Householder Renewable Energy Developments

Do they need Planning Permission?

Active Solar Technology

Active solar technology can be divided into two categories: Photovoltaic (PV) and Solar Water Heating (SWH). The technologies appear to be similar, in that they both use roof mounted equipment to collect radiation from the sun and convert it to a useful form of energy, but they produce two different things: electricity in the case of PV and hot water in the case of Solar Water Heating.

The Government’s view on whether such installations need planning permission is set out in “Planning for Renewable Energy A Companion Guide to PPS22”, published in 2004. In summary, PV and SWH will normally be regarded as “permitted development” and deemed not to require planning permission except where:

• They are of an unusual design.
• Your property is a Listed Building.
• Your property is within a Conservation Area.
• Permitted development rights have been withdrawn (either by planning condition or by an Article 4 Direction). And;
• You live in a flat or maisonette

Wind turbines

Planning permission is more likely to be required for this sort of proposal. Factors that will determine whether or not you will need planning permission include:

• If any part would project above the highest part of the roof of the original dwelling.
• If any part is located closer to a highway than the original dwelling, and located within 20 metres of that highway.
• If any part would exceed 3m in height when it would be freestanding.
• If any part would exceed 3m in height when attached to any outbuilding.
• If it would be erected on (or within the curtilage of) a Listed Building.
• If it would be erected on (or within the curtilage of) a property within a Conservation Area.
• Whether permitted development rights have been withdrawn (either by planning condition or by an Article 4 Direction). And;
• If you live in a flat or maisonette.

The Government has acknowledged that amendments to the planning regulations may be needed in relation to domestic wind turbines to increase the potential for these to be permitted development, rather than require planning permission. Should the Government publish any new legislation on this matter details will be published on these pages.

 

Area Planning Group Enquiry Service

The Council strongly recommends that you use its pre-application enquiry service to determine whether your specific proposal would be permitted development or need planning permission. This is because many estates in the borough have had their permitted development rights withdrawn.

By using this service you will receive written confirmation about whether or not your proposal needs planning permission and also advice from Building Control about their requirements. This reply is particularly useful for future transactions relating to the sale or purchase of your property.

The guide to the pre-application advice service advises about this service in more detail. You will need to provide specific details about your proposal, such as size, location of the panels and/or turbine and means of attachment in order that we can reply. This sort of information would be normally provided from your product supplier and/or installer.

 

Building Control advice and the need for Building Regulations Approval

Solar Panels & Photovoltaic panels, slates or tiles

The installation of these products is defined as the provision or extension of a controlled service or fitting and as such Building Regulation approval is required. You will need to provide manufacturer’s details, including fixing details, operational weights, an energy efficiency appraisal and information as to how these devices interact with existing heating or electrical systems. For domestic installations, if a contractor who is registered as a Part P competent person is carrying out the electrical works, then the Local Authority will not control this aspect of the installation.

Depending upon the type and size of the installation, you may also need to provide a loading check by a competent Building Surveyor or Structural Engineer to ensure the structural stability of the existing roof structure is not impaired following the increase in loading. Where the electricity supply is being altered you should also notify your existing electricity supplier about your proposed installation.

Wind Turbines

If this equipment is to be free standing or fixed to a detached garden shed, store, garage, summerhouse or similar structure, Building Regulation approval is not required providing that a contractor who is registered as a Part P competent person is used for the domestic electrical connection. If the wind turbine is to be fixed directly to the dwelling, attached garage or any commercial building, Building Regulation approval will be required. You will need to provide manufacturers product details and specifications, electrical wiring details (except if a Part P competent person is used for domestic installations) and a structural report from a competent Building Surveyor or Structural Engineer. This report must make reference to the condition of the existing external wall and how the wind turbine will be fixed. This is particularly important, as there have been instances where such installations have lead to the partial collapse of the house wall. You must also notify your existing electricity supplier about your proposed installation.

Heat Pumps

This specialised installation involves utilising energy from subsoil pipes to assist with water heating. This is classed as the provision or extension of a controlled service or fitting and Building Regulation approval is required. Full specifications, energy efficiency appraisal, and specialist consultant details will be required along with electrical details (except if a Part P competent person is used).

Building Regulation approval process

Where approval is required, the fast track Building Notice procedure may be adopted. A Building Notice application form, should be completed and returned to Building Control, together with all relevant technical information/specifications and the appropriate submission charge, this can be confirmed by discussion with a member of the Building Control team or accessing the guidance sheet on the Building Control website. We will assess your proposals for compliance with appropriate Building Regulation requirements, inspect the work under construction and issue a completion certificate when the installation is regarded as being satisfactory for Building Regulation purposes.

Protected Species - Bats

All bats and their roosts are protected by UK and European law. The installation of solar panels, photovoltaic panels, wind turbines or other renewable/green technologies has the potential to affect bats and/or their roosts and this must be taken into consideration. In some circumstances, a bat survey may be necessary before a planning application (if required) can be determined.

 

The above information is also available to download.

> Download the Householder renewable energy developments

 

Contact:

Area Planning Group

Tel: 0191 424 7421
Fax: 0191 427 7171
Email: planning.enquiries@southtyneside.gov.uk

 

More contacts:

Building Control

Tel: 0191 424 7436
Fax: 0191 427 7171
Answerphone: 0191 456 6669
Email: buildingcontrol@southtyneside.gov.uk

Countryside Officer

Tel: 0191 424 7423
Fax: 0191 427 7171
Email: StrategicPolicy@southtyneside.gov.uk

Regeneration and Resources
South Tyneside Council
Town Hall & Civic Offices
Westoe Road
South Shields
Tyne & Wear
NE33 2RL

If you know someone who would like this information in a different format, please contact the Communications Unit on 0191 424 7385.