Does anyone know how the boundary is defined for permitted development purposes with free standing arrays on domestic properties?

I know they can only be installed 5m or more from the boundary, but I'm not clear if this means the boundary with the road, or all boundaries including those with their neighbours gardens etc.

I'm looking at an additional 1kW array for a customer, so it'd be below the 9m2 limit.

the wording is below, I'm just not clear what the boundary actually refers to, so would appreciate a second opinion or 2 about part (iii)



B.1. Development is not permitted by Class B if—


(a)it would result in the presence within the curtilage of more than one stand alone solar; or
(b)any part of the stand alone solar—
(i)would exceed four metres in height above ground level;
(ii)would, in the case of land within a conservation area or which is a World Heritage Site, be situated within any part of the curtilage of the dwellinghouse and would be visible from the highway;
(iii)would be situated within five metres of the boundary of the curtilage;
(iv)would be situated within the curtilage of a listed building; or
(c)the surface area of the solar panels forming part of the stand alone solar would exceed nine square metres or any dimension of its array (including any housing) would exceed three metres.

So if any part of the property is outside the curtilage no restrictions apply, as long as more than 5 metres away?

That's what I was wondering...

Now I know how some of the property can be outside the "historic" curtilage for conservation purposes, a distinction that became important for my relative installing PV at her (listed) farm, since there were parts of the yard outside that historic curtilage but within the current curtilage for planning purposes...

Rgds

Damon

in this instance it's a standard semi with back garden sized so that nowhere in the garden is more than 5m from their neighbours garden on one side or the other, so it's really just the definition of the boundary that I'm querying.

I think I know the answer, but just wanted to double check in case I'm missing something.

Stupid rule anyway. What are they afraid is going to happen?

Curtilage might be different from boundary where you have a farmhouse, for example, where the owner's land extends a great distance from the house itself but where that land isn't considered domestically attached to the house. But for a normal domestic property curtilage and boundary will invariably be the same.

Posted By: tedBut for a normal domestic property curtilage and boundary will invariably be the same.

What Ted said.

I recently asked DCLG press office what they meant by 1m from the edge of the roof (for permitted development for non-domestic solar) and this is the really helpful reply:
"Some degree of interpretation as to how legislation applies in practice on a case-by-case basis is inevitable as national legislation cannot account for every scenario. It is therefore in the first instance for local councils to determine how this limitation applies in practice."

Posted By: YouGen-CathyIt is therefore in the first instance for local councils to determine how this limitation applies in practice

Simple then, ask the local council for their interpretation, I suspect that it will be something similar to:
"Some degree of interpretation as to how legislation applies in practice on a case-by-case basis is inevitable as national legislation cannot account for every scenario."

Riemann had something to say about that

It is a trivial non-zero, just like planning officers.

But does mean you can have equilateral triangles with 90° angles in each corner.

There is a website that sells Klein beer bottle openers. Must try and find it again.

http://www.bathsheba.com/math/klein/klein_x1.html

Quite beautiful if rather expensive.

Posted By: YouGen-CathyI recently asked DCLG press office what they meant by 1m from the edge of the roof (for permitted development for non-domestic solar) and this is the really helpful reply:
"Some degree of interpretation as to how legislation applies in practice on a case-by-case basis is inevitable as national legislation cannot account for every scenario. It is therefore in the first instance for local councils to determine how this limitation applies in practice."

And people sometimes wonder why we might not seek guidance from government departments when something's not entirely clear.



the translation of that is roughly

ner ner ner ner ner I'm not going to tell you, we'll just figure it out when some local council decides to take some poor sod to court and set a precedent that we can then point to as being what the law means.