Amended permitted development rights for solar panels in England took effect on 21 December 2023, following an announcement on 30 November 20231. The changes widen the scope for solar installations on buildings, or in the curtilage of a building, without needing full or householder planning permission1.
For domestic installations, solar panels are now possible on a flat roof, in addition to existing rights for walls and pitched roofs, but are subject to prior approval on Article 2(3) land1. They are also possible in front gardens in conservation areas up to 2m in height, subject to prior approval1. The Planning Portal describes the position as follows:
"The government's latest amendments to permitted development rights in England see more scope for solar panel installations on buildings (or in the curtilage of a building) without needing full or householder planning permission."
For non-domestic installations, subject to prior approval, capacity is now allowed to exceed 1 megawatt, where this was previously the total limit1. Installations are also possible on roof slopes fronting highways on Article 2(3) land, and in front of buildings up to 2m in height on Article 2(3) land1. New rights allow solar canopies to be installed on non-domestic off-street parking1. All of these remain subject to meeting the specific eligibility criteria in the relevant permitted development rights; otherwise planning permission is needed1.
| Change | Applies to | Condition |
|---|---|---|
| Flat roof installation | Domestic | Prior approval on Article 2(3) land |
| Front gardens in conservation areas up to 2m | Domestic | Prior approval |
| Capacity above 1 megawatt | Non-domestic | Prior approval |
| Roof slopes fronting highways | Non-domestic | Prior approval on Article 2(3) land |
| In front of buildings up to 2m | Non-domestic | Prior approval on Article 2(3) land |
| Solar canopies on off-street parking | Non-domestic | New right |
The Planning Portal updated its existing prior approval application type for non-domestic solar photovoltaic to comply with the updated rules, removing the question that limited applications to a total generating capacity of 1 megawatt and updating the question on designated areas to remove restrictions for roof slopes fronting highways1. That work was not completed by 21 December 2023 but was implemented on 11 January 20241. Before that, users were advised to answer "No" to those questions so applications could proceed, and to add a covering letter so the local authority was aware of the workaround1. The portal also produced an initial set of fillable PDF forms for the new prior approval application types, with implementation on the online application service to follow1.
Why it matters for households
The changes affect what a householder in England can install without a full planning application. A flat roof installation is now within permitted development, which matters for homes where a pitched roof is unsuitable or where the roof faces away from the sun. The new right for panels in front gardens in conservation areas up to 2m in height extends what is possible where conservation area status previously restricted front-of-house installations, though prior approval applies1.
Where a property sits on Article 2(3) land, which includes conservation areas and other designated land, prior approval is required for the new flat roof right1. Prior approval is a lighter process than a full planning application, but it is still a step that must be completed before work starts. Homes covered by an Article 4 direction that withdraws permitted development rights are not covered by these changes, and separate rules apply to listed buildings1.
The changes do not alter building regulations requirements, which apply to the electrical and structural work regardless of whether planning permission is needed. The Planning Portal notes that all the new rights are subject to meeting specific eligibility criteria, and that planning permission will be needed otherwise1.
What happens next
The Planning Portal implemented the update to its existing non-domestic prior approval application type on 11 January 2024, having not completed it by 21 December 20231. It said it had produced an initial set of fillable PDF forms for the new prior approval application types and would subsequently look to implement them on the online application service1. No further dates for that implementation have been reported.
Sources1 cited
- Updates in December to permitted development rights for solar panels | Planning Portal Blog, blog.planningportal.co.uk