Direction.

For the purposes of such permitted development rights, a dwellinghouse means a building that consists wholly of flats or one that is used for the purposes of a dwellinghouse.

The Planning Portal, from which the following guide is largely adapted, summarises the need for permission for microgeneration proposals at residential properties within England and Wales. However, it should be noted that the guidance that follows relates to England only and is not a definitive source of legal information. There are different rules in Wales and in Scotland.

Solar panels

Planning permission is not normally needed for solar panels on a dwellinghouse or on a building within its curtilage, or for standalone panels within the curtilage of a dwellinghouse, provided they are sited, so far as is practicable, to minimise the effect on the amenity of the area, removed when no longer needed for microgeneration as soon as reasonably practicable, and comply with the following requirements.

Roof and wall mounted solar panels:

• Panels should not be installed above the ridgeline and should project no more than 200mm from the roof or wall surface
• In the case of wall mounted panels only, if the property lies in a conservation area or in a World Heritage Site planning permission from the local authority is required when panels would be fitted on the principal or side elevation walls and be visible from the highway. If the panels would be fitted to a building within the residential curtilage they should not be visible from the highway
• Panels on a building should be sited, so far as is practicable, to minimise the effect on the appearance of the building.

If the property is a listed building installation is likely to require an application for listed building consent, even where planning permission is not needed.

Standalone solar panels:

• Should be no higher than 4m
• Should be at least 5m from curtilage boundaries
• Size of array is limited to 9 sq m or 3m wide and 3m deep
• Should not be installed within the curtilage of a listed building
• In the case of land in a conservation area or in a World Heritage Site it should not be visible from the highway
• Only one standalone solar installation is permitted.

Ground source or water source heat pump systems

These do not usually need planning permission where installed within the curtilage of a dwellinghouse. However, where the property is a listed building or lies within a conservation area, advice should be sought from the local authority.

Biomass and combined heat and power (CHP) systems

Planning permission is not normally needed for these installations at a dwellinghouse if all the work is internal. However, if the installation requires an external flue, this will normally be permitted development if the following conditions are met.

• Flues on the rear or side elevation of the building must be no higher than 1m above the highest part of the roof
• In a conservation area or in a World Heritage Site the flue should not be fitted on the principal or side elevation if it would be visible from a highway.

Where the installation also requires an outside building to store fuel or related equipment the same rules apply to that building as for other extensions and garden outbuildings.

If the building is listed separate consent will be required, even for internal alterations.

Air-source heat pumps

Planning permission is currently required for such heat pumps.

Wind turbines

At present, in most cases planning permission from the local authority is required to add a domestic wind turbine to a dwellinghouse, or to site one within its curtilage.

Hydro electricity

Planning permission will be required for all such developments.

Plans to extend permitted development rights

The government is currently considering draft proposals to extend permitted development rights to various categories of renewable energy technology, including air source heat pumps and domestic wind turbines.

Further information

Further information can be obtained from the Planning Portal (see www.planningportal.gov.uk) or from the local planning authority within whose area the proposed installation would be located.

For assistance with detailed matters of interpretation of the GPDO, go to www.planningjungle.com.

The Department of Energy and Climate Change offers useful advice on non-planning matters associated with microgeneration proposals. See
www.decc.gov.uk/en/content/cms/meeting_energy/microgen/microgen.aspx.

Philip Moren BA(Hons) MRTPI is a planning consultant and regular writer on planning matters. He is co-author of the RIBA Good Practice Guide: Negotiating the Planning Maze. The views expressed in this article are entirely his own.

Related NBS information:

Articles:

• Field trial report on domestic wind turbines
• Photovoltaics for dwellings - an update

Selected links:

• Renewable energy
• Energy efficiency

August 2011

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