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Introduction
1. The Scottish Ministers are committed to promoting a greater uptake of microgeneration, recognising its potential to provide a sustainable source of low carbon energy and in reducing carbon dioxide emissions from buildings. It forms part of a coherent approach to energy policy, recognising that promoting reduced energy consumption and promoting low carbon technologies are key to achieving sustainable economic growth.
2. In order to encourage the installation of more microgeneration equipment on domestic buildings, this consultation paper is seeking views on the extent to which planning control can be reduced for domestic buildings by making microgeneration equipment 'permitted development' and thus removing the need to apply for planning permission. The proposals seek to strike the right balance between controlling adverse impacts on neighbours and amenity generally, and the wider environmental benefits of CO 2 emission reductions.
3. The types of micro renewable equipment are:
- solar water heating,
- solar electricity (photo-voltaics),
- small wind turbines,
- biomass boilers,
- heat pumps (ground, water and air source),
- combined heat and power systems and
- hydro-electric generators.
The local environmental impacts of the technologies vary and can raise challenging issues. Overall the proposals will make it easier and cheaper to install microgeneration equipment on existing buildings. Planning Advice Note ( PAN) 45 (Annex) Planning for Micro-renewables provides background information about the technologies and best practice advice.
4. At the moment the installation of microgeneration equipment such as solar panels, heat pumps or wind turbines almost always requires householders to apply for planning permission and for this to be specifically granted by the planning authority. The cost and time required are a disincentive. If however the equipment were to be defined as 'permitted development' by amending secondary legislation, permission would be granted as a right provided it met strict criteria. Permission from the owners of a building, including all those who have a shared interest in the building, will also normally be required. Homeowners should however always consider how to save energy, for example by improving insulation or turning down thermostats, before seeking to generate their own energy.
5. Microgeneration technologies continue to develop, improving the efficiency and potentially reducing the cost of the equipment. The benefit of the equipment can be affected by factors such as general location, detailed siting and the energy efficiency of the building. Those considering installation of the equipment should always bear these issues in mind. These issues are unaffected by whether there are permitted development rights. Further technological developments and research results mean that the PD rights have to be kept under review. Further consideration is also being given to microgeneration equipment for non-domestic buildings and this will be the subject of subsequent consultation.
6. Comments are sought on any part of the consultation paper itself including the contents of the Draft Order.
Background to Permitted Development
7. A permitted development ( PD) is one where planning permission is granted as a right and there is no need to apply to the planning authority. A wide range of relatively minor developments are already PD under secondary legislation (The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ( GPDO)). The GPDO sets detailed criteria and conditions for each type of development, and proposals which satisfy them are PD. They are very carefully specified to ensure that negative impacts are avoided or reduced as far as possible. Microgeneration equipment could be afforded permitted development rights by amending the GPDO. In deciding what should be PD the core question is: "what types and scales of equipment do not need to be examined by a planning authority because they will have an acceptably small impact or none at all?"
8. Some permitted development rights are drawn in broad terms and consequently there are uncertainties regarding the extent to which some renewable technologies are already permitted development for some types of buildings and/or locations. For example, whether solar panels installed on a roof are PD under current arrangements depends not only on their size, but on whether the planning authority is of the view that they would not materially affect the external appearance of the building. This is a matter of judgement and creates uncertainty. These proposal are intended to clarify the situation.
9. It is likely that equipment fixed to the outside of buildings or installed near them will have some effect on local amenity, particularly wind turbines which have visual, noise, vibration, shadow throw and light flicker (either directly or by reflection) impacts. Solar panels would generally have less impact. The current PD rights for domestic buildings draw a distinction between 'buildings containing flats' and 'dwellinghouses' because of the different potential of development to affect other residents. These proposals only seek to draw such a distinction for solar panels, where their installation on the façade of a block of flats, especially tenements, could have significant visual effects. The proposal to apply a distance criteria for wind turbines will however have the effect of distinguishing between dwelling houses and flats. These issues are discussed further below.
10. Any proposed installation of microgeneration equipment on a listed building would require an application for listed building consent under the Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997. With this control in place it is not proposed to make special provision for listed buildings in these proposals, other than situations where the installation of the equipment could affect the setting of a listed building.
