The Town and Country Planning (General Permitted Development) (England) Order 2015

Class K – installation or alteration etc of stand-alone solar equipment on non-domestic premisesE+W

Permitted developmentE+W

K.  The installation, alteration or replacement of stand-alone solar for microgeneration within the curtilage of a building other than a dwellinghouse or a block of flats.

Development not permittedE+W

K.1  Development is not permitted by Class K if—

(a)in the case of the installation of stand-alone solar, the development would result in the presence within the curtilage of more than 1 stand-alone solar;

(b)any part of the stand-alone solar—

(i)would exceed 4 metres in height [F1or, in the case of stand-alone solar installed on article 2(3) land so that it is nearer to any highway which bounds the curtilage than the part of the building which is nearest to that highway, 2 metres in height];

F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)would be installed within 5 metres of the boundary of the curtilage;

(iv)would be installed within the curtilage of a listed building; or

(v)would be installed on a site designated as a scheduled monument; or

(c)the surface area of the solar panels forming part of the stand-alone solar would exceed 9 square metres or any dimension of its array (including any housing) would exceed 3 metres.

Textual Amendments

ConditionsE+W

K.2  Development is permitted by Class K subject to the following conditions—

(a)the stand-alone solar must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; F3...

[F4(aa) in the case of stand-alone solar installed on article 2(3) land nearer to any highway which bounds the curtilage than the part of the building which is nearest to that highway, before beginning development the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required with respect to the impact of the appearance of the stand-alone solar on that land;

(ab) in relation to an application under sub-paragraph (aa), paragraphs J.4(3) to J.4(12) of this Part apply as if “Class K” substitutes the reference to “Class J” in paragraph J.4(4); and]

(b)the stand-alone solar is removed as soon as reasonably practicable when no longer needed.

Textual Amendments