Photovoltaic panel lighting rights dispute case

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Can I protect the access to sunlight to my solar panels?

Previously, the belief held by the court was that a panel on a roof was not a normal use of property and thus lay outside the rules governing rights of light. This is because solar panels usually sit on the roof of a building and have nothing to do with the quantity or quality of light reaching the interior of the building through its windows.

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About Photovoltaic panel lighting rights dispute case

About Photovoltaic panel lighting rights dispute case

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6 FAQs about [Photovoltaic panel lighting rights dispute case]

Should the amount of light falling on solar panels be a planning consideration?

This case marks the first time that the courts have determined that the amount of light falling on solar panels should be a consideration in planning. This raises important questions for the future development of taller buildings that overshadow solar panels.

Is interference with solar panels a material consideration?

The council planning officers determined that interference with solar panels was not a significant concern as it dealt with a private interest rather than a public interest that required protection through the planning process.

Is overshadowing of solar panels a material consideration in planning?

Overshadowing of solar panels is a significant factor in planning. The recent High Court ruling in William Ellis McLennan vs Medway Council and Ken Kennedy [2019] EWHC 1738 (Admin) has set a new precedent for planning and climate change law.

Who is responsible for a solar project in the UK?

Solar energy is expected to more than double by 2030 and will therefore continue to be a key part of the UK’s decarbonisation strategy. The main parties to solar projects will often include the: Developer (employer) – who obtains planning consent and finance for the project. Contractor – who is responsible for building the solar plant.

Who is involved in a solar project?

The main parties to solar projects will often include the: Developer (employer) – who obtains planning consent and finance for the project. Contractor – who is responsible for building the solar plant. Suppliers/manufacturers – who supply key plant and equipment used in the project, including panels, inverters and transformers.

Do Solar EPC contracts have performance issues?

Performance issues and disputes will invariably arise from time to time. Solar EPC contracts generally provide fixed dates for project completion.

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