Rooftop Solar Panel Opportunities – Planning Implications
Potential Opportunities
Installation of solar panels in sufficient quantities to produce substantial amounts of power currently presents difficulties. This is particularly so at ground level where available land is at a premium. There is, however, significant potential in utilising commercial and industrial rooftops for this purpose given that in 2022 the UK Warehousing Association estimated that the largest warehouses sited around the UK could together provide up to 75 million sqm of roof space for solar panel installation.
Despite the undoubted opportunities available in this regard, it is further estimated that less than 5% of UK’s commercial and industrial rooftops have had solar panelling installed to date.
Could the current planning framework be a factor in contributing towards such under-utilisation?
Planning Framework
With the aim of facilitating solar panel installation, The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2023 brought most rooftop solar projects into the General Permitted Development regime hence not requiring planning permission. Such equipment placed on the roofs of non-domestic premises as a result fell under permitted development within Schedule 2 Part 14, Class J(c) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the “2015 Order”).
That being the case, it would be understandable for those who wished to instal solar panelling on warehouse rooftops to presume they could proceed without the local planning authority (the “LPA”) having to be involved.
The 2015 Order, however, imposes the following condition:
Class J(c) development is permitted subject to the condition that before beginning the development the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the design or external appearance of the development, in particular the impact of glare on occupiers of neighbouring land……
The LPA can request information as it may reasonably require in order to determine such application and having received the information may refuse the application if it concludes the proposal does not comply with any conditions, limitations or restrictions specified in Class J. The application may also be refused where it is considered that the developer has provided insufficient information to enable the LPA to establish whether the proposed development complies with those same conditions, limitations or restrictions.
Furthermore, even where prior approval is given, the development must be carried out in accordance with the details approved by the LPA and/or subject to any conditions reasonably related to the subject matter of the prior approval.
It should be noted that this “Prior Approval” procedure applies to a number of other types of prospective development which are stated to be “Permitted Development” under the 2015 Order examples being home extensions with dimensions above specified parameters, changes of use from office to residential and installation of electronic communications apparatus.
In Summary
Turning to the question posed above, it could be argued that some solar panel development on commercial and industrial roofing has been limited by being subject to the “Prior Approval” procedure.
The potential opportunity, however, is so vast as suggested by the statistics that developers should not be discouraged by the need to apply.
In this regard, the Government has indicated that it would be examining the rooftop solar legal framework as part of its decarbonisation and planning reform agenda.
Be that as it may the area is complicated legally and before proceeding expert guidance is recommended.
