UK Commercial Solar Carports and Permitted Development Guide

Key Takeaways

• Class OA of Schedule 2 Part 14 authorises the erection of solar canopies in non-domestic off-street car parks without full planning permission.
• To qualify under permitted development, the structure must not exceed 4 metres in height above ground level.
• A mandatory buffer of at least 10 metres from the curtilage of any dwellinghouse or residential block must be maintained.
• Permitted development rights do not apply within the curtilage of listed buildings or on scheduled monument sites.
• Canopy run-off water above permeable surfaces must be directed to porous areas within the parking grounds.
• Developers must secure prior approval regarding siting, design, and glare impacts, completing work within a period of 3 years.

The Scope of Class OA Permitted Development

Statutory Instrument 2023 No. 1279 introduced Class OA into Part 14 of Schedule 2 to the General Permitted Development Order, creating dedicated national permitted development rights for solar canopies in England:

• Permitted Development Definition: The installation, alteration or replacement of a solar canopy within an area lawfully used as off-street parking other than for a dwellinghouse or a block of flats.
• Target Sites: Designed for commercial car parks, office campuses, retail parks, hospital visitor parking, and industrial estates.

Development Exclusions and Restrictions

Class OA sets explicit spatial and site exclusions where permitted development rights cannot be exercised:

Height and Boundary Limits

• Height Ceiling: Development is not permitted by Class OA if any part of the development exceeds 4 metres in height above ground level.
• Residential Curtilage Setback: Development is not permitted if any part is within 10 metres of the curtilage of a dwellinghouse or a block of flats.
• Residential Land Prohibition: Development is not permitted within the curtilage of a dwellinghouse or a block of flats.

Heritage and Commercial Exclusions

• Scheduled Monuments: Not permitted on a site designated as a scheduled monument or on land within the curtilage of a scheduled monument.
• Listed Buildings: Not permitted within the curtilage of a listed building.
• Advertising Restrictions: Not permitted for the display of an advertisement.
• Temporary Sites: Not permitted if the parking area is in use by virtue of temporary land use permissions.

Mandatory Conditions and Prior Approval

Installing a solar canopy under Class OA requires strict adherence to statutory conditions:

Sustainable Water Drainage

• In the case of development above a permeable surface, provision is made to direct run-off water from the solar canopy to a permeable or porous area or surface within the off-street parking area.
• This prevents canopy roofs from converting permeable gravel or porous block paving into unmanageable surface water run-off.

Prior Approval Application

Before breaking ground, the developer must submit a formal prior approval application to the local planning authority for a determination regarding:

1. The solar canopy’s siting, design and external appearance, in particular the impact of glare on the occupiers of neighbouring premises.
2. In the case of a solar canopy on article 2(3) land, the impact of the appearance of the solar canopy on that land.

Completion Window and Site Decommissioning

• Three-Year Limit: Development must be completed within a period of 3 years starting with the date on which prior approval is granted or confirmed not required.
• Land Restoration: Where the solar canopy is no longer needed, it is removed as soon as reasonably practicable and the land is restored.