Air conditioning unit on side of neighbour's house - best approach?

Adsta

Doc_N said:

Love these discussions! The OP is right on the law though, whatever the moral issues. You’re misunderstanding the guidance actually. It applies only to heat pumps used solely for heating purposes. An air conditioning unit simply isn’t covered, because it’s not a heat pump used solely for heating purposes.

Quite the reverse in fact, and the planning changes were brought in to encourage the production of green energy. Not extraordinarily ungreen AC systems.

That's my mistake indeed for including AC. Most the units I installed were Air Heat Pumps so for heat and cooling, just most people tended to still call them AC's.

As AC and Heat Pump outdoor units do look very similar. How does the OP know it is solely a AC unit? 

pinkteapot

Gavin83 said:

Doc_N said:

In the neighbours situation I'd let them lodge the complaint with the council and take the risk. As mentioned by you, if it does need planning permission then it'll be a problem when I came to sell in the future so ultimately whether it's moved or not that application will need to be made.

I think it's entirely possible the council won't really care and even if they did I expect retrospective planning permission would be granted, objections or no objections.

I'm interested in the outcome of this as I'm also considering aircon in the house we're buying. I will however speak to the council first.

This council cared, and the homeowner has to remove the AC: 

https://www.watfordobserver.co.uk/news/18224592.homeowner-must-remove-air-conditioners-no-planning-permission/

That is however in a Conservation Area. Though the house isn't particularly attractive so I'm not sure the AC made it much worse. Feels like a bit of an over-reaction.  

"If left unenforced by the council, this would have led to the gradual deterioration of the character of the Batchworth Heath Conservation Area, one of many special areas within Three Rivers"

Really? Would it? 

Agree with previous posters that it seems like a storm in a teacup. Our neighbour put a tall trampoline up against the fence between us and I constantly noticed it at first because the normal view had changed (can see it straight through our lounge window). As others said, you just get used to it. 

AdrianC

pinkteapot said:

This council cared, and the homeowner has to remove the AC: 

https://www.watfordobserver.co.uk/news/18224592.homeowner-must-remove-air-conditioners-no-planning-permission/

That is however in a Conservation Area. Though the house isn't particularly attractive so I'm not sure the AC made it much worse. Feels like a bit of an over-reaction.  

"If left unenforced by the council, this would have led to the gradual deterioration of the character of the Batchworth Heath Conservation Area, one of many special areas within Three Rivers"

Really? Would it? 

That conservation area is a very small area indeed, with very few properties. The heath itself, and the view from it, is what is being conserved.

https://www.threerivers.gov.uk/download?id=31747


This is the property in question...
https://goo.gl/maps/1XDSgScudTuMuddJ6

Gavin83

pinkteapot said:

Gavin83 said:

Doc_N said:

In the neighbours situation I'd let them lodge the complaint with the council and take the risk. As mentioned by you, if it does need planning permission then it'll be a problem when I came to sell in the future so ultimately whether it's moved or not that application will need to be made.

I think it's entirely possible the council won't really care and even if they did I expect retrospective planning permission would be granted, objections or no objections.

I'm interested in the outcome of this as I'm also considering aircon in the house we're buying. I will however speak to the council first.

This council cared, and the homeowner has to remove the AC: 

https://www.watfordobserver.co.uk/news/18224592.homeowner-must-remove-air-conditioners-no-planning-permission/

That is however in a Conservation Area. Though the house isn't particularly attractive so I'm not sure the AC made it much worse. Feels like a bit of an over-reaction.  

"If left unenforced by the council, this would have led to the gradual deterioration of the character of the Batchworth Heath Conservation Area, one of many special areas within Three Rivers"

Really? Would it? 

Agree with previous posters that it seems like a storm in a teacup. Our neighbour put a tall trampoline up against the fence between us and I constantly noticed it at first because the normal view had changed (can see it straight through our lounge window). As others said, you just get used to it. 

I expect the issue there (besides the conservation area) was that they were placed on the front of the house, or at least the side of the house on the main road.

The OP seems to think they'll talk to the neighbours and they'll willingly move it but I feel this is unlikely given the cost and the fact they'll have chosen that location for a reason. However until the OP actually talks to the neighbours and/or the council most of this thread is just hearsay.

metron

AdrianC said:

Doc_N said:

The OP is right on the law though

Yes, he is.

But he seems unwilling to act on that, by bringing the lack of PP to the one group of people who can do anything at all about it.

Just to update you on that, I've now spoken to the local authority (without providing name or address details - I still intend to resolve this without invoking enforcement action by Planning if possible).

