Article 3 Amendment of Class A (installation or alteration etc of solar equipment on domestic premises)

for the words before sub-paragraph (a), substitute—

“Development not permitted: block of flats

(1)

Development is not permitted by Class A on a block of flats, or a building within the curtilage of a block of flats, if—”;

after sub-paragraph (d), omit the “or”;

for sub-paragraph (e), substitute—

“(e)

the solar PV or solar thermal equipment would be installed on a block of flats, or on a building within the curtilage of a block of flats, if the block of flats is a listed building; or”;

after sub-paragraph (e), insert—

“(f)

in the case of plug-in solar, where any part of the plug-in solar would be installed on a wooden wall, balcony or enclosure or on any part of the exterior of a block of flats which is clad in timber.”;

after sub-paragraph (f), insert—

“Development not permitted: dwellinghouse

(2)

Development is not permitted by Class A on a dwellinghouse, or a building within the curtilage of a dwellinghouse, if—

(a)

in the case of solar PV or solar thermal equipment on a wall, it would result in—

(i)

where the wall abuts on a highway, the solar PV or solar thermal equipment protruding more than 0.2 metres beyond the plane of the wall when measured from the perpendicular with the external surface of that wall; or

(ii)

in any other case, the solar PV or solar thermal equipment protruding more than 0.4 metres beyond the plane of the wall when measured from the perpendicular with the external surface of that wall;

(b)

in the case of solar PV or solar thermal equipment on a balcony enclosure or roof enclosure, it would result in—

(i)

where the enclosure abuts on a highway, the solar PV or solar thermal equipment protruding more than 0.2 metres beyond the enclosure when measured from the perpendicular with the external surface of that enclosure; or

(ii)

in any other case, the solar PV or solar thermal equipment protruding more than 0.4 metres beyond the enclosure when measured from the perpendicular with the external surface of that enclosure;

(c)

in the case of solar PV or solar thermal equipment on a pitched roof, it would result in either or both of—

(i)

the solar PV or solar thermal equipment protruding more than 0.2 metres beyond the roof slope when measured from the perpendicular with the external surface of the pitched roof slope;

(ii)

the highest part of the solar PV or solar thermal equipment being higher than the highest part of the roof (excluding any chimney);

(d)

in the case of solar PV or solar thermal equipment on a flat roof, it would result in the highest part of the solar PV or solar thermal equipment being more than 0.6 metres higher than the highest part of the roof (excluding any chimney);

(e)

in the case of land within a conservation area or which is a World Heritage Site, the solar PV or solar thermal equipment would be installed on a wall, balcony or roof enclosure which fronts a highway;

(f)

the solar PV or solar thermal equipment would be installed on a site designated as a scheduled monument;

(g)

the solar PV or solar thermal equipment would be installed on a dwellinghouse, or on a building within the curtilage of a dwellinghouse, if the dwellinghouse is a listed building; or

(h)

in the case of plug-in solar, where any part of the plug-in solar would be installed on a wooden wall, balcony or enclosure or on any part of the exterior of a dwellinghouse where that part is clad in timber.”