A planning guide to microgeneration in commercial buildings in England

What is the planning landscape like in respect of Microgeneration in England? 

In terms of planning policy , the recent amendments to the National Planning Policy Framework, or “NPPF”, reflected the government’s views on onshore wind development. The changes also strengthened paragraphs relating to renewable energy more generally, requiring local planning authorities to "give significant weight to the benefits associated with renewable and low carbon energy generation" and to a planning application's "contribution to a net zero future". The NPPF already recognised that “small-scale…projects provide a valuable contribution to cutting greenhouse gas emissions”. 

This all sets the context for how microgeneration is likely to be perceived in a positive light by both local planning authorities and national government. 

Is planning permission required? 

There are various permitted development rights which allow specified microgeneration equipment to be installed on or near commercial buildings, in certain circumstances, without the need for express planning permission. For example, stand-alone solar equipment for microgeneration can be installed in the curtilage of a non-domestic building, as long as it meets certain criteria relating to size and placement. There are also permitted development rights to install solar canopies in off-street parking areas, again subject to certain criteria. This includes making sure that any water can run-off if the canopy is above a permeable surface. There are similar permitted development rights for microgeneration solar thermal equipment on buildings, ground source heat pumps, and microgeneration water source heat pumps, to name a few. 

However, it is worth bearing in mind that before installing some equipment pursuant to permitted development rights, developers may be required to apply to the local planning authority to determine whether prior approval is necessary in terms of the design or external appearance of the equipment. Please do get in touch with a member of the planning team if you are unsure whether these requirements apply to your proposed development. 

Are there any other important considerations? 

The permitted development rights noted above do not apply if the building to which the equipment is to be added is listed or if the equipment will be within the curtilage of a listed building, nor will they apply if the equipment is to be installed on a site designated as a scheduled monument. The rights also do not apply if the proposed equipment is not one of those microgeneration methods set out in the General Permitted Development Order or if they do not meet the various criteria, or if permitted developments rights have been disapplied by way of Article 4 direction. In these instances, express planning permission must be applied for. 

It is worth considering early on whether the form of microgeneration proposed fits within the parameters of permitted development as securing planning permission is likely to take more time. It may also be useful to consider how microgeneration might fit in with the other requirements of a particular site. For example, solar panels could be installed as part of roof gardens (which may have been planted to meet biodiversity net gain requirements) or above car parking (the creation of which may have been linked to a condition of a planning permission). 

If you would like to discuss any aspect of microgeneration in relation to your proposed development we would be delighted to advise you further. We have also developed client toolkits in key areas such as solar and EV and can advise on how these can be adapted for your business needs. 

Authored by Rosie Shields.