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Scotland

New permitted development classes introduced for domestic solar, wind and windows in Scotland

Scotland has replaced its permitted development class for domestic wind turbines and added new classes covering solar panels, solar thermal and window alterations, in force from 24 May 2024.

A newspaper on a kitchen table beside a model of rules and regulation

The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024 came into force on 24 May 2024, replacing the existing class 6G and introducing new classes 6HA, 6HB and 6HC for domestic microgeneration, plus class 7A for window alteration or replacement1. The Scottish Ministers made the Order under sections 30, 31 and 275 of the Town and Country Planning (Scotland) Act 1997; it was made on 26 March 2024 and laid before the Scottish Parliament1.

"Article 6 amends the 1992 Order to replace the existing class 6G and to introduce new classes 6HA, 6HB and 6HC and makes consequential changes to the interpretation section of Part 1A."
The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 20241

Class 6HA covers the installation, alteration or replacement of solar PV or solar thermal equipment on a dwelling. It is not permitted if the equipment would protrude more than 1 metre from the outer surface of an external wall, roof plane, roof ridge or chimney, or where the dwelling is in a conservation area and the equipment would sit on the principal elevation or a side elevation fronting a road, or where the dwelling is a listed building, within the curtilage of a listed building, or within a World Heritage Site1. Class 6HB covers the same equipment on a building within the curtilage of a dwelling, with a 500 millimetre protrusion limit and no permission where the building is in the front curtilage1. Both classes require equipment no longer needed for, or capable of, generating electricity or heat to be removed as soon as reasonably practicable1.

For wind, class 6G now permits one free standing turbine per curtilage, subject to a blade tip height of no more than 15 metres, a lowest blade tip at least 5 metres above ground, and a distance of at least 110 per cent of blade tip height from the curtilage of another dwelling. It is excluded in conservation areas, the curtilage of a listed building, World Heritage Sites, sites of special scientific interest and sites of archaeological interest1. Developers must apply to the planning authority for a determination on whether prior approval is required for siting, design, size and external appearance, and must not begin before written notice that approval is not required, the expiry of 28 days without a determination, or the granting of approval1. Class 6HC covers a wind turbine on a detached dwellinghouse, with limits including a swept area of no more than 4 square metres and no part protruding more than 3 metres above the highest part of the roof1.

ClassCoversKey limits
6HASolar PV or solar thermal on a dwelling1 m maximum protrusion; exclusions in conservation areas, listed buildings, World Heritage Sites
6HBSolar PV or solar thermal on a building in a dwelling's curtilage500 mm maximum protrusion; not in front curtilage
6GFree standing wind turbineOne per curtilage; 15 m maximum blade tip height; prior approval route
6HCWind turbine on a detached dwellinghouse4 sq m maximum swept area; 3 m maximum above roof

The Order also amends Part 2I of schedule 1 to replace class 9M on permitted development rights for solar canopies and related battery storage equipment1. The amendments do not apply to development begun before 24 May 20241.

Why it matters for households

Permitted development rights allow certain home energy equipment to be installed without a full planning application, so the classes set out here determine how much of a solar panel or turbine installation a householder can carry out without seeking consent. The separate treatment of dwellings, buildings in curtilage and flats means the route depends on the property type, and the exclusions for conservation areas, listed buildings and World Heritage Sites mean some homes remain outside these rights. The prior approval step for free standing turbines adds a procedural stage before work can start, and the removal conditions mean equipment that stops working must be taken down. Households in Scotland considering wind turbines or flat roof solar sit within this framework.

What happens next

The Order came into force on 24 May 2024 and applies to development begun on or after that date1. No further dated steps are set out in the Order.

Sources1 cited
  1. The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2024, legislation.gov.uk