SCHEDULE 2Permitted development rights
PART 14Renewable energy
Class N – installation etc of flue for biomass heating system on non-domestic premises
Permitted developmentN
The installation, alteration or replacement of a flue, forming part of a microgeneration biomass heating system, on a building other than—
a
a dwellinghouse or a block of flats; or
b
a building situated within the curtilage of a dwellinghouse or a block of flats.
Development not permittedN.1
Development is not permitted by Class N if—
a
the capacity of the system that the flue would serve exceeds 45 kilowatts thermal;
b
the height of the flue would exceed either—
i
the highest part of the roof by 1 metre or more, or
ii
the height of an existing flue which is being replaced,
whichever is the highest;
c
the installation of the flue would result in the installation on the same building of more than 1 flue forming part of either a biomass heating system or a combined heat and power system;
d
the flue would be installed on a listed building, within the curtilage of a listed building or on a site designated as a scheduled monument; or
e
in the case of a building on article 2(3) land, the flue would be installed on a wall or roof slope which fronts a highway.