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6 FAQs about [Case analysis of illegal construction of home solar panels]
Is interference with solar panels a material consideration?
The council planning officers determined that interference with solar panels was not a significant concern as it dealt with a private interest rather than a public interest that required protection through the planning process.
Is overshadowing of solar panels a material consideration in planning?
Overshadowing of solar panels is a significant factor in planning. The recent High Court ruling in William Ellis McLennan vs Medway Council and Ken Kennedy [2019] EWHC 1738 (Admin) has set a new precedent for planning and climate change law.
Do I need planning permission to install solar panels?
In most cases, planning permission is no longer required to install solar panels on the roof of your private home thanks to the recent extension of the 2008 ‘Permitted Development’ rules by the UK Government. It is therefore typically unnecessary to seek planning permission when installing domestic solar panels.
Should the amount of light falling on solar panels be a planning consideration?
This case marks the first time that the courts have determined that the amount of light falling on solar panels should be a consideration in planning. This raises important questions for the future development of taller buildings that overshadow solar panels.
Can a neighbour Block A solar installation?
If your installation is permitted development, or you have received the necessary planning permission required to make the installation, there is likely nothing your neighbours can do to block or dispute the installation of solar panels on your property.
Why did a tribunal member deny a development based on solar panels?
The tribunal member considered the development's impact on solar panels in making her decision — but her primary concern in denying the development was the fact that it would be "visually intrusive in the backyard realm" for neighbouring properties.