Solar Panels on a property in Kensington and Chelsea
We were approached by a client facing enforcement action from the Royal Borough of Kensington & Chelsea Council (RBKC). This was regarding solar panels installed on their mews property located within a Conservation Area.
Upon being informed by the RBKC that the solar panels required permission, and prior to our involvement, the client had applied retrospectively for permission but this was refused. The client then asked us to review the project and advise on a strategy moving forward. Our advice at this stage was that we should approach the Council regarding potential amendments to the solar panels to address the concerns raised under the refused application.
We then entered into pre-application discussions with RBKC. The discussions initially explored if the solar panels could be altered to conform with permitted development rights for domestic solar panels. This was under Class A, Part 14, Schedule 2 of the General Permitted Development Order 2015 (as amended).
One easily resolved issue was the height of the solar panels. The installed panels had a maximum height of 0.41m, exceeding the 0.2m allowance. Therefore, our starting point was to reduce the height to meet this requirement. A more complex criteria was that solar panels should be sited to ‘minimise effect on the amenity of the area’. Due to the property’s location in a Conservation Area, the Council was concerned about the solar panels’ visibility from public viewpoints. We agreed to remove three solar panels from one side of the roof. As well as set back the remaining panels to address these concerns.
Batcheller Monkhouse’s client’s property with Solar Panels
As a result of the pre-application discussions, we were able to agree on a solution with the Council. However, as the solar panels were already installed, the Council required us to apply via a full planning application. We submitted this application on behalf of our client, which was then approved.
Alongside the pre-application and application processes, we assisted the client with appealing an enforcement notice served by the Council. This was done to protect their position, should the retrospective application we submitted be refused. The enforcement notice required the complete removal of the solar panels. This offered no scope for an alternative arrangement should permission be granted. We appealed on the grounds that the requirements of the notice needed amendment and getting the requirements of the notice revised to reflect the approved scheme for solar panels. Our appeal was upheld with the requirements of the enforcement notice being amended to reflect the permission that had been granted.
