High Court Sheds Light On Solar Panels

In a decision handed down last month, Lane J had to grapple with an issue which is certain to trouble the courts again in the coming months and years. That issue was climate change and, on this occasion, whether it amounted to a material consideration for the purposes of a planning application. The specific question for the judge was the extent to which the planning system could be used to protect solar panels on a residential property from overshadowing by a neighbouring development.

The dispute

R (on the application of William Ellis McLennan) v Medway Council [2019] EWHC 1738 (Admin); [2019] PLSCS 130 involved an application by William McLennan for judicial review of a planning permission granted by the council allowing his neighbour, Ken Kennedy, to extend his property. McLennan argued that Medway Council had failed to give proper consideration to the effect Kennedy's extension would have on the solar panels on his property. The solar panels had been installed on the south-facing wall of McLennan's home in Rochester, Kent. Kennedy's planning permission was for the construction of an extension to his property, which included the erection of a dormer window at the northern end. McLennan said this would reduce the amount of sunlight reaching his solar panels. He went on to say that the performance of his entire solar energy system would be compromised if the extension were allowed to go ahead.

Medway Council had to consider whether the potential impact of the extension on the solar panels amounted to a material consideration for the purposes of the planning application. Officers focused largely on whether the protection of the solar panels amounted to a purely private interest or could be considered the protection of the public interest. The council decided this was a private interest and, as such, not a material consideration for the purposes of its decision. Unhappy with this decision, McLennan sought judicial review.

The decision

In a detailed judgment handed down on 10 July 2019, Lane J had to deal with the central question of whether the interference with solar panels on a private residential property could amount to a material consideration. He looked carefully at the Medway Local Plan as well as the National Planning Policy Framework and noted that both recognised the positive contribution that small-scale renewable energy schemes could make to climate change. He noted that the law requires development plans to include policies...