The government announced amendments to permitted development rights for solar equipment in England on 30 November 2023, set out in The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 20231. The changes took effect on 21 December 20233. They amend the Town and Country Planning (General Permitted Development) (England) Order 20152.
For domestic premises, solar equipment is now possible on a flat roof, in addition to existing rights for walls and pitched roofs, but is subject to prior approval on article 2(3) land3. On a flat roof the equipment can be no higher than 0.6 metres above the highest part of the roof, excluding the chimney2. Stand-alone solar equipment is now possible in front gardens in conservation areas up to 2 metres in height, subject to prior approval on the impact of its appearance on the character of the conservation area3.
For non-domestic premises, the 1 megawatt electricity generation threshold has been removed, so there is no limit on the electricity generated by rooftop solar equipment on non-domestic buildings3. Solar equipment is now possible on roof slopes fronting highways on article 2(3) land, and in front of buildings up to 2 metres in height on article 2(3) land3. A new permitted development right allows solar canopies in non-domestic off-street car parks at ground level, up to a maximum height of 4 metres, and no closer than 10 metres to the curtilage of a dwellinghouse or block of flats2. Development must be completed within 3 years of prior approval being granted or not required2.
The Planning Portal, which runs the application service, said it updated its existing prior approval application type for non-domestic solar photovoltaic to comply with the updated rules, removing the question limiting applications to a total generating capacity of 1 megawatt and updating the question on designated areas to remove restrictions for roof slopes fronting highways3. It said this was not completed by 21 December 2023 but was implemented on 11 January 2024, and that it had produced an initial set of fillable PDF forms for the new prior approval types, with online implementation to follow3.
"All the above are subject to meeting the specific eligibility criteria in the relevant permitted development rights. Otherwise, planning permission will be needed."
The government's consultation on these rights ran from 28 February 2023 to 25 April 2023 and drew 1,052 responses1. The government response states that the existing prior approval continues to apply for installations above 50 kilowatts1.
Why it matters for households
The changes widen the routes by which a home can add solar generation without a full planning application, most directly for flat roofs, which previously fell outside the domestic right3. For homes in conservation areas, stand-alone equipment in a front garden up to 2 metres is now covered, though the local authority must approve its appearance first3. Where a home sits on article 2(3) land, which includes conservation areas, National Parks and World Heritage sites, prior approval remains part of the process2. The rules interact with other consents: building work still engages building regulations in England, and local Article 4 directions can withdraw permitted development in specific areas. The detail of what is allowed on a pitched roof, including how far panels may protrude, is set out in the guidance on solar panel roof protrusion, and the wider framework sits under permitted development rights for home energy equipment.
What happens next
The Planning Portal said it would subsequently look to implement the new prior approval forms on its online application service3. Separately, a review of barriers to adapting historic homes, reported in January 2024, was followed by a commitment that a consultation will follow on the role of Local Listed Building Consent Orders and the potential for an order granting consent for certain upgrades across the whole of England4. No date for that consultation has been reported.
Sources4 cited
- Government response to the consultation on permitted development rights: supporting temporary recreational campsites, renewable energy and film-making - GOV.UK, gov.uk
- The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2023, legislation.gov.uk
- Updates in December to permitted development rights for solar panels | Planning Portal Blog, blog.planningportal.co.uk
- Plan to ease solar installations on historic homes welcomed • Solar Energy UK, solarenergyuk.org