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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
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    • CommentAuthorEmmaG
    • CommentTimeMar 28th 2012
     
    Thank you for all your offers of help - it is lovely to have your support.
    to clarify:
    The initial letter we had asked us to remove the panels / apply for retrospective planning and gave us 28 days.
    There have been a couple of exchanges of emails since resulting in the response from them which I posted here. That also said we had 21 days to act or they would decide whether to take legal action - so I presume this is a formal enforcement notice??
    I would be happy to post some photos for you to look at - will have to take them tomorrow as scaffolding only came down today!
    •  
      CommentAuthorted
    • CommentTimeMar 29th 2012 edited
     
    NPPF definitely cancels all the PPS's - apart from PPS10 (waste). I went through the list and checked them all yesterday.

    All the documents that are replaced by the NPPF are listed in Annex 3.
    • CommentAuthorJoiner
    • CommentTimeMar 29th 2012
     
    Thanks Ted. About to go through it so you've saved me some time. :bigsmile:
    • CommentAuthorSteveZ
    • CommentTimeMar 29th 2012
     
    My PV 'permission' was achieved by a council-provided form on which I added a sketch showing roads, site orientation, distances to boundaries and proposed panel positions to the council accompanied by a cheque for £30. The permission was granted by letter, but not absolutely - that would be another £70. Great system, eh?
    •  
      CommentAuthorJSHarris
    • CommentTimeMar 29th 2012
     
    Whilst normal planning permission is a service that local authorities are mandated to provide, with a scale of charges that are intended to wholly defray the costs of providing the planning service when averaged across all services it provides, other services, like pre-planning advice and dealing with things like PD enquiries are deemed to be "discretionary services" and the local authority can charge what they like for them. My LA wanted to charge me £90 for a telephone call to a planning officer, to discuss the detail of an approved application, for example.

    Now that LAs are getting increasingly cash-strapped they are trying to maximise income from discretionary services as much as they can. Pretty much like any other business, they are are seeking to charge whatever they think the market can bear and they are free to do this as they are self-governing with regard to these services.
    • CommentAuthorsnyggapa
    • CommentTimeMar 29th 2012
     
    GavinA >btw - the term 'practicable' or 'reasonably practicable' has been a common term in UK law, mostly health and safety and environmental law, since the late 1940's, with it's meaning confirmed as including a cost/benefit analysis in the case of Edwards v National Coal Board 1949.

    The so far as practicable in this legislation here definitely refers to the actual siting of the solar panels, and can only mean that if no other option is reasonably practicable, then the installing panels on the front of the roof is permitted development.

    --

    Can someone do a quick calc of your PV prediction (I guess panels, slope and orientation - and should match figues given by your installer) and then the same calc on the opposite elevation.

    Could in theory give you a very quick cast iron reason why it's only "practical" on the elevation that they are on..

    -Steve
    • CommentAuthorGavin_A
    • CommentTimeMar 29th 2012
     
    the word is 'practicable' not 'practical', which is an important distincation as practicable has been tested through the courts and does incorporate financial aspects rather than just what is physically possible.

    I can do the PV calc no problem, but need the data to work with on the exact orientation, slope angle, shading impact etc.
    • CommentAuthorEmmaG
    • CommentTimeMar 29th 2012
     
    RIght, have taken some photos... bear with me while I attempt to upload them...
    This 1st one should be the front elevation from across the main highway!
    (if you can spot the panels!)
    • CommentAuthorEmmaG
    • CommentTimeMar 29th 2012
     
    This picture is the view of the panels (front & side) as you walk along the main highway
    nb - there are no houses along the other side of the road
    excuse neighbours bins!
    • CommentAuthortony
    • CommentTimeMar 29th 2012
     
    What is all the fuss about?
    • CommentAuthorEmmaG
    • CommentTimeMar 29th 2012
     
    The front elevation is basically west facing, the side elevation is Southerly
    The picture below is of the North facing slope (which would actually be more visible along the highway if thats whats troubling them) & it gets no sun! - as you can see from the shadow
    • CommentAuthorEmmaG
    • CommentTimeMar 29th 2012
     
    Finally, I have taken a photo from the pont where I think the panels are at the most visible angle as you walk along the higway. You may see them for all of about 5 secs whilst passing the end of the side street at walking pace!

    What do you reckon? Hardly a monstrosity?
    • CommentAuthorEmmaG
    • CommentTimeMar 29th 2012 edited
     
    .
    •  
      CommentAuthorted
    • CommentTimeMar 29th 2012
     
    Pictures can sometimes be deceptive but those are quite possibly the least obtrusive solar panels I have ever seen.
    • CommentAuthorEd Davies
    • CommentTimeMar 29th 2012 edited
     
    I really hope you don't let the planners or the original busybody get away with this.

    Posted By: EmmaG: “That also said we had 21 days to act or they would decide whether to take legal action - so I presume this is a formal enforcement notice??”

