My local council asks people to submit plans to a pre-planning approvals process, I assume to help the planning go through more smoothly. I submitted a request for solar panels on both east and west facing roofs and was told to reduce the number of panels on one of the roofs as it could be seen from the public highway. We live in a conservation area.

I did this and submitted the plans (2kw on one roof, 1 kw on the other). They emailed me and said I needed to add some extra details before they could submit for approvals. I updated the documents as they asked and then at the last minute I decided 'blow it' and I changed to my original idea of having 2kw on each roof and submitted the details.

I'm wondering now if that was a wise move. Does anyone have experience of the planning process for solar panels? If you go against their advice, are you doomed to failure?

I have had listed building advice from the same council in the past but gone against it and had no problems getting approvals. Often their 'advice' is aesthetic and is more about the personal taste of the planner than strict planning laws. I was worried that this was the case again with the panels and that they would have been approved regardless and so I would have missed out on 1kw of generation for nothing.

If they refuse permission, does anyone know the appeals process? Do you have to start again from scratch or can I just resubmit with the 1kw array and have it passed?

If your application has to go to committee you might be able to see the Planning Officers recommendation a few days before the committee meeting makes the decision. So you could wait and see what that report says, then either cross your fingers or ask for the application to be put on hold while you change it. Bear in mind meetings are only held every 4 weeks so missing one might mean a >4 week delay. When do the FIT rules change? End of Jan or Feb?

They would both be householder applications with the same red line Location Plan so it may be that you only have to pay half the fee for the second application - not 100% sure on this, fees are not my speciality.

*Deleted*

My Council planning department (Lewisham) is very over loaded. Documents take ages to be validated and appear on their website. However, they do back date the docuemnts once they are uploaded (assuming no issues) to the application date so you don't lose any time. However, this does rely on them not finding any issues in the validation process which can cause delays.

I've had conversations with planners about installing street facing panels on my self build which is in a conservation area. They can't sop me, but can make me jump through hoops which unfortunately they are doing as they don't want to promote panels in the conservation area.

I don't think it is an excessive request for scale drawings of the building that the panels are to go on, one set as existing and one as proposed (with the panels on). This would be to show what the proposal will look like.
I was not aware that it was a listed building, it's quite unusual for them to even entertain PV on the roof of a listed building - I have however known ground-mounted be allowed in the garden.

Lead times are obviously very tight now with the building trade effectively shutting down for two weeks over Christmas but on my self build I am doing:
- Solar panels going on the rear roof slope today
- The solar panels which I intend to put on the front will be sited on racks in the garden
- The panels in the garden will be moved onto the front roof slope at a later date. (I anticipate doing this under permitted development once my house is built. I appreciate you have a greater risk with a listed building.)

Posted By: richardelliot I've had conversations with planners about installing street facing panels on my self build which is in a conservation area. They can't sop me, but can make me jump through hoops which unfortunately they are doing as they don't want to promote panels in the conservation area.

Are you sure they can't stop you? Has the confusion over what is meant by "so far as practicable" changed or been resolved...

http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=8867

Quote:

"You are interpreting the phrase "so far as practicable" in relation to the efficiency of the installation however this term refers to whether or not the panels can be installed in such a way as to minimise the effect on the building/amenity of the area. For example to comply with these conditions we would usually expect the installation of solar panels on a mid-terraced property to be on the rear rather than the principal elevation. Whilst most properties benefit from permitted development rights not all householders are able to utilise them."
"

Good luck!

I know the feeling P.o.S., I've done something similar as an extension to an existing array.

The house is listed but I've put the panels on the roof of a modern detached double garage that was built long after the house was listed. Our house is actually a converted mill which was derelict for many years. The mill was part of a farm and the whole lot was listed at the same time. Years after the listing, someone bought and converted the mill to a house, along with some land around it to form a garden.

When I originally started talking to the LBO, her view was that although the garage is modern, it's in the curtelage of the listed building. After a bit of research, I'm wondering if our house really has a curtelage because it was a commercial property when listed and the land around it formed part of the farm. It's now a garden and fenced off, providing the boundary lines, but it wasn't when the mill was listed.

A bit of grey area that may give me some wriggle-room should it be necessary.

Posted By: Pile-o-Stone

A bit of grey area that may give me some wriggle-room should it be necessary.

Sounds like it is black and white with the LBO.

I'm afraid I don't know the rules, but I do know that they are exceedingly complicated and not deterministic - i.e. it will require a court case to find the answer if it comes down to it. I'm interested in the question and the answer because we built next to a listed building, in its garden, and I'm not sure what my rights are.

The best resource I know is Martin Goodall's Planning Law Blog (or possibly paying for his professional services depending how serious it gets). A search for 'planning law curtilage' (without the quotes) brings up some of the relevant entries on his blog as well as some other interesting links.

e.g. http://planninglawblog.blogspot.co.uk/2012/01/curtilage-confusion-3.html

PoS, AIUI the council are saying that your garage was not in the curtilage when the main building was listed but is now within the curtilage of a listed building so permitted development doesn't apply for adding solar panels to it, so you need planning permission. Buildings within the curtilage of a listed building are excepted from the solar permitted development rules.

Whether you get approval or not will likely stand on whether the panels affect the setting of the listed building which will be a rather subjective assessment. If it is refused you can always appeal but be aware of the time constraints for doing so.

Every building has a curtilege and it's a matter of fact and degree in the circumstances. Whether your garage is within the curtilege of the listed building is impossible to tell without looking at it. If it is though, be aware. You don't want to end up in the magistrates!

If you get a planning enforcement notice your best bet might be to apply for planning permission retrospectively.

It is a criminal offence not to comply with a PCN In he time limit specified in the notice.

FIT payments are irrelevant to the planning merits, I'm afraid. However your application should be dealt with in the same way as if you had applied in advance.