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

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Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    metron said:
    nebula18 said:
    It's quite clear the OP's issue is that these people had the audacity to not seek his approval and do things differently than the usual in "this village". 
    Missing the point entirely, sunshine!  The problem isn't not seeking my approval - it's not complying with the law and seeking planning approval.  Do keep up.
    Have you actually contacted the planning enforcement team yet?
  • Adsta
    Adsta Posts: 91 Forumite
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    I'm late to the party... But I don't understand why you think planning permission is required for it?

    For smaller (ala most homes) for AC planning permission as long as: 
    • The external unit is not installed on a pitched roof
    • There is no wind turbine at the property
    • The external unit is not installed within 1 metre of the edge of a flat roof
    • The volume of the external compressor unit is not more than 0.6m³
    • The external unit is more than 1 metre away from the boundary of the property
    I've done AC installs historically (not in the last few years as moved in career) but I have never encountered needed planning permission unless its like a listed property.

  • metron
    metron Posts: 69 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Adsta said:
    I'm late to the party... But I don't understand why you think planning permission is required for it?

    For smaller (ala most homes) for AC planning permission as long as: 
    • The external unit is not installed on a pitched roof
    • There is no wind turbine at the property
    • The external unit is not installed within 1 metre of the edge of a flat roof
    • The volume of the external compressor unit is not more than 0.6m³
    • The external unit is more than 1 metre away from the boundary of the property
    I've done AC installs historically (not in the last few years as moved in career) but I have never encountered needed planning permission unless its like a listed property.

    Those are the widely misquoted conditions plastered across the net as a result of sellers misusing the legislation first brought in by The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2011):

    https://www.planningportal.co.uk/info/200130/common_projects/27/heat_pumps/2

    It applies only to air source heat pumps, and even then it's very restricted as to what's covered - see below.  A lot of people buying aircon units are being conned by sellers into thinking they don't need planning permission, but they do.  There's absolutely no exemption for  aircon units.


    Limits to be met:

    • Development is permitted only if the air source heat pump installation complies with the Microgeneration Certification Scheme Planning Standards (MCS 020) or equivalent standards. Read more about the scheme
    • The volume of the air source heat pump’s outdoor compressor unit (including housing) must not exceed 0.6 cubic metres
    • Only the first installation of an air source heat pump would be permitted development, and only if there is no existing wind turbine on a building or within the curtilage of that property. Additional wind turbines or air source heat pumps at the same property requires an application for planning permission
    • All parts of the air source heat pump must be at least one metre from the property boundary
    • Installations on pitched roofs are not permitted development. If installed on a flat roof all parts of the air source heat pump must be at least one metre from the external edge of that roof
    • Permitted development rights do not apply for installations within the curtilage of a Listed Building or within a site designated as a Scheduled Monument
    • On land within a Conservation Area or World Heritage Site the air source heat pump must not be installed on a wall or roof which fronts a highway or be nearer to any highway which bounds the property than any part of the building
    • On land that is not within a Conservation Area or World Heritage Site, the air source heat pump must not be installed on a wall if that wall fronts a highway and any part of that wall is above the level of the ground storey.

    In addition, the following conditions must also be met. The air source heat pump must be:

    • Used solely for heating purposes
    • Removed as soon as reasonably practicable when it is no longer needed for microgeneration
    • Sited, so far as is practicable, to minimise its effect on the external appearance of the building and its effect on the amenity of the area.
  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 18 August 2021 at 3:04PM
    Got to be honest - I was sceptical that OP was right and all these air conditioning companies were wrong, but... 

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

    (Though that is a Conservation Area)

    But have you actually spoken to anyone yet, OP?
  • metron
    metron Posts: 69 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    metron said:
    The op seems to know an awful lot about what the local authority thinks about the planning of things. 

    Maybe a change of career is in order for you to console hysterical women and tell off people who dare try and improve their properties, It is also not down to you to ask your neighbours what they think before they undertake works. Unless you are paying for it, its not up to you.

    I hope the local authority grants them retrospective planning for this box that we are all dying to see and you realise that there is other problems rather than a box on a wall.

    You're right - it isn't up to me.  But it is up to the planning authority, and the fact is that as it stands it's been illegally installed without consent.  And the planning process requires consultation with neighbours, which is precisely why anyone with any commonsense consults first with neighbours.  That's what normally happens in small villages, but I appreciate that it may not happen in conurbations where neighbours may not know each other.

    I don't need a change of career, by the way.  TCPA 1947 and its successors a speciality!
    What do you plan to do when this box on the wall gets retrospective planning permission?

    Chances are it will because you saying you don't like it is going to hold no weight with the local planning authority.

    Are you then going to complain about the colour of their front door, or the colour of their curtains?