    Doesn't sound like it. The introductory text to the third document linked on this page:

    http://www.planningportal.gov.uk/planning/appeals/enforcementappeals

    (“How to complete your enforcement appeal form”)

    says:

    “We must receive your enforcement appeal before the date on which the notice
    takes effect. This date should be shown on your enforcement notice and should
    be at least 28 days from when the enforcement notice was served on you.”

    So if it really was 21 days, not 28, then it's not a proper enforcement notice.
  1.  
    21 days could be the required response time to a Planning Contravention Notice.
    You would know if you had one of these though because you would have a big bundle of papers with
    "Planning Contravention Notice" at the top.

    If you have had one these contact me privately.

    It is not a formal Enforcement Notice. They have to serve an Enforcement Notice on you as a legal document - i.e. they have to hand it to you in person.

    These panels do not need permission.

    Are you in a Conservation Area? they may not be aware of the amendment that allows PV on a roof-slope in a Conservation Area. But they do not seem to claiming that this is the problem. I am really struggling to understand why they have taken this tack. The only explanation I can think of is that the Enforcement Officer is acting on their own 'initiative' and has not consulted a qualified Planning Officer or any senior members of staff.
    Either that or they are being put under pressure behind the scenes by a Local Councillor, which is downright corrupt if you ask me.

    If you want to email me copies of all the documentation you have received so far I would love to have a look and possibly get involved (unless you would rather i keep my big nose out...)
    • CommentAuthorGavin_A
    • CommentTimeMar 29th 2012 edited
     
    that north facing roof would also suffer badly from shading from both chimneys on either side of it, basically making it entirely unsuitable (even more so than just being north facing).

    I'd have to say though that I'm not sure this is as clear cut as I first thought, as I'm not sure if this law has ever been tested in court to determine the situation where there is a viable side roof that has been used as well as the front roof.

    To me though, the wording on this sort of situation makes it a bit ambiguous.

    My take on it thought would be that the argument could be made that as the side roof has been taken up by panels it is no longer an option as an alternative to the front, and therefore the front roof is the practicable option remaining. I'm not entirely surprised to find the council taking issue with this, and as there is obviously greater amenity value to the look of the area than a lot of places, they would have more grounds for taking action here than on some non-descript modern estate.

    You definitely have a reasonable case, but the council also have better grounds for complaint than in most other circumstances. If they've offered you the chance to apply for retrospective planning permission, it might be worth considering.


    eta - I'd be more than happy for someone to show me why this is clear cut though.
    • CommentAuthorsnyggapa
    • CommentTimeMar 29th 2012 edited
     
    Posted By: tedPictures can sometimes be deceptive but those are quite possibly the least obtrusive solar panels I have ever seen.


    I have a candiate - black Sanyo HITs on a slate roof in my opinion look really quite nice..

    (although the foreground may need some attention..)
    • CommentAuthorPaul_B
    • CommentTimeMar 30th 2012
     
    Emma I have nothing to offer in terms of expertise, only moral support. From the pictures it looks as though the panels blend in very well with the roof. Good luck
    • CommentAuthorsnyggapa
    • CommentTimeMar 30th 2012 edited
     
    I've also had the joy of being on the wrong end of council planning enforcement - the tactic seems to be to start making threats - we were told they considered our development in breach and gave us 21 days to submit a planning application before they would consider enforcing.

    After a bit of email to and from I rather crazily picked up the phone and called the lady at the planning enforcement division - she was one of the nicest people I could want to deal with and we had a very civil conversation about what, where, why etc. I would suggest that you do this, at least try and work out what the objection is - it's amazing how much you can learn in a 2 minute phone call that you can't get from a letter/email.

    For what it's worth, my understanding is that "enforcement" is a very formal process that costs the council a huge amount of time and involves lawyers etc - they do not do this without huge provocation. They also are only allowed to enforce, if my memory serves, if it is in the public interest - and there is some rule like they can't put an enforcement action on you if they suspect that your planning application would be granted. Their tactic is threatening letters and negotiation (a bit like TV licencing, as those of you without a TV will surely know...) and only use their powers of enforcement in the most extreme of cases.

    Give them a call, you might be pleasantly surprised - just be nice/worried and not stroppy/agressive. You seem like you have a rational handle on this, at least you might understand the concerns more fully.

    -Steve

    -Steve
    •  
      CommentAuthorJSHarris
    • CommentTimeMar 30th 2012
     
    I agree with the above, the local authority seem to be using "bully boy" tactics, which is almost certainly a misuse of the powers of public office, and I also suspect an element of corrupt practice by at least one local authority individual, most probably as a result of the complaint by the "influential whinger".

