Understanding Permitted Development for Non-Domestic Solar Installations

Understanding permitted development for non-domestic solar installations allows businesses to navigate regulations and optimise the installation process, ensuring compliance and maximising the benefits of solar energy investments.

With the increasing costs of energy, more and more business owners and other non-domestic building owners are looking to alternative sources of electricity. For businesses, the financial benefits of installing solar panels are particularly compelling. By generating their own electricity, businesses can significantly reduce their energy bills, leading to substantial long-term savings. Furthermore, solar panels offer a hedge against future energy price volatility, providing a more predictable and stable energy expense.

Beyond cost savings, investing in solar energy can enhance a company’s reputation by demonstrating a commitment to sustainability and reducing its carbon footprint. This can attract environmentally conscious customers and clients, and even improve employee morale by fostering a sense of corporate responsibility. Additionally, businesses and other non-domestic building owners can take advantage of various tax incentives and grants available for renewable energy projects, further offsetting the initial investment.

Overall, solar panels represent a forward-thinking investment for businesses and others aiming to cut costs, secure energy independence, and promote environmental stewardship.

Permitted Development Overview

Permitted Development Rights (PDR) are crucial for streamlining the installation of renewable energy systems on non-domestic premises. A Lawful Development Certificate (LDC) is essential in verifying that a proposed use or development is lawful under PDR. This blog focuses on the application of LDC to solar installations on non-domestic properties.

Permitted development rights allow certain changes to be made to a property without needing planning permission. However, these rights are subject to specific limitations, particularly in designated areas like national parks and Areas of Outstanding Natural Beauty (AONB). Additionally, Article 4 Directions or specific conditions may remove these rights, requiring planning permission for changes that would otherwise be permitted.

Solar Installations on Non-Domestic Premises

Class J – Solar Equipment on Non-Domestic Buildings

Class J outlines the criteria for the installation or alteration of solar equipment on buildings that are not used as residences. These installations must comply with specific conditions to qualify as permitted developments:

  • Microgeneration Solar Thermal Equipment: This refers to solar thermal systems with a capacity of less than 50kW, installed on a building to provide heating.
  • Microgeneration Solar Photovoltaic (PV) Equipment: Solar PV systems under 50kW that are installed on a building for electricity generation.
  • Other Solar PV Equipment: Any additional solar PV systems installed on the roof of a building, provided they meet the microgeneration criteria.

Restrictions on Development

Despite the broad allowances, there are specific situations where development under Class J is not permitted:

General Restrictions (J.1)

  • Pitched Roof Protrusion: Solar equipment must not protrude more than 0.2 meters beyond the roof slope.
  • Flat Roof Height: Solar equipment must not be higher than 1 meter above the highest part of a flat roof (excluding chimneys).
  • Proximity to Roof Edge: Solar equipment must not be installed within 1 meter of the roof’s external edge.
  • Article 2(3) Land: On land covered by Article 2(3), solar equipment cannot be installed on a roof slope that fronts a highway.
  • Scheduled Monuments and Listed Buildings: Solar equipment cannot be installed on sites designated as scheduled monuments or on buildings that are listed, or within their curtilage.

Wall Installations (J.2)

  • Protrusion from Walls: Solar equipment must not protrude more than 0.2 meters from the plane of the wall.
  • Proximity to Wall Junctions: Solar equipment must not be installed within 1 meter of a junction with another wall or the roof.
  • Article 2(3) Land: On Article 2(3) land, solar equipment cannot be installed on walls that front a highway.

Capacity Limits (J.3)

  • Generation Capacity: The total capacity of solar PV equipment installed on a building must not exceed 1 megawatt.

Conditions for Permitted Development

To comply with Class J, certain conditions must be met:

General Conditions (J.4(1))

  • Minimising Visual Impact: Solar equipment must be sited to minimise its effect on the external appearance of the building and the surrounding area.
  • Removal When Redundant: Solar equipment must be removed as soon as reasonably practicable when no longer needed.

Class K – Stand-Alone Solar Equipment

Class K permits the installation or alteration of stand-alone solar equipment within the curtilage of a building, excluding dwelling houses or blocks of flats. Unlike the above, Class K does not require a prior approval application. The conditions for these installations are:

  • Microgeneration Stand-Alone Solar Equipment Solar installations with a capacity of less than 50kW, which are not attached to a building but are located within the surrounding area of a non-residential property.

The limits of Class K are:

  • You are limited to one installation of stand-alone solar equipment within the commercial curtilage.
  • Any part of the stand-alone solar:
    • Has a maximum of 4 meters in height.
    • Cannot be within 5 meters of the site boundary
    • Cannot be installed on Article 2(3) land (curtilage of commercial buildings in conservation areas, designated landscapes, etc.) closer to a highway than the nearest part of the building.
      • Prior approval is required in these situations
    • Cannot be within the curtilage of a listed building or a scheduled monument.
  • The surface area of solar panels is limited to a maximum of 9 square meters and all dimensions cannot exceed 3 meters.

Compliance and Certification

Obtaining an LDC for these installations ensures that the development is recognised as lawful and complies with the PDR guidelines. This certification process not only provides legal security but also facilitates smoother project planning and implementation.

Steps to Apply for Planning Permission

If you need to install solar panels on a listed building or within the curtilage of a listed building or designated landscape, follow these steps to apply for planning permission:

  • Consult Your Local Planning Authority (LPA): Contact your LPA to discuss your plans and get advice on the application process.
  • Prepare Your Application: Include detailed drawings and descriptions of the proposed solar panels, including materials, height, layout, elevations, and location.
  • Submit Your Application: Submit your application through the Planning Portal or directly to your LPA.
  • Await Decision: The LPA will review your application, which may include a public consultation period. This process typically takes 8 weeks.
  • Compliance: If approved, ensure your solar panels are installed according to the approved plans. If denied, you can modify your plans and reapply or appeal the decision.

Check out our article How To Apply For Planning Permission for more detailed guidance.

Understanding the specifics of Class J and Class K under Permitted Development Rights is essential for any non-domestic property owner looking to invest in solar energy. By adhering to these guidelines, businesses can ensure compliance with Permitted Development Rights while optimising their solar installations for sustainability and efficiency.

Related Content

More information for you is available in our series of eBooks and Practical Guides which cover everything from the very basics of town planning to application processes and what developers need to consider.

You might also find the following articles helpful:

If you’re not sure if you need help from a Town Planner take a look at blog on When to Hire a Town Planner our download a Guide on How to Choose a Town Planner.

Non-Domestic Solar Installations - planning advice