Agenda item

This application is a resubmission of a previous application (ref: 11/00099/FUL), refused under delegated powers on 9th March 2011. Planning permission is sought  for the installation of 12 solar photo voltaic panels grouped as one unit measuring approx: 4.83 metres wide and 3.44 metres long  on the rear roof slope of the property.

This application has been brought before East Area Planning Sub-Committee at the request of Councillor Taylor as it is an individual application but the wider context for the installation of solar panels in the City’s Conservation Areas and on listed buildings needs to have some discussion by Members and for a local understanding of policy to emerge. [Fishergate] [Site Visit]

Members considered a full application from Mr and Mrs Scott for the installation of solar panels on the rear roof slope of 14 New Walk Terrace.

In their update to Members, Officers referred to the statutory duty of the Council to have special regard to the desirability of preserving the (listed) building or its setting and any features of special architectural or historic interest which it possesses. They also referred to national planning advice which stated that where conflict between climate change objectives and the conservation of heritage assets is unavoidable, the public benefit of mitigating the effects of climate change should be weighed against the harm to the significance of the heritage asset. In other words, a balancing exercise needed to be carried out. Officers also informed Members that a reference in their report which related to the applicant making a formal approach  to the Civic Trust needed to be amended to an “informal approach.”

Officers were asked if there were any other roofs with solar panels in the vicinity and how solar panels differed from rooflights. They responded that there were no roofs with solar panels in the area and that the panels had a shinier surface than rooflights.

Representations were received in support from the applicant. He did not believe that the proposal would harm the Conservation Area. He believed that velux windows did a greater amount of damage to the fabric of a listed building than the installation of solar panels on the roof. Finally he stated that the only prominent view of the solar panels would be from the rear of the property.

Representations in support were received from the Ward Member, Councillor Taylor. He  considered that in general there was insufficient policy guidance  in relation to the use of new technologies  in cases such as this. He also stated that he felt the roof slope of the property was not prominent, and that the visual intrusion was very small when compared with other alterations and extensions in the vicinity. He added that the applicants were happy for conditions to be added to planning permission, and that they would be happy for their scheme to be used as a pilot for others.

Members asked the applicant if the solar panels could be removed and asked in what situation they could be removed. The applicant responded that the panels could be removed as they were clipped together, on a lightweight frame and were not permanently attached to the roof. In addition, the applicant stated that if a subsequent owner wished to remove them or they became degraded, they could be removed.

In response to a question from Members, Officers explained that the recommendation for refusal had been influenced by comments received from the Council’s Conservation Team, as  the panels would cover a significant area of the roof and would be harmful to the appearance of the building. Officers also commented that if the application was approved it would be difficult for other similar applications to be refused, due to the property forming part of a longer terrace of listed buildings and because a precedent would have been set.

Members considered that a Council policy needed to be formulated on the issue of renewable energy sources in Conservation Areas as other similar applications could be considered by the Committee in the future. Some Members considered that the application could be deferred to be considered at a later date, following the formulation of a policy. Other Members felt that they did not believe the application to be detrimental to the area, as the panels might not necessarily be a permanent structure, and that there was a need to keep up with current progress in new technologies.

RESOLVED:       That the application be approved with the following conditions;

(i)           The development shall be begun no later than the expiration of three years from the date of this permission.

Reason:     To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by Section 51 of the Compulsory Purchase Act 2004.

(ii)          The development hereby permitted shall be carried out in accordance with the following plans and other submitted details;

Submitted drawings and supporting information received 23.05.11.

Reason:     For the avoidance of doubt and to ensure the development is carried out only as approved by the Local Planning Authority.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the following conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the character and appearance of the Conservation Area. As such the proposal complies with Policies GP1 and HE3 of the City of York Development Control Local Plan.