The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2023 (S.I. 2023/1279) came into force on 21 December 2023, amending Class A of Part 14 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 20151. Class A covers the installation, alteration or replacement of microgeneration solar PV or solar thermal equipment on a dwellinghouse, a block of flats, or a building within the curtilage of either1.
The 2023 Order made four changes to Class A. It inserted references to pitched roof slopes in paragraph A.1(a), so that the 0.2 metre protrusion limit applies to the roof slope as well as the wall1. It inserted words in paragraph A.1(b) specifying that the restriction on solar equipment being higher than the highest part of the roof applies in the case of a pitched roof1. It inserted a new paragraph A.1(ba), setting a flat roof height limit of 0.6 metres above the highest part of the roof for blocks of flats1. And it omitted a word in paragraph A.2(b)1.
The Order also inserted new paragraphs A.2(ba) and A.2(bb), requiring prior approval for flat roof solar on article 2(3) land. The condition states:
"in the case of solar PV or solar thermal equipment installed on a flat roof located on article 2(3) land, 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 solar PV or solar thermal equipment on that land"
The 2023 Order also inserted Class OA into Part 142. Class OA covers the installation, alteration or replacement of a microgeneration ground source heat pump within the curtilage of a building other than a dwellinghouse or a block of flats2. Conditions include that the total area of excavation must not exceed 0.5 hectares, that the development must not result in more than one ground source heat pump within the curtilage, and that a pump is removed as soon as reasonably practicable when no longer needed and the land restored2.
The amendments sit within the permitted development rights framework for home energy equipment. The 0.2 metre protrusion limit for pitched roofs is explained in the guide to how far solar panels can protrude from a pitched roof without planning permission. Where a local authority has made an Article 4 direction, permitted development rights may be withdrawn. Installation work remains subject to the Building Regulations in England.
Why it matters for households
Class A permitted development rights allow certain solar installations without a full planning application. The 2023 amendments clarify how the rules apply to pitched and flat roofs, which affects whether a proposed installation falls within permitted development or requires planning permission. For flat roofs on article 2(3) land, the prior approval requirement means a householder must apply to the local planning authority before beginning work. Article 2(3) land includes conservation areas, areas of outstanding natural beauty, national parks and the Broads, among other designations. The changes do not alter the fundamental position that solar equipment on a listed building, or within the curtilage of one, is not permitted development under Class A1.
What happens next
The amendments came into force on 21 December 2023. Later instruments have since amended Part 14 further: the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2025 (S.I. 2025/560) substituted words in Class G paragraph G.2(a) and in paragraph P on 29 May 20253; the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2026 (S.I. 2026/313) omitted words in Class J paragraph J.4(8)(b) on 9 April 20262; and the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2026 (S.I. 2026/896) substituted and inserted provisions in Class A on 27 August 20261.
Sources4 cited
- The Town and Country Planning (General Permitted Development) (England) Order 2015, legislation.gov.uk
- [](https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/14/data.xht), legislation.gov.uk
- [](https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/14/data.xml), legislation.gov.uk
- The Town and Country Planning (General Permitted Development) (England) Order 2015, legislation.gov.uk
