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4.—(1) In Class B, in paragraph B.1 (development not permitted)—
(a)for the words before sub-paragraph (a), substitute—
(1) Development is not permitted by Class B within the curtilage of a block of flats if—”;
(b)in sub-paragraph (b)—
(i)in paragraphs (i) and (ii), omit “dwellinghouse or” in both places those words occur;
(ii)after paragraph (v), omit the “or”;
(c)at the end of sub-paragraph (c), for the “.” substitute “; or”;
(d)after sub-paragraph (c), insert—
“(d)in the case of plug-in solar, any part of the plug-in solar would be installed on a wooden fence, gate, wall or other means of enclosure.”;
(e)after sub-paragraph (d), insert—
(2) Development is not permitted by Class B within the curtilage of a dwellinghouse if—
(a)the height of any part of the stand-alone solar when measured from the surface of the ground would, after the carrying out of the development, exceed the lowest applicable height limit in the table—
| Circumstances where limit applies | Height limit | |
|---|---|---|
| (i) | Any part of the stand-alone solar would be installed— (aa) within 5 metres of the boundary of the curtilage; and (bb) so that it is situated on land forward of a wall forming part of the principal elevation of the dwellinghouse. | 1 metre. |
| (ii) | Any part of the stand-alone solar would be installed within 5 metres of the boundary of the curtilage. | 2 metres. |
| (iii) | Any part of the stand-alone solar would be installed— (aa) on land in a conservation area; and (bb) so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse which is nearest to that highway. | 2 metres. |
| (iv) | In any other case. | 4 metres. |
(b)any part of the stand-alone solar—
(i)would, in the case of land which is a World Heritage Site—
(aa)be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse which is nearest to that highway; or
(bb)be installed within 5 metres of the boundary of the curtilage;
(ii)would be installed within the curtilage of a listed building; or
(iii)would be installed on a site designated as a scheduled monument;
(c)the surface area of the solar panels forming part of the stand-alone solar would exceed 9 square metres; or
(d)in the case of plug-in solar, any part of the plug-in solar would be installed on a wooden fence, gate, wall or other means of enclosure.”;
(2) In Class B, in paragraph B.2, for sub-paragraph (aa), substitute—
“(aa)where either or both of the following criteria are met—
(i)any part of the stand-alone solar would be installed in a conservation area and nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest that highway;
(ii)any part of the stand-alone solar would be installed on article 2(3) land and within 5 metres of the boundary of the curtilage,
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 conservation area or that article 2(3) land, or both, as the case may be;”.
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