Microgeneration Equipment Outwith the Scope of Permitted Development Rights
11. The installation of microgeneration equipment will require an application for planning permission in the normal way if it is not classed as permitted development. The terms of the PD rights carry no implication for the way individual applications have to be determined, which will continue to be based on the principle that every case has to be determined on its merits. PD rights have to cover general situations and hence are set at a precautionary level, but the consideration of the specific circumstances of a case by a planning authority can take account of local circumstances. Part of that consideration will involve giving those most likely to be affected by the proposal an opportunity to have their views taken into account before the planning authority determines the application. It also gives the planning authority the opportunity to impose specific conditions to control adverse effects, without which they would have to refuse the application.
Directions Restricting Permitted Development under Article 4 of the GPDO
12. Permitted development rights normally apply to all areas but planning authorities have powers under the GPDO (known as Article 4 Directions) which enable them to require planning applications for proposals which would otherwise be PD. The Orders usually have to be confirmed by the Scottish Ministers. They are most frequently used to increase the level of control in conservation areas. The proposals in this paper have been designed to limit the need for such Directions but it has to be recognised that they might be necessary, perhaps in some conservation areas and some parts of National Parks and National Scenic Areas. An Order could be specific to a particular technology. Generally however the small scale of domestic microgeneration equipment is thought unlikely to have an impact on the particular interests that landscape and natural heritage designations are intended to protect. For conservation areas, National Planning Policy Guideline ( NPPG) 18: Planning and the Historic Environment, sets out the matters which should be included in an authority's statement of reasons for making a Direction. If PD rights are withdrawn through an Article 4 Direction, planning fees are not required, thus retaining cost parity with the PD rights.
Planning Policy
13. Scottish Planning Policy ( SPP)6 - Renewable Energy states that the Government is positively considering extending PD rights so that more microgeneration equipment can be installed on existing buildings without the need to obtain planning permission. In principle the SPP supports microgeneration proposals on existing buildings which satisfactorily address broad criteria, including appropriate environmental and amenity safeguards and the requirements of the Building Regulations.
Building Standards Issues
14. Changes to PD will not affect the separate Building Standards requirements which are concerned in this instance with maintaining the safety and environmental performance of the building. Recent research for Scottish Building Standards ( SBS) "Building Integration of Low and Zero Carbon Technology Systems" identified a number of risks associated with the installation of particular equipment. These include risks to the structural integrity of the building, to the integrity of the building fabric, to its energy performance, and risks to the health and safety of people in or around the building. The research was undertaken by the Building Research Establishment Ltd ( BRE). SBS will be using it to prepare guidance on low and zero carbon technologies and the compliance of installations with the building regulations. The BRE report can be seen at
http://www.sbsa.gov.uk/pdfs/building_integ_LZCT.pdf
15. Whilst the majority of building-integrated installations must comply with building regulations, it is intended that there will be a review of the need for a building warrant in the case of certain installations.
16. The granting of PD rights must in no way lead building owners to believe that they do not need to comply with the building regulations and, in certain cases, the need to apply for a building warrant.
Research on Permitted Development Rights for Microgenerations
17. Research commissioned by the Scottish Executive recommended extending PD rights to microgeneration. It recognised that there are issues to be addressed regarding siting, design and noise for example and advised on the criteria to apply. This consultation
paper draws on the findings of that research but varies from them where indicated by
more recent research and information. The research recommended that PD be granted
for non-residential buildings but many such buildings, notably shops and offices, are
not specifically identified as classes of PD in the current GPDO and more detailed
work to cover the great variety of such buildings is needed before proposals can be developed. The results of further research are awaited. The research can be seen at: http://www.scotland.gov.uk/Publications/2007/03/29102736/0 (section 7.8 concerns microgeneration)
18. We have also had regard to research carried out for the English and Welsh administrations. Domestic Installation of Micro-generation Equipment: Final report
from a review of the related Permitted Development Regulations (2007) Department
for Communities and Local Government, London. The report can be seen at: http://www.communities.gov.uk/documents/planningandbuilding/pdf/320327b
Strategic Environmental Assessment
19. A strategic environmental assessment has been undertaken during the preparation of these proposals and it informed the contents of this paper. The Environmental Report can be seen at www.scotland.gov.uk/Topics/Planning/Modernising and comments may be made by 12 May 2008
20. Following the publication of the final Amendment to the GPDO, the Scottish Government will publish a statement under Section 18 of the Environmental Assessment (Scotland) Act 2005 describing amongst other things how the environmental report has been taken into account and the results of consultation.
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