They confirm what I already knew - there is no exemption at all for air conditioning units, and planning permission has to be sought in the ordinary way.  That applies to all areas, and not just Conservation Areas.

The only exemption (via Permitted Development rights - and some houses have had those removed) is for heat pumps used solely for heating purposes.

What was interesting was the comment that they were aware of the misinformation being put about online by companies selling the units, and they were actually keen to make an example of people ignoring planning by taking enforcement action.  They were positively begging me to make a complaint!

I won't at this stage, because I still think it can be resolved by negotiation.  We actually get on very well with our neighbours, and I can't see us falling out over this.  Need to get the timing of a chat right, with both husband and wife when they're both at home, and that might take a few days.

ciderboy2009

OP - You probably won't believe this but you need to be aware that it's highly likely that retrospective permission will be granted regardless of any objections you raise.  The council won't risk the expense of enforcement proceedings for something as minor as this.

Also bear in mind that your neighbour will see any objections you raise so will more than likely be able to work out that it was you who reported them.

We had neighbours build a massive extension without planning permission.  We weren't bothered by it but another neighbour logged a complaint with the council.

They were told to apply for retrospective permission.  They did so, and the application was rubber stamped despite breaking various rules and there being 3 or 4 objections raised.

One other thought - how well do you know the neighbours?  Are you certain that they've installed the AC for comfort purposes rather than something like a medical reason?

Slinky

Even if they refuse permission, it's possible the neighbour will just ignore the refusal anyway. Our local council refused retrospective permission for somebody who had put a garage door on a carport as it made any car parked on the drive overhang the pavement. Must have been at least 10 years ago and the door is still there. Maybe they will remove it if they decide to sell.  Loads of other neighbours on the same estate have done the same thing.

Your neighbour could just ignore them.  Councils don't have vast amounts of money to go round sorting these things out for 'minor' infringements.

980233

metron said:

AdrianC said:

Doc_N said:

The OP is right on the law though

Yes, he is.

But he seems unwilling to act on that, by bringing the lack of PP to the one group of people who can do anything at all about it.

Just to update you on that, I've now spoken to the local authority (without providing name or address details - I still intend to resolve this without invoking enforcement action by Planning if possible).

They confirm what I already knew - there is no exemption at all for air conditioning units, and planning permission has to be sought in the ordinary way.  That applies to all areas, and not just Conservation Areas.

The only exemption (via Permitted Development rights - and some houses have had those removed) is for heat pumps used solely for heating purposes.

What was interesting was the comment that they were aware of the misinformation being put about online by companies selling the units, and they were actually keen to make an example of people ignoring planning by taking enforcement action.  They were positively begging me to make a complaint!

I won't at this stage, because I still think it can be resolved by negotiation.  We actually get on very well with our neighbours, and I can't see us falling out over this.  Need to get the timing of a chat right, with both husband and wife when they're both at home, and that might take a few days.

You get on so well with them that the sight of a white (ac/air source) unit seen from your brickless glass house has your wife in floods of tears. Jackonary.

Chumy

This thread just made my day!
OP is so sure of the outcome

No additional advice required

metron

ciderboy2009 said:

OP - You probably won't believe this but you need to be aware that it's highly likely that retrospective permission will be granted regardless of any objections you raise.  The council won't risk the expense of enforcement proceedings for something as minor as this.

Also bear in mind that your neighbour will see any objections you raise so will more than likely be able to work out that it was you who reported them.

We had neighbours build a massive extension without planning permission.  We weren't bothered by it but another neighbour logged a complaint with the council.

They were told to apply for retrospective permission.  They did so, and the application was rubber stamped despite breaking various rules and there being 3 or 4 objections raised.

One other thought - how well do you know the neighbours?  Are you certain that they've installed the AC for comfort purposes rather than something like a medical reason?

Perhaps, but bearing this in mind, they seem very keen on enforcement - I imagine attitudes vary according to where you live, and in this area units like this are very unusual indeed. I've never seen one on a domestic property, and the one next door has become a bit of a local talking point because of its visibility as you walk by:

"What was interesting was the comment that they were aware of the misinformation being put about online by companies selling the units, and they were actually keen to make an example of people ignoring planning by taking enforcement action.  They were positively begging me to make a complaint!"

We know the neighbours pretty well - good relations.  I have no intention of going behind their back with Planning - if I do that it will be openly, and with their full knowledge.  Planning objections are a commonplace - nothing unusual at all.  It's a rural area and people aren't keen on eyesores, and neither are the planners.

It's definitely an AC - and the reasons for the installation are known, and not medical.