Exclusive: Labour joins fight for clearer solar planning rules
2 Jun, 2011
Shadow energy minister to write to government after councils accused of telling homeowners to apply for unnecessary planning permission...
Shadow energy and climate change minister Huw Irranca-Davies is set to write to his government counterparts today, urging them to take steps to ensure councils are not giving homeowners the wrong advice when installing solar panels.
A spokesman for the MP confirmed Irranca-Davies would be writing to the Department of Energy and Climate Change after installers claimed a local authority in Cumbria is flouting the law. It is allegedly telling people they require Building Regulations approval to fit solar panels, despite changes to regulations designed to improve the take-up of renewable energy.
Planning rules state that Building Regulations applications are not needed if the homeowner uses a contractor approved under the government\\\'s Competent Person Scheme. Official planning permission for solar panels has not been required, except for listed buildings or houses in conservation areas, since the then Labour government amended the Town and Country Planning (General Permitted Development) Order in 2008.
David Hunt, a director at installation firm Eco Environments, told BusinessGreen that his company had received a number of reports from customers that Eden district council in Cumbria was insisting households apply for £77 Building Regulations approval prior to installing panels. It had also served notice on several homeowners who had already fitted them.
However, he believes the problem may be more widespread, citing research undertaken by Renewable Energy Installer magazine. This showed that the number of planning proposals related to solar panels submitted and processed by local planning authorities doubled from 2009 to 2010, despite the three-year-old rule change.
\\\"Eden is the only council we\\\'ve had problems with,\\\" said Hunt. \\\"[But] I know other installers in other parts of the country have been told they need planning permission, which you haven\\\'t needed since 2008.\\\"
Cathy Debenham, founder of renewable energy advisory service YouGen, echoed Hunt\\\'s concerns, telling BusinessGreen that a number of companies she had spoken to in the South West faced similar problems. She added that homeowners were left to foot the bill to overturn decisions on appeal.
Cumbrian-based installers Sundog Energy also confirmed they had faced difficulties from councils insisting on planning permission or Building Regulation applications.
Gwyn Clark, Eden district council\\\'s assistant director for planning services, insisted the allegations were \\\"completely untrue\\\". She added that the council had never threatened to tear down any panels and was not, as Debenham and Hunt intimated, trying to \\\"claw back\\\" a revenue stream lost after the law changed.
He told BusinessGreen that the council\\\'s primary concern was over the structural capabilities of roofs to hold large numbers of panels and that it had asked some homeowners to submit Building Regulations confirming the weight had been taken into account. He added that the process was based on advice sought from the Building Research Establishment (BRE) group.
However, Clark claimed other councils were pursuing variants on this policy and called on the government to provide better clarification for planners.
\\\"Our colleagues at other councils in Cumbria have followed our route, as have some elsewhere,\\\" he said. \\\"We\\\'re looking to clarify the rules around building regulations; there doesn\\\'t seem to be a definitive view [and] there are a lot of grey areas around the country.\\\"
Hunt and Debenham are also demanding clearer direction from central government to ensure planning departments follow the regulations.
\\\"It seems ridiculous that, at a central level, they\\\'re saying you should go ahead and do this and every council is doing something different,\\\" Debenham said. \\\"There are quite a lot of people having to spend time and money to get councils to change their minds.\\\"
\\\"We\\\'re looking for the government to put out clear and concise rules,\\\" Hunt added.
The Department for Communities and Local Government (CLG), which is responsible for planning policy, had not responded to requests for comment at the time of going to press.
Hunt said that a number of MPs are backing his campaign. Irranca-Davies\\\'s fellow shadow energy and climate change minister Luciana Berger has pledged her support, he said, along with Rory Stewart, Conservative MP for Penrith and the Border, whose constituency includes Eden Valley.
\\\"Something has clearly gone wrong in the correct regulating of planning laws in relation to solar panels,\\\" said Stewart in a statement. \\\"It is imperative that individuals, businesses and community groups are able to install PV with a minimum of fuss and regulation.\\\"