1.
SUMMARY
1.1 Prior
Approval is sought for the installation of solar photovoltaics (PV)
equipment on the roof of a Class E commercial building (Maxis
1).
1.2 The
proposal complies with the criteria set out in Paragraph J.1 of Class J, Part 14 Schedule 2 of the Town and
Country Planning (General Permitted Development) (England) Order
2015 (as amended). Prior approval is therefore not
required.
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RECOMMENDATION
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The Assistant Director: Planning be
recommended to grant Prior
Approval for the design or external appearance of the
development as set out in Section 12 of this report.
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2.
PLANNING STATUS AND SITE DESCRIPTION
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PLANNING
STATUS
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Within settlement boundary
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Within Defined Employment Area (Western
Business Area)
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2.1 Maxi2.1
Maxis 1 is a commercial building within the wider Maxis business
park. The building is accessed from Western Road.
3.
REASON FOR REPORTING THE APPLICATION TO THE ADVISORY
PLANNING COMMITTEE
3.1 The
application has been submitted under the prior approval procedure
and therefore requires determination within 56 days. The 56 day
determination timeframe expires before the date of the February
2022 Advisory Committee and therefore (if required) this proposal
needs to be put before the January Advisory Committee.
4.
RELEVANT SITE HISTORY
4.1 The
relevant site history can be summarised as follows:
21/00009/PAS
Application for prior
approval for the installation of roof mounted 52.5kW Solar
Panels.
Approved 2021
5. THE
PROPOSAL
5.1 Prior
approval is sought for the installation of PV panels in accordance
with Class J of Part 14 Schedule 2 of the Town and Country Planning
(General Permitted Development) (England) Order 2015 (as
amended).
5.2 The
proposed panels would be installed on a flat roof, covering
approximately 2470 square metres.
6.
REPRESENTATIONS RECEIVED
Bracknell
Town Council
6.1 Comments
to be reported in supplementary report.
Other
representations
6.2 No letters
of objection have been received yet. Any subsequent comments will
be reported in the supplementary report.
7. SUMMARY
OF CONSULTATION RESPONSES
Environmental
Health
7.1 No
objection
8.
PRINCIPLE OF DEVELOPMENT
8.1 In
assessing this type of prior approval application, the Local
Planning Authority can only assess the design or external
appearance of the development, in particular the impact of glare on
occupiers of neighbouring land.
8.2 If there
are no implications associated with these matters, the development
is considered to be permitted development.
9.
RELEVANT LEGISLATION
9.1 Class J of
Part 14 Schedule 2 of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (as amended) allows
development consisting of the installation or alteration etc of
solar equipment on non-domestic premises.
9.2 Class J(c)
allows for the installation, alteration or replacement of solar PV
equipment (other than microgeneration) on the roof of a
building.
9.3 Paragraph
J.1 states that development is not permitted by Class J if:
(a) The
solar PV equipment or solar thermal equipment would be installed on
a pitched roof and would protrude more than 0.2 metres beyond the
plane of the roof slope when measured from the perpendicular with
the external surface of the roof slope;
(b) The
solar PV equipment or solar thermal equipment would be installed on
a flat roof, where the highest part of the solar PV equipment would
be higher than 1 metre above the highest part of the roof
(excluding any chimney);
(c)
The solar PV equipment or solar thermal equipment would be
installed on a roof and within 1 metre of the external edge of that
roof;
(d) In the
case of a building on article 2(3) land, the solar PV equipment or
solar thermal equipment would be installed on a roof which fronts a
highway;
(e) The
solar PV equipment or solar thermal equipment would be installed on
a site designated as a scheduled monument; or
(f) The solar
PV equipment or solar thermal equipment would be installed on a
listed building or on a building within the curtilage of a listed
building.
9.4 Paragraph
J.3 states that development is not permitted by Class J(c) if the
capacity of the solar PV equipment installed (together with any
solar PV equipment installed under Class J(b)) to generate
electricity exceeds 1 megawatt.
9.5 Paragraph
J.4(1) states that development under Class J is permitted under the
following conditions:
(a) The
solar PV equipment or solar thermal equipment must, so far as
practicable, be sited so as to minimise its effect on the external
appearance of the building and the amenity of the area; and
(b) The
solar PV equipment or solar thermal equipment is removed as soon as
reasonably practicable when no longer needed.
9.6 Paragraph
J.4(2) states that development under Class J is permitted subject
to the condition that before beginning the development, the
developer must apply to the local planning authority for a
determination as to whether the prior approval of the authority
will be required as to the design or external appearance of the
development, in particular the impact of glare on occupiers of
neighbouring land.
9.7 Paragraph
J.4(10) states that the development must be carried out –
(a) Where
prior approval is required, in accordance with the details approved
by the local planning authority;
(b) Where
prior approval is not required, in accordance with the details
provided in the application.
10.
ASSESSMENT
10.1
With regard to the criteria set out in paragraph J.1:
(a) The
solar PV equipment would not be installed on a pitched roof;
(b) The
solar PV equipment would be installed on a flat roof, and the
highest part of the solar PV equipment would not be higher than 1
metre above the highest part of the roof;
(c)
The solar PV equipment would be installed on a roof and more that 1
metre from the external edge of that roof;
(d) The
building is not on article 2(3) land;
(e) The
site is not designated as a scheduled monument;
(f) The
building is not listed nor is it within the curtilage of a listed
building.
10.2
With regard to the criteria set out in paragraph J.3:
The solar PV equipment
would not generate electricity in excess of 1 megawatt (the
development would generate approximately 99.6kW).
10.3
With regard to the conditions listed in paragraph J.2:
The solar panels are to be
installed no more than 1m above roof height. The roof is flat and
would therefore not orient the panels towards neighbouring
residential properties.
Photovoltaic panels are
expected to produce less glare than a standard window. It is
considered that the height of the building that will house the
solar panels is greater than all nearby residential properties and
as such should not result in unacceptable glare during the day. It
also appears that nearby commercial properties are of similar
height to and not exceeding that of the proposed building and as
such significant glare/glint impact is not anticipated.
11.
CONCLUSION
11.1
The proposal complies with the criteria set out within Class J,
Part 14, Schedule 2 of the Town and Country Planning (General
Permitted Development) (England) Order 2015 (as amended).
11.2
An assessment has been made of the proposal and it is considered
that sufficient information has been provided with the application
and therefore prior approval is not required from the LPA.
12.
RECOMMENDATION
12.1
The Assistant Director: Planning be recommended to confirm PRIOR
APPROVAL IS NOT REQUIRED for the design or external appearance
of the development.
Informative(s):
01.
The development must be carried out in accordance with the
following details provided in the application received by the LPA
on 15.12.21:
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Application Form
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Covering Letter
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Location Plan
Doc.
Ref:Uniform
7/DC/Agenda
The application
file to which this report relates can be viewed on-line at the
Council's Time Square office during office hours or online at
www.bracknell-forest.gov.uk
