Planning And Climate Change: Domestic Generation Of Electricity
Posted: Wednesday 7 July 2010
Introduction
Scotland has some of the most ambitious climate change targets in the world. The Climate Change (Scotland) Act 2009 is a key piece of legislation for the Scottish Government, and it brought into law a number of different strategies for reducing greenhouse gas emissions. One of these strategies was a commitment to create new permitted development rights (PDRs) for certain types of domestic “microgeneration equipment”.
The general rule is that planning permission is required for “development”. However, it would be an administrative headache – and completely unnecessary – if planning permission were to be required for every type of development, particularly domestic development which takes place on a small scale.
For this reason, PDRs have existed for many years. Where PDRs are in place, planning permission will in effect have been granted.
New regulations have been brought into force to expand PDRs to allow householders to install certain renewable energy technology without the need for planning permission.
Solar power
Householders are now allowed to install solar photovoltaic or solar thermal equipment on their properties provided that certain criteria can be satisfied.
The complex restrictions on these PDRs are designed to prevent equipment from being installed which would be unduly intrusive.
As a general rule, the equipment must be sited, so far as reasonably practicable, so as to minimise its affect on the amenity of the area.
If the criteria in the regulations are not met, a planning application will be required.
Biomass heating systems, ground source heat pumps, water source heat pumps
Other types of domestic microgeneration equipment which now benefit from PDRs include flues which form part of biomass heating systems, ground source heat pumps and water source heat pumps. Again these rights are subject to restrictions which are designed to protect the amenity of the area.
Free standing wind turbines and air source heat pumps
Perhaps most controversially, PDRs were introduced in March of this year for free standing wind turbines which are erected within the areas surrounding residential properties. These recent regulations also allow for the installation of air source heat pumps within the areas surrounding residential properties.
The provisions governing these types of technology are quite restrictive. The Scottish Government has said that these restrictions are designed to manage adverse impacts on neighbours and amenity whilst balancing these negative impacts against the wider environmental, social and economic benefits of domestic microgeneration.
The restrictions, by way of example, include that
- the equipment must be not less than 100 metres from the area surrounding a neighbouring dwelling
- development is not permitted (without planning permission having been obtained) if it would result in the installation within the area surrounding a house of more than one of each type of technology (i.e. free standing wind turbines and air source heat pumps).
There are restrictions on installing these technologies within the surroundings of a listed building, conservation area, World Heritage Site, site of special scientific interest or a site of archaeological interest.
To take advantage of the PDRs for a domestic wind turbine, a householder must first apply to the planning authority for approval of the design and size of the proposed equipment. The planning authority must also be asked to determine whether its prior approval will be required in respect of the siting and external appearance of the proposed wind turbine. If prior approval is refused, or is made subject to unacceptable conditions, the developer can challenge that decision.
The free standing wind turbine must also, so far as is reasonably practicable, be sited in such a way as to minimise its effect on the amenity of the area and be used only for the purposes of domestic microgeneration.
The purpose of prior approval for micro-wind turbines is to allow the planning authority to consider any relevant matter in respect of the design and size of the proposed wind turbine. However, this prior approval procedure is primarily intended to provide a safeguard for aerodromes, radar sites, radio and television networks and National Scenic Areas which could be affected by wind turbine installations.
As regards air source heat pumps, a similar procedure must be followed by way of prior approval for the siting and external appearance of the pump.
Conclusion
The Scottish Government wants to further extend PDRs for microgeneration equipment. However, wind energy in particular can raise heated debate, even on a small scale, therefore it will be interesting to see how local authorities react to the use of these new powers when called upon to give their prior approval.
This article is a summary of the main legislative provisions and should not be regarded as a definitive statement of the law.
For more information please contact Douglas Milne, head of Morton Fraser’s planning law practice on 0131 247 318.
