A certificate of lawful use or development for solar panels (Ref 3349450)

The appeal related to the installation of solar panels on the roof of a building within a conservation area. The applicants considered that the optimum position for solar gain was to site the panels on the front elevation of the dwelling, facing the highway. The council rejected this proposal, noting that more discreet and practicable alternative had not been demonstrated. This is controlled by Part 14 Class A of the General Permitted Development (England) Order 2015.

The council originally raised concerns about A.2(a), which is a condition attached to the permission granted by the GPDO that the panels should be ‘so far as practicable, sited so as to minimise [their] effect on the external appearance of the building’. The appellant had provided evidence from the installation company that the estimated annual output from panels on the rear roof would be around 30 per cent less than on the front (2,876 kwh for the front and 1,994 kwh for the rear). The inspector did not consider this to be a big difference. The inspector went on to define the word ‘practicable’ and rejected the viability assessment submitted by the appellant in considering the meaning of that word. In any case, this did not overcome the requirement within the second part of the condition to ‘minimise its effect on the appearance of the building’. Dismissed.

Please note that this article is not intended to provide legal advice.

This article originally appeared in the Institute of Historic Building Conservation’s (IHBC’s) Context 184, published in June 2025. It was written by Alexandra Fairclough a member of the IHBC law panel and a barrister (non-practising). She teaches heritage law at Manchester School of Architecture and is principal built heritage and design officer at Bolton Council.

--Institute of Historic Building Conservation

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