| Topic: | Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:solar panels | |
| Posted by: | Adam Beamish | |
| Date/Time: | 08/11/12 13:47:00 |
| Funny how the likes of David Giles and Cllr. Todd haven't posted on this thread despite the widely differing opinions expressed by posters - surprised how none of you are yet to be accused of being unable to read, comprehend or be sarcastically told that your personal views are 'interesting'. However, the basics of this are relatively simple : 1) The fact the panels were erected without the benefit of consent and permission was sought respectively is completely irrelevant. The application has to be determined on its merits and treated in exactly the same way as it would be were it proposing the erection of the panels, rather than their retention. 2) The previous 'misdemeanours' of the owners of the property are also irrelevant for the same reasons. Personally speaking, I think it was stupid of the owners of a property within a Conservation Area, owners who have had numerous previous 'battles' with the Council (battles I've been involved in whilst at LBH) to go ahead based on an informal view expressed by an Officer (because the only way to obtain a formal/legally binding view is to have a planning application determined), but I'm sure they have their reasons and as I say it isn't part of the professional judgement nor a material consideration, so any debate on that point is equally irrelevant. 3) The essential test of any application within a Conservation Area used to be whether it preserved or enhanced the character of the Conservation Area. Since the National Planning Policy Framework was published in March 2012 that test has been extended somewhat, and the NPPD advises that, in determining planning applications, local planning authorities should take account of: ● the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; ● the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and ● the desirability of new development making a positive contribution to local character and distinctiveness. However, the conservation/heritage tests also need to be balanced against the sustainable benefits, as reflected in the section from the NPPF pasted below : To support the move to a low carbon future, local planning authorities should: ● plan for new development in locations and ways which reduce greenhouse gas emissions; ● actively support energy efficiency improvements to existing buildings; and ● when setting any local requirement for a building’s sustainability, do so in a way consistent with the Government’s zero carbon buildings policy and adopt nationally described standards. In determining planning applications, local planning authorities should expect new development to: ● comply with adopted Local Plan policies on local requirements for decentralised energy supply unless it can be demonstrated by the applicant, having regard to the type of development involved and its design, that this is not feasible or viable; and ● take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption. To help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. They should: ● have a positive strategy to promote energy from renewable and low carbon sources; ● design their policies to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts; ● consider identifying suitable areas for renewable and low carbon energy sources, and supporting infrastructure, where this would help secure the development of such sources; ● support community-led initiatives for renewable and low carbon energy, including developments outside such areas being taken forward through neighbourhood planning; and ● identify opportunities where development can draw its energy supply from decentralised, renewable or low carbon energy supply systems and for co-locating potential heat customers and suppliers. When determining planning applications, local planning authorities should: ● not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and ● approve the application if its impacts are (or can be made) acceptable. Once suitable areas for renewable and low carbon energy have been identified in plans, local planning authorities should also expect subsequent applications for commercial scale projects outside these areas to demonstrate that the proposed location meets the criteria used in identifying suitable areas. [End of extremely tedious pasted quote from NPPF]... In this particular case, my personal views and my professional views are the same, regardless of the sustainability benefits the siting, size and appearance of the panels is detrimental to the character of the Conservation Area, and that harm outweighs the benefits. But again this is a subjective balancing act between conservation issues and sustainable benefits. That's all you're getting from me ;-) |