Solar Panels are not as straight forward as they appear

The installation of solar panels on roofs is a growing market. Anyone who attended the recent Ecobuild exhibition at London's Excel Centre and saw the number of solar exhibitions there will be in no doubt about that. However, solar renewables are a relatively new market in the UK, and the real scope of the application of planning regulations to the installation of solar systems is not fully established.

Both roof and ground based schemes are affected in many respects by the same points of planning law. Any large commercial solar scheme requires planning permission.

Solar installations which may fall outside the planning system include domestic-scale roof based schemes. These may, in certain circumstances, benefit from permitted development rights under the amended general permitted development order 1995.

The problems facing many people waiting to install roof based systems is that, in reality, many local authorities are themselves unsure about the extent to which planning permission will be required. Householders, anxious for the very sensible reasons to avoid running afoul of any legal issues, are often therefore seeking written approval for their plans from local authority planning offices. In many cases the resulting exchange of correspondence ends up in planning applications being submitted even for the smallest schemes. Not all of these are successful, and it can often be wise to seek professional help with an application. Applicants who do seek professional help should seek certainly about costs through agreeing fixed fees for at least the early stages of any application.

Overall the planning system is geared favourably towards renewable energy schemes, but there still exists various means by which a planning authority can refuse permission.

Any scheme which is the subject of a planning application will be considered in the context of: (i) the policies of the council's development plan: (ii) Government planning policy guidance and advice: and (iii) what are euphemistically termed other "material considerations"

Policies within development plans form the cornerstone of the planning process. Section 38 (6) of the planning and compulsory purchase act 2004 provides that any planning decision "must be made in accordance with the plans unless material considerations indicate otherwise".

Planning permission is a slippery slope, and once an application is made it can take time and patience to reach the end result. However in the back of your mind, do not forget that in the long run you are investing in solar panels that will cut your energy bills, earn you money and last up to 50 years. The dedication is worth it.