
Government plans to roll out a renewable energy network are being hampered by confusion and a shocking level of inconsistency at the local level, a new survey has found.
Renewable Energy Installer magazine submitted Freedom of Information requests to all 422 local of the authorities in England and Wales requesting data on planning permissions processed since 2008 relating specifically to solar panels.
And the figures make alarming reading.
Despite government legislation to scrap the need for planning permission, many councils are still insisting homeowners seek their consent before installing solar panels.
In April 2008, the then Labour government amended the planning legislation, namely the Town and Country Planning (General Permitted Development) Order 1995, in an attempt to boost the take-up of microgeneration and support clean, green energy.
But despite the scraping of the rules, REI's survey found the number of planning proposals for solar panels submitted to and processed by the local planning authorities has actually doubled from 2009 to 2010.
Of the 251 councils that agreed to supply the information under the Freedom of Information Act, only 41 authorities correctly said there was no need to apply for planning permission as it was a “permitted development”.
And despite a further rule change to allow solar panels to be installed in conservation areas, according to the figures supplied two of the three applications kicked out were in a conversation area.
According to the magazine's research, in 2009 there were over 234 applications for the installation of solar technology.
However, last year this number had jumped up to 403 across England and Wales – and that's without figures from the 71 authorities that refused to supply the data.
Ivan Lucas of Navitron last month successfully appealed on behalf of a neighbour after planning permission for the installation of solar panels was refused.
He said: “It's a crazy situation where the government is ploughing millions of pounds into the Feed-in Tariff scheme and yet many local authorities are acting unlawfully and refusing to adopt a change in the law from three years ago.
“This survey shows that hundreds of people up and down the country are being wrongly advised to submit paperwork and applications for solar panels that need not happen.
“It is a waste of everyone's time and money, especially the taxpayers'.”
The Navitron chief explained how a neighbour was told by Monmouthshire Council that because she lived in a conservation area, planning permission for his proposed installation was required.
But after fulfilling the paperwork exercise, she was then subsequently refused consent.
Lucas added: “I provided the council with a copy of the Statutory Instrument and proved they were not following the guidelines as laid down by Parliament.
“The council officials reversed the decision and allowed my neighbour to install the solar panel. But she has lost money on a planning procedure that was never needed in the first place.
“It is evident from this research by Renewable Energy Installer that the same is happening up and down the land.
“The rules are quite simple: Solar panels do not normally require planning permission.”
The government's Localism Bill is currently passing through the House of Commons but many fear it will lead to further confusion surrounding the planning laws.
There are growing fears that the proposed legislation will result in prolonged delays to renewable energy projects and make it far easier for Nimby groups to oppose proposals for renewable energy installations. The bill will allow councils and councillors to instigate a local referendum on any local issue, including a planning decision.
Taxpayer's Alliance spokeswoman Charlotte Linacre, said: “This appears a completely unnecessary waste of time, money and effort – local authorities should be reducing the red tape surrounding renewable energy, not increasing it.
“The government relaxed the planning regulations in 2008 for solar panels to avoid this wasteful bureaucracy but it appears from your research that the exact opposite effect has been achieved.”
Ironically, a recent report compiled by the Local Government Association said councils' efforts to cut carbon emission would increase 30-fold if they worked closer with local residents.
And this week, a council was accused of “living in the dark ages” after threatening to tear down home owners’ solar panel arrays.
Despite initially telling residents in Cumbria that they could go ahead with their installations, Eden District Council has now written to them insisting that they make a Building Regulations application at a cost of £100 a time.
One of the companies, Eco Environments, which carried out installations, said that it had not come across another council in England insisting on similar applications.
Instead, councils are happy to follow national guidance which states that applications are not necessary as long as home owners or businesses can show that the work was carried out by a registered Competent Person under the Government’s Competent Person Scheme.
One couple affected, Dr Jeremy Lucas and his wife Jenny, say the edict from the council has came completely out of the blue and has caused “enormous stress”.
Dr Lucas, who lives in Burrells, Appleby, said: “Before going ahead with the installation of our 2.4kwp 12 panel solar panel installation we contacted the council to confirm that no planning permission was required.
“The council has even published a document making it clear that there is no requirement for a Building Regulations application as long as the work has been carried out under the Competent Persons Scheme. Our supplier Eco Environments is registered as such and they confirmed the suitability of our roof for solar panels before going ahead with the work.
“This whole episode has caused my wife and I enormous unnecessary stress. You would have thought that Eden District Council would prefer to be seen to be encouraging renewable energy projects and put itself at the forefront of the green revolution.”
David Hunt, a director with Eco Environments which has offices across the UK including Penrith, said: “We have carried out hundreds of domestic installations of solar PV across the country and this is the first time we have encountered any problems concerning Building Regulations.
“Councils are happy to let home owners self-certify under the Competent Persons Scheme, unlike Eden District Council which seems to prefer to suffocate law abiding people with red tape.
“We call on the council to see sense, stop living in the dark ages and fall into line with local authorities the length and breadth of Britain which are so strongly advocating the green energy revolution.”
In its email exchanges with Dr Lucas, the council refuses to answer his points about the Competent Persons Scheme and instead claims that an application is required under Part A of the Building Regulations to assess any impact the installation will have on the existing roof structure.
However, Dr Lucas says the timbers in the roof of the couple’s house are “immense and in very good condition”. He adds in an email to Eden District Council: “When the house was re-roofed, the slates that were used were not as heavy as the massive slates they replaced. The weight of the PV panels is almost negligible in comparison.”
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