Class OA – solar canopy within off-street commercial parking

 

The permitted development right of Class OA allows you to install, alter or replace solar panel canopy above off-street parking within a commercial property. 

Class OA will require a prior approval application. Full details are in the legislation below – or engage Planning Geek to apply on your behalf. 

This was introduced in December 2023 under SI 2023/1279 to allow for the development of a solar canopy within the curtilage of commercial buildings.

 

 

What are the limits for a solar canopy on commercial property?

Each solar canopy must be no higher than 4m and cannot be within 10m of the curtilage of any residential property.  It can’t be used for advertising nor within a listed building or scheduled monument curtilage. 

Class OA is subject to prior approval with regard the siting, design and external appearance, in particular the impact of glare on the occupiers of neighbouring premises. Also within conservation areas, AOBM etc., (Article 2(3) land as to the impact of the appearance of the solar equipment on the character of the conservation area etc. Full details are in the legislation below – or engage Planning Geek to apply on your behalf. 

Paragraph P says “solar canopy” means a canopy structure—

The full legislation for stand-alone solar equipment can be found below.

 

Legislation

 

Class OA – installation etc of a solar canopy on non-domestic, off-street parking

Permitted development

OA.  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

Development not permitted

OA.1.  Development is not permitted by Class OA—

(a) if any part of the development—
    (i)exceeds 4 metres in height above ground level;
    (ii)is within 10 metres of the curtilage of a dwellinghouse or a block of flats;

(b) within the curtilage of a dwellinghouse or a block of flats;

(c) on a site designated as a scheduled monument or on land within the curtilage of a scheduled monument;

(d) within the curtilage of a listed building;

(e) for the display of an advertisement; or

(f) if the off-street parking area is in use by virtue of Class B (temporary use of land) of Part 4 (temporary buildings and uses).

Conditions

OA.2.—(1) Development is permitted by Class OA subject to the following conditions.

(2) 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.

(3) Before beginning development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required with respect to—

(a) the solar canopy’s siting, design and external appearance, in particular the impact of glare on the occupiers of neighbouring premises; and

(b) in the case of a solar canopy on article 2(3) land, the impact of the appearance of the solar canopy on that land.

(4) Paragraphs J.4(3) to J.4(12) of this Part apply in relation to an application under sub-paragraph (3) as if “Class OA” substitutes the reference to “Class J” in paragraph J.4(4).

(5) Development must be completed within a period of 3 years starting with the date on which—

(a)prior approval is given; or

(b)a determination that such approval is not required is given or the period for giving such a determination set out in paragraph J.4(9)(c) of this Part has expired without the applicant being notified whether prior approval is required, given or refused.

(6) Where the solar canopy is no longer needed, it is removed as soon as reasonably practicable and the land is restored to its condition before the development took place so far as reasonably practicable.”.

 

[section copied from Class J as referred to in paragraph (OA.2(4)]

(3) The application must be accompanied by—

(a) a written description of the proposed development;
(b) a plan indicating the site and showing the proposed development;
(c) the developer’s contact address; and
(d) the developer’s email address if the developer is content to receive communications electronically;

together with any fee required to be paid.

(4) The local planning authority may refuse an application where, in the opinion of the authority—

(a) the proposed development does not comply with, or
(b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions, limitations or restrictions specified in Class OA applicable to the development in question.

(5) Sub-paragraphs (6) and (8) do not apply where a local planning authority refuses an application under sub-paragraph (4) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(6) The local planning authority must give notice of the proposed development—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—
(i) describes the proposed development;
(ii) provides the address of the proposed development;
(iii) specifies the date by which representations are to be received by the local planning authority; or

(b) by serving a notice in that form on any adjoining owner or occupier.

(7) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application.

(8) The local planning authority must, when determining an application—

(a) take into account any representations made to them as a result of any notice given under sub-paragraph (6); and
(b) have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in February 2019 July 2021, so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(9) The development must not begin before the occurrence of one of the following—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
(b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or
(c) the expiry of 56 days following the date on which the application under sub-paragraph (3) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(10) The development must be carried out—

(a) where prior approval is required, in accordance with the details approved by the local planning authority;
(b) where prior approval is not required, or where sub-paragraph (9)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (3),
unless the local planning authority and the developer agree otherwise in writing.

(11) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

(12) When computing the number of days in paragraph (6)(a), any day which is a public holiday must be disregarded.

 

 

solar panel canopy  Page Updated:  7th December 2023