Neighbours Loft Extension Reducing my PV Output

michaels

Title says it all really.  Luckily I have individual panel optimisers so it is only hurting some of the panels rather than a whole string but I suspect of order 15% pa output lost so perhaps £100 of FIT plus the value of the output.

But my question is, the loft was permitted development so there was no option to object via a planning application.  Too late now but is there anything anyone in a similar position can do to protect their PV output?  Thanks

QrizB

I think the short answer is no, there isn't.

Screwdriva

Do you have legal cover as part of your home insurance? If so, I would recommend contacting them to see if bringing a civil claim for lost earnings has a greater than 50% chance of success. If it does, they will proceed to attempt to recover some funds for you at no cost to you.

Be prepared to furnish proof of past earnings and proof of lost future earnings.  (This would be much harder without optimizers and is yet another reason to recommend them)

It may eventually result in an offer to settle being made. I would suggest taking it so as to not permanently damage neighbourly relationships. 

Qyburn

Not directly relevant but related, we now have existing windfarm operators trying to claim against newly built windfarms that they claim are reducing their output.

Heedtheadvice

Any chance you can move the panels affected to a better location?

molerat

Surely this is just an extension of the old "no right to light" argument ?

JKenH

Over the 7 years I have had my panels, two sycamore trees in gardens across the road grew significantly such that they affected the early morning output of panels on my ENE facing roof. I would have liked to say something but I value neighbourly relations more than a few quid of generation. Anyway, at the end of last year, first one neighbour then the other chopped down their trees at a cost in excess of £1k each. If you like your neighbours keep quiet. If you don’t then you could make a fuss but I doubt you’ll get any financial compensation, just a lot of unnecessary stress and a neighbour who doesn’t talk to you. Best just accept it, I think, and worry instead about things that matter, like the earth catching fire.

One thing to bear in mind before formally complaining is that if you sell your house you probably would have to declare it in the Seller's Property Information Form (TA6).

NedS

Overshadowing is a consideration for planning, where planning consent is required.

See the following High Court case where planning permission was subsequently overruled as the planners had failed to take into account the effect overshadowing a neighbours solar panels:

https://delvapatmanredler.co.uk/insights/high-court-ruling-on-solar-panel-overshadowing-could-have-implications-for-common-law-rights-of-light/

michaels

NedS said:

Overshadowing is a consideration for planning, where planning consent is required.

See the following High Court case where planning permission was subsequently overruled as the planners had failed to take into account the effect overshadowing a neighbours solar panels:

https://delvapatmanredler.co.uk/insights/high-court-ruling-on-solar-panel-overshadowing-could-have-implications-for-common-law-rights-of-light/

I saw that one too, but for us because the loft extension was permitted development there was no planning process/permission.  Not sure if neighbours have any right to object to permitted development or what the process would be.

JKenH

Planning permission doesn’t negate a claim in nuisance but the remedy is likely to be restricted to financial damages. You are unlikely to be able to get the extension removed if within PD rights. What would you like to achieve? Pursuing damages from your neighbour may sour your relationship with your neighbours and other neighbours will probably take sides. That could impact on your whole family. 

Did your neighbours tell you in advance what they were planning and if so did you voice any concerns?

michaels

JKenH said:

Planning permission doesn’t negate a claim in nuisance but the remedy is likely to be restricted to financial damages. You are unlikely to be able to get the extension removed if within PD rights. What would you like to achieve? Pursuing damages from your neighbour may sour your relationship with your neighbours and other neighbours will probably take sides. That could impact on your whole family. 

Did your neighbours tell you in advance what they were planning and if so did you voice any concerns?

They did tell us what they planned.  I had to insist on a party wall surveyor (who did not mention the issue) but it did not occur to me that the impact on the panels would be so large.  SO I agree it is probably too late for me to do anything.  I have about 10 more years of FIT so the financial loss is probably of order £1000 total so not worth going to court over and I am unsure whether to even mention it to the neighbours or not.

I was more wondering if I had realised before, whether there was anything I could have done but suspect it would have been the same situation, the neighbours could have gone ahead anyway under permitted development and I would have had the option to go to court for damages or not.