Information Leaflet # 12
Renewable Energy Development within the Curtilage for a Dwelling House-Permitted Development Rights
August 2006

Questions and Answers

Q. How do I make a planning application?

A. If you need to make a planning application it should be made using either a Householder Development PHD form or a Planning Application P1 form.

You will need to make an application using a Householder Development PHD form where you propose to install solar collectors or development associated with biomass or heat pump development which does not qualify as permitted development. You should provide the following:

• 5 copies of application form PHD fully completed (photocopies of the original form are acceptable)
• 5 copies of a site location plan to scale 1:2500 or 1:1250, identifying the application the application site in red;
• 5 no copies of a site layout plan, not less than 1:500 in scale , showing the proposed location of the technology in relation to the existing dwelling;
• 5 no copies of elevations, not less than 1:100 in scale (where the proposed technology is attached to the dwelling;
• 5 copies of details of the proposed technology. Trade brochures will be accepted provided the dimensions are shown;
• The relevant application fee (£225 Fee Category 3)

You will need to make an application using a Planning Application P1 form where you propose to install a wind turbine. You should provide the following:

• 7 copies of application form P1 fully completed (photocopies of the original form are acceptable)
• 7 copies of a site location plan to scale 1:2500 or 1:1250, identifying the application the application site in red ;
• 7 copies of a site layout plan, not less than 1:500 in scale, showing the proposed location the technology in relation to the existing building;
• 7 copies of elevations, not less than 1:100 in scale (where the proposed technology is attached to the dwelling);
• 7 copies of details of the proposed technology. Trade brochures will be accepted provided the dimensions are shown;
• The relevant application fee (£200 Fee Category 5)

Further guidance on the completion of application forms is available the relevant form and the planning service website.

Q. Will my planning application be advertised in the paper?

A. All valid planning applications are advertised on a weekly basis in the local newspaper. Details of these applications are also placed on the Planning Service website.

Q. Will Planning Service write to my neighbours?

A. Planning Service will write to the occupiers of any buildings which adjoin the curtilage of your property. You may wish to inform your neighbour that you have submitted a planning application for a small scale renewable technology.

It should be noted that all planning applications are available for inspection by the wider public through the Open File Correspondence Unit.

Q. How long will it take to receive a decision on my planning application?

A. Planning Service will endeavour to ensure that applications that are dependant on grant aid are carefully managed through the planning process to avoid any unnecessary delay.

However, there are steps that applicants can take to enable planning applications to be processed more smoothly such as ensuring that planning applications are submitted with all the required information and the correct application fee.

Q. I have read the guidance and am sure that what I propose to do qualifies as ‘permitted development.’ Can Planning Service confirm this for me?

A. If you want the Planning Service to confirm your proposal would be lawful, i.e. that it does not require a planning application you may apply for a Certificate of Lawfulness for a proposed use or development, paying the appropriate fee of £113.

However, if you are content to forego a certificate, you may write to your Divisional Planning Office seeking a ‘letter of comfort’ to confirm that the proposed development qualifies as permitted development. To receive a letter of comfort you should provide Planning Service with details of the proposed technology, and where you propose to install it within the curtilage of your house. Photographs and trade brochures may be included help to illustrate your proposal. You should note that this is not a formal determination on yhour proposal.

Q. My house is currently under construction. Can I install one of the above small scale renewable technologies as ‘permitted development’?

A. A dwellinghouse does not benefit from permitted development rights until construction has been completed.

Q. Why does a wind turbine require an application for planning permission?

A. To be completely effective, wind turbines attached to a building will need to project above the highest part of the roof in order to get the wind from all directions – existing PD rights, even if they applied, would not permit this. In any event a wind turbine, whether attached to a building or erected on its own independently of a building, is considered to be plant and machinery or of the nature of plant or machinery and, not being a building or part of a building, it would not be permitted under Part 1 of Schedule 1 to the GDO.

Q. If I install a small scale renewable technology within an existing building, will I require planning permission?

A.If you are providing any of the small scale renewable technologies within an existing building and this does not affect the appearance of the existing building, planning permission will not be required.

Q. Will the Planning Service be changing permitted development rights in relation to small scale renewable technologies?

A. The Planning Service expects to issue a public consultation paper on permitted development rights for small scale renewable development at the beginning of October which could lead to changes to legislation in 2007.