conservation village

[mogga]

have any of the PV guys got advice on conservation villages re getting panels mum n dad live in a conservation village ( even had to get planning for a boundary wall ) which was 2mtrs inside their boundary

they were thinking about PV but didnt want to get one of ther "sALES" people who say Yes you can Yes thats not a problem ect ect Only to end up with mr bowler hat fea the council round knockin on their door

 

[JulianC]

I'd advise them to contact their local council's planning office as a first port of call.

 

[methley]

I recently went through this process. Conservation area with no permitted development rights. Planning went through with no problem. Took around 7 weeks end to end.

 

[BruceB]

Solar PV in a conservation area still comes under permitted development unless there is an Article 4 direction in place or an individual property's permitted development rights for solar PV have been removed.

Ask the Council by all means, but be prepared to check any reply they give you with the legislation because some have given erroneous advice over the last couple of years. Some councils will be delighted for you to put in a planning application, even though it is unnecessary, because it is income for them.

 

[mogga]

thats my thoughts Bruce the council in questions right hand doesnt know what its doing never mind what the left hand is up 2 Cant even agree why a road shouldnt be gritted ( through road to another district) but the dead end where 2 councilers live gets gritte3d twice nightly
I think they will probably leave it till the FIT stuff is sorted then ask the question but as you say the advice councils have been given and are handing out could be wrong its a pantomime

 

[Earthstore]

The stipulation by my council re solar panels mounted on a roof in a conservation area are: If the panels can not be seen from the main highway then they can be installed under your permitted rights.
We are never sure what defines a main highway though.
Whatever advice they give you, make sure you get it confirmed in writing.
Hope this helps.

 

[BruceB]

As you have described it, that advice is wrong and unlawful Earthstore (assuming you are in England). That is exactly why you need to be prepared to read the legislation when Councils behave like that.

 

[Earthstore]

Really, and how do you think that is unlawful then?

 

[Green]

Are they charging you to provide you with written go-ahead?

 

[steve Leese]

If you ring your local conservation officer at the council ( which we have to do all the time in the snowdonia national park ) he will give you all the information you need, and it`s free, it`s his sole job and he his very knowledgable and can usualy give you firm answer there and then without going to planning at all.

 

[Earthstore]

No, If you do not need permission for whatever reason, IE permitted rights,
and the council tell you this over the phone or by email, you just ask them to confirm this in writing or by email.
That is not unlawful, it is just covering one's arse in case some dimwit from planning comes back in 6 months and tells you otherwise.
Hope this helps.

 

[Green]

No harm in checking with them - there was a problem where the councils were trying to charge people for permission that they already had (as a permitted development).

Sounds like they're being helpful for you though.

 

[Earthstore]

Yes, maybe they are, or maybe I have been lucky that the right person has answered the phone.
Just to clarify, I live in the Cotswolds, so we have it all here, ANOB, conservation areas and many listed buildings (nightmare).

 

[BruceB]

Really, and how do you think that is unlawful then?

Because under the Town and Country planning act (and others) Councils have powers to control development. However The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2011 published as SI 2011/2056 gives people specific permitted development rights for PV. If the Council are advising that you do not have those rights or act to prevent you exercising those rights then they are acting ultra vires and unlawfully.

The fact that you might be in the Cotswold AONB is not directly relevant to your permitted development rights under the legislation. The AONB issues only come into play if you have to go for planning permission.

Regards
Bruce

 

[Del Boy]

Hi,

As far as I'm aware, if it's listed, you need planning permission. If you are in a conservation area, it's ok as long as it's not visible from the highway (which for all means and purposes is any road owned by the council). This is why alot of houses have single glazed fronts and double glazed backs.

Here's a link to the planning website

Planning Portal - Solar Panels

Unfortunately, the councils can interpret the law differently and this has led to many legal cases. If they say no, then this overrides anything you have read by people (including me!) posting on here! Although you could contest it at court pre or post install. There have been cases where a planning inspector has overriden the councils, but you can't guarantee any outcome in court.

If I was you, I'd check with the council and cover yourself. Last thing you want is to have to take them down at a later date when someone complains. If they say yes then happy days, if not then you can bring up the legislation and see what their take (rightly or wrongly) on it is.

Cheers,

Del Boy

 

[TedM]

The Permitted Development rules were changed for conservation areas. Originally the legislation excluded solar panels on roofs and walls that were visible from a highway. But this was later changed (1st October 2008 in England) so that only panels on walls were disallowed.

Many councils have not got up-to-date on this change and continue to give out the wrong advice.

If you are in a conservation area then you can install panels on a roof even if it is visible from a highway. Of course, all the other conditions that apply have to be complied with - 200mm, max height, etc. and assuming that PD rights have not been removed altogether.

In terms of getting written clarification from a council the only thing that would have any standing would be a Certificate of Lawful Use or Development. Anything else will contain provisos that make it of no value. (This happens to be something that irks me greatly.) See Planning Portal - Lawful Development Certificate for more detail.

 

[Del Boy]

Ah good point. It clearly says wall mounted in bold in that link I attached!

Well now I know!

 

[solarcat]

They will need to speak with the local conservation officer who will advise on the planning application procedure.

You might need to help them suggest how to minimise the visual impact of the PV: could integrate the modules into the roof so that they don't stick out too much, could use black modules or even solar tiles.