require the Secretary of State to extend permitted development status to small
renewable energy developments and issue guidance to planning authorities in
connection with such developments; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Duty to amend Permitted Development Order
The Secretary of State shall by order amend Schedule 2 to the Town and
Country Planning (General Permitted Development) Order 1995 (S.I. 1995/
418) to provide that a “small renewable energy development” is classed as a
permitted development within the meaning of that Order.
A development is a “small renewable energy development” if it meets the
criteria set out in subsections (3) and (4).
The first criterion is that the source of energy or the technology is one of the
The second criterion is that the capacity of the development is the generation
of electricity of such maximum amount as the Secretary of State shall (subject
to subsection (5)) determine.
Before determining a maximum amount for the purposes of subsection (4) the
Secretary of State shall—
consult bodies representing local authorities and such other persons as
he considers appropriate; and
satisfy himself that the visual and noise effects of developments of or
below the maximum capacity to be determined are either—
no greater than those created by other developments already
afforded permitted development status.
In making an order under subsection (1), the Secretary of State may make
provision about conditions relating to the environmental impact of a small
renewable energy development that need to be met in order for it to be classed
as a permitted development, including, in particular, provision about
visual appearance, and
The power of the Secretary of State to make an order under this section is
exercisable by statutory instrument.
An order under this section shall be laid before Parliament after being made
and is subject to annulment in pursuance of a resolution of either House of
In this section “permitted development” means development permitted under
the Town and Country Planning (General Permitted Development) Order 1995
(S.I. 1995/418) and “permitted development status” shall be construed
The Secretary of State shall, within 12 months of the passing of this Act, issue
guidance to all planning authorities specifying ways in which they might
encourage, promote and facilitate small renewable energy developments.
“planning authority” has the same meaning as in section 1 of the Town
and Country Planning Act 1990 (c. 8);
“small renewable energy developments” shall be construed in accordance
with the provisions of section 1.
This Act may be cited as the Small Renewable Energy Developments
(Permitted Development) Act 2005.
This Act extends to England and Wales only.