    The neighbours had no obligation to consult you about any works they are doing to their property. It is none of your business what they choose to do with their property.

    You are using the air con/heat pump as a smoke screen to your real issue which is with your neighbours not "being local"
    Troll all you like, but do read up a little on the law and its application first.

    By the way, this has nothing to do with being 'local' or not - whatever that means. Are you from Royston Vasey?  Most of the village aren't local - we come from all over the country.  And said neighbour has over recent years carried out all sorts of structural changes to the exterior of the house, some of which have probably required planning consent, without a single objection - good luck to him.  This however is different, and since even permitted development rights for air source heat pumps require it to be 'Sited, so far as is practicable, to minimise its effect on the external appearance of the building and its effect on the amenity of the area.' I don't think there's much doubt about the outcome of a retrospective planning application.

    Do your homework before you sound off about a subject you clearly know nothing about.    B)
  • RelievedSheff
    RelievedSheff Posts: 12,579 Forumite
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    metron said:
    metron said:
    The op seems to know an awful lot about what the local authority thinks about the planning of things. 

    Maybe a change of career is in order for you to console hysterical women and tell off people who dare try and improve their properties, It is also not down to you to ask your neighbours what they think before they undertake works. Unless you are paying for it, its not up to you.

    I hope the local authority grants them retrospective planning for this box that we are all dying to see and you realise that there is other problems rather than a box on a wall.

    You're right - it isn't up to me.  But it is up to the planning authority, and the fact is that as it stands it's been illegally installed without consent.  And the planning process requires consultation with neighbours, which is precisely why anyone with any commonsense consults first with neighbours.  That's what normally happens in small villages, but I appreciate that it may not happen in conurbations where neighbours may not know each other.

    I don't need a change of career, by the way.  TCPA 1947 and its successors a speciality!
    What do you plan to do when this box on the wall gets retrospective planning permission?

    Chances are it will because you saying you don't like it is going to hold no weight with the local planning authority.

    Are you then going to complain about the colour of their front door, or the colour of their curtains?

    The neighbours had no obligation to consult you about any works they are doing to their property. It is none of your business what they choose to do with their property.

    You are using the air con/heat pump as a smoke screen to your real issue which is with your neighbours not "being local"
    Troll all you like, but do read up a little on the law and its application first.

    By the way, this has nothing to do with being 'local' or not - whatever that means. Are you from Royston Vasey?  Most of the village aren't local - we come from all over the country.  And said neighbour has over recent years carried out all sorts of structural changes to the exterior of the house, some of which have probably required planning consent, without a single objection - good luck to him.  This however is different, and since even permitted development rights for air source heat pumps require it to be 'Sited, so far as is practicable, to minimise its effect on the external appearance of the building and its effect on the amenity of the area.' I don't think there's much doubt about the outcome of a retrospective planning application.

    Do your homework before you sound off about a subject you clearly know nothing about.    B)
    Do let us know how you get on with your planning objections.

    We will all be waiting with bated breath to hear the outcome.

    I genuinely doubt it will be in your favour. (Working with local authority planning departments is part of my job!)
  • Adsta
    Adsta Posts: 91 Forumite
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    edited 18 August 2021 at 3:15PM

    But even from that link most of what I indeed copied and pasted is still valid. The only addition I can see from you point of view, and I'm guessing the thing you are looking at is:

    • Sited, so far as is practicable, to minimise its effect on the external appearance of the building and its effect on the amenity of the area.
    But how do you know where it is now is the most practicable place for them? 

    Personally I'd agree that if possible it should have been installed at ground level. When I did the installs I would always try and advocate that as it makes it easier to maintain the outdoor units.

    BUT its not always practical to put it at ground level, possible ugly trunking would have to go down the side of the wall. Access might not be possible etc etc. 

    Even then in the link you provided it states:

    From 1 December 2011 the installation of an air source heat pump on domestic premises is considered to be permitted development, not needing an application for planning permission, provided ALL the limits and conditions listed below are met.

  • metron
    metron Posts: 69 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Adsta said:

    But even from that link most of what I indeed copied and pasted is still valid. The only addition I can see from you point of view, and I'm guessing the thing you are looking at is:

    • Sited, so far as is practicable, to minimise its effect on the external appearance of the building and its effect on the amenity of the area.
    But how do you know where it is now is the most practicable place for them? 

    Personally I'd agree that if possible it should have been installed at ground level. When I did the installs I would always try and advocate that as it makes it easier to maintain the outdoor units.

    BUT its not always practical to put it at ground level, possible ugly trunking would have to go down the side of the wall. Access might not be possible etc etc. 


    It's valid - but not for aircon units, I'm afraid.  They're simply not covered by the exemption and you have to apply for PP.  Which means they can be refused altogether.
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