Hi
The people who have quoted to install PV on our roof say we don't need planning permission. However the council (Calderdale) says it's a very grey area and we must send them £25,photos and details of the size, make, colour and position of the panels and make an informal enquiry and wait weeks (their words) for them to say if we need planning or not. I only phoned them to check because when we got planning permission it stripped us of our "permitted rights" e.g. adding a conservatory and I wanted to check the PV didn't fall in that category.

Until now I've been very very happy with the council planning and building control departments. Unfortunately the man who approved our plans is off work ill for what could be a long time. Has anyone been told planning IS necessary? It's not in a conservation area or a listed building.

many thanks

Robin

If *all* of your PD rights were extinguished theen you do need PP, unless the LA goes out on a limb and 'lets it through'. As my ex-planner Dad always made clear, PD is an implied PP, not a statement that PP is not required, so if you haven't got the implied one, you need an express one.

Someone did come up with the little loophole that if your PD rights were removed by explicit listing of the Parts that were being removed and this list did not include "Part 40" then your PD rights as regards microgeneration are unaffected.

(I thought that was you Gavin, or it might have been Bruce.)

Check the wording of the conditions. If part 40 not explicitly removed you're good to go (subject to all the other criteria of course).

Posted By: RobinBit includes any improvment or alteration to the building or the roof

that is B (dormers) and C (rooflights)

PV is covered by the new part 40. Google it.

Posted By: RobinBmy council did say they were advising ANYONE who called that they needed to send in the £25 for an informal enquiry. Have others had that experience?

Yes that is normal, if the Council offers that service. It is a waste of money though, it is not a legal document. If you want something in writing you might as well get a Certificate of Lawful Development for £75 (see other posts).

Ted explained it better!
There may still be an "Article 4 direction" for the wider area but you can ask them this over the phone (or email - phone may be quicker, but to get it in writing would be better). If they can't confirm then assume there isn't one.

(lifted from another website:)

Article 4 Directions are issued by the Council in circumstances where specific control over development is required, primarily where the character of an area of acknowledged importance would be threatened. They are therefore more commonly applied to conservation areas.

Such Directions are usually applied over an area rather than an individual property and are registered as a Local Land Charge, so that you will normally be aware of their existence.

You can always check with your Council [the Land Charges dept. should have the information, the Planning dept. may not have it as easily to hand]

The effect of such a Direction is to remove permitted development rights, thereby necessitating a planning application to be made.

Article 4 Directions are not issued without careful consideration, because the Council may be required to pay compensation in circumstances where you cannot obtain planning permission for development which otherwise would be treated as permitted development.

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Article 4 directions should also list the Classes of Permitted Development that are restricted, (e.g part 40 in your case) so unless the direction has been made since 2008 you are also probably okay.

Posted By: RobinB On a general note my council did say they were advising ANYONE who called that they needed to send in the £25 for an informal enquiry. Have others had that experience?

Yes that's common since they were allowed to charge for "pre application advice". Even then the advice they give isn't guaranteed so it's quite possible for them to say you don't need planning permission then turn round later and say you do.

If you want guaranteed advice you can rely on then you have to apply for and pay for a Certificate of lawful development.

I have limited interest as those changes do not apply directly in Wales. From what I have skimmed I expect the usual government double-speak around 'sustainable development' will just be an excuse to do whatever they want.

Whilst it sets out to make developments that are in line with the local plan easier to pass ('Presumption in favour of sustainable development') I wouldn't be surprised to see that the real effect is to make it much more difficult to get anything passed that is not included in the local plan.

The latest consultation document is here: http://www.communities.gov.uk/publications/planningandbuilding/draftframeworkconsultation

Needs Planning Permission according to..

http://www.legislation.gov.uk/uksi/2008/675/article/2/made?view=plain

“PART 40
INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT
Class A
Development not permitted

A1 Development is not permitted by Class A, in the case of solar PV or solar thermal equipment installed on an existing wall or roof of a dwellinghouse or a building within its curtilage if—

(a)the solar PV or solar thermal equipment would protrude more than 200 millimetres beyond the plane of the wall or the roof slope when measured from the perpendicular with the external surface of the wall or roof slope;.

dJh, I did suggestt that for one job but the expense outweighs the benefit, much cheaper to pay the planning tax.
C Watters. We work to that although the clients try to put all sorts of spin to work it in, further into the doc is a section about the array not being seen from the road but that has nothing to do with it!
Oh well, got to keep the council in work I s'pose!