Solar panels in a conservation area

What the order actually says

Class A does not permit development if:

in the case of land within a conservation area or which is a World Heritage Site, the solar PV or solar thermal equipment would be installed on a wall which fronts a highway

That is the whole of it. Three things follow.

Roofs are not mentioned. A roof-mounted array in a conservation area is ordinarily permitted development, subject to the same 0.2 metre protrusion and ridge-height limits that apply anywhere.

Only walls fronting a highway are caught. A wall at the back, or a side wall facing a neighbour rather than a road, is not within the restriction.

“Highway” is broader than “road.” In ordinary planning usage it includes public footpaths and bridleways. A wall fronting a public footpath may well be caught.

The flat-roof rule that did change

This is the part of the conservation area position that genuinely tightened, and it is recent enough that most guidance has not caught up.

Since 21 December 2023, Class A is subject to this condition:

in the case of solar PV or solar thermal equipment installed on a flat roof located on article 2(3) land, 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 the impact of the appearance of the solar PV or solar thermal equipment on that land

Read the mechanism carefully, because it is not a planning application:

• You apply for a determination as to whether prior approval is required
• The question is narrow: the impact of the appearance of the equipment on that land
• It must be done before beginning development
• The procedure follows paragraphs J.4(3) to J.4(12) of Part 14

This is the same “prior approval” mechanism used across permitted development generally: a light-touch check on one defined issue, rather than a full assessment of whether the development is acceptable in principle.

Article 2(3) land is wider than conservation areas. It covers conservation areas, areas of outstanding natural beauty, National Parks, the Broads, World Heritage Sites, and land specified under section 41(3) of the Wildlife and Countryside Act 1981.

Ground-mounted arrays are treated more strictly

Class B, for standalone solar, has its own conservation area provisions:

• height limited to 2 metres rather than 4, where the array would be nearer to a bounding highway than the house is
• in that same position, a prior approval requirement on the impact on the character of the conservation area
• and, as everywhere, no standalone solar within the curtilage of a listed building

Combined with the general Class B limits — one array, 9 square metres of panel, 5 metres from any boundary — the space for a permitted ground-mounted array in a conservation area garden is narrow.

Article 4 directions: the real obstacle

If a property in a conservation area genuinely cannot install solar under permitted development, an Article 4 direction is the most likely reason.

A direction is made by the local planning authority and withdraws specified permitted development rights in a defined area. Conservation areas are where they are most often used. Where one applies to Part 14 rights, the analysis on this page does not help you: the rights are simply not available and a planning application is required.

Directions are local, and there is no single national list we have been able to find. Ask your local planning authority whether an Article 4 direction affects your property, and ask specifically about Part 14 — a direction may cover some rights and not others.

Practical guidance

Do not accept “you’re in a conservation area, so no” from an installer. It is not the rule. Ask which provision they are relying on.

Check for an Article 4 direction first. It is the one thing that would actually make the blanket answer true, and it takes one call.

If your roof is flat and you are on article 2(3) land, budget for the prior approval step. It is a condition, not a formality — beginning development without applying means the development is not permitted.

Consider appearance seriously anyway. The conditions in A.2 require siting to minimise the effect on the building’s external appearance and on the amenity of the area, so far as practicable. In a conservation area that is more than a form of words, and a sympathetic layout is also how you avoid a dispute you would rather not have.

If it is close, get a certificate. Whether a wall fronts a highway, and whether a roof is flat, are questions of fact. A lawful development certificate resolves them before you spend money rather than after.