Solar panels have a right to light

By Katherine Evans2019-09-05T05:00:00

Overshadowing of solar panels has been ruled to be a material consideration 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. The local authority had granted planning permission for an extension even though it would block sunlight falling on a neighbour’s solar panels, only for this to be challenged in court and for the judge to overturn the planning permission on the basis that the electricity generated by solar PV panels was helping to mitigate climate change. This is the first time that the courts have determined that the amount of light falling on solar panels should be a planning consideration.

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