    I can't see any reason why those panels could contravene the terms of the PD rules, and strongly suspect the council are, in effect, bluffing at this point. Dominic has offered expert advice and help, so I'd suggest taking him up on his offer. If, as I suspect, there has been an element of misuse of the powers of public office, then you might wish to consider taking counter action. Local authorities and their employees should not be allowed to get away with taking action like this on the basis of a single complainant, no matter who they are.
    • CommentAuthorCWatters
    • CommentTimeMar 30th 2012
     
    My guess is they are trying to make it seem difficult to try and discourage everyone else in the street from doing the same.
    • CommentAuthorowlman
    • CommentTimeMar 30th 2012
     
    I think Gavin may have a point here, apologies if I've got it wrong Gavin. in this case TWO elevations are being used. Could it be the council can have an objection to either of the elevations, their choice and interpretation; ( West ) because it fronts the main road, or, (South) because it is the most visually prominent. Therefore, they may have a point and as a consequence they could demand that the "other" elevation is their preferred choice. I.E. West only or South only. This may mean you can't have a 4kW system but I don't believe there is a presumption of that anyway. A phone call or a visit may resolve the issue. Worth noting too that most neighbourly, in this case councillor, issues, have at their root jealousy.
    • CommentAuthorEmmaG
    • CommentTimeMar 30th 2012
     
    Dominic - I'd gladly share my correspondence to date with you. I have tried to respond to those who had offered advice outside of the open forum, but for some reason (probably being technically a bit lacking!) havent quite mastered the whispering thingy. Ended up publishing all contact details - which is probably not a good thing to do! So, if you would be OK to 'whisper' me an email I can get you on, I could reply to that. Thanks again to all.
    •  
      CommentAuthorDamonHD
    • CommentTimeMar 30th 2012
     
    I have used the "misuse of power in public office" line on a couple of occasions where I wanted to make clear that the individual was not going to be shielded from action against them personally if they were acting in anything other than the genuine public interest, and possibly by coincidence one of them got moved to another job within the hour...

    Rgds

    Damon
  2.  
    Owlman said: ''I think Gavin may have a point here, apologies if I've got it wrong Gavin. in this case TWO elevations are being used. Could it be the council can have an objection to either of the elevations, their choice and interpretation; ( West ) because it fronts the main road, or, (South) because it is the most visually prominent. Therefore, they may have a point and as a consequence they could demand that the "other" elevation is their preferred choice.''

    EmmaG, does their letter refer to individual roofs, or simply to the installation as a whole? Are tey, as Owlman suggests, possibly objecting to the use of one particular roof, and tacitly agreeing to the use of the other?
    • CommentAuthorwindy lamb
    • CommentTimeMar 30th 2012
     
    I think you won't need to complain about any individual Officer because you have such a strong case in itself. If they think your PV needs PP then every single other installation does. Enforcement Action is expensive and time consuming for the council and should follow their enforcement concordat - which they must provide you a copy of. If they don't have an enforcement concordat then it would be a struggle to show that they are following best practice/public interest etc.
    Don't worry, they can't be serious.
    • CommentAuthorJoiner
    • CommentTimeMar 30th 2012
     
    Contrary to what appears to be popular opinion, it's not jealousy that prompts objection by local councillors but an innate parochialism, one that manifests itself as a knee-jerk reaction to change.

    I recently got appointed to our parish council, having been challenged by friends to either put up or shut up about "stupid bloody parish councillors", and was impressed by the professional way they approached their role - in everything except planning!

    A small development of four terraced houses was submitted for outline approval. A nice development that would have tidied up a pretty grotty area of land at the rear of a village-centre pub and immensely improved the approach to a terrace of what had been built as miner's cottages at the turn of the century. The ground was what used to be the bowling green attached to the pub, but not used for at least the 12 years we've lived in the village.

    Half the councillors hadn't bothered to download the documentation and when I offered to project the drawings and relevent documents onto the screen in the room I was looked at as if I'd exposed myself. There was apparently no need to look at the documents in any detail because they couldn't approve the development because it would "encourage a conurbation" (go figure), and "anyway, we can't be seen to be encouraging infill in just any open space in the village". Two votes for the development, eight against.

    A woman at the bottom of our lane wants to repalce her flat roof chalet-style bungalow with a brick-built, apex-roofed bungalow on the same footprint. Parish council objected because they didn't want to "encourage a conurbation in the area".

    I'm working on them. :sad:

    It won't be jealousy that's fuelling EmmaG's objector, but resistance to change, specifically the "fears" that Gavin mentions and Cwatters underlines. Proliferation.

    Perhaps it's a case of an elevation too far?
    • CommentAuthorEmmaG
    • CommentTimeMar 30th 2012
     
    Nick, they havent mentioned either slope specifically in any correspondence.
    Their problem as they see it is:

    "You are interpreting the phrase "so far as practicable" in relation to the efficiency of the installation however this term refers to whether or not the panels can be installed in such a way as to minimise the effect on the building/amenity of the area. For example to comply with these conditions we would usually expect the installation of solar panels on a mid-terraced property to be on the rear rather than the principal elevation. Whilst most properties benefit from permitted development rights not all householders are able to utilise them."

    I personally think that the front elevation panels on my house are less noticable than the side ones (which can be seen briefly as you pass by). I don't know if you can see from the photos, but I don't have a 'rear' slope as my house faces the road, but there is a smaller house attached behind which is orientated differently( has its frontage to the left side of my house & its rear to the right side).
    • CommentAuthorGavin_A
    • CommentTimeMar 30th 2012
     
    Ah, I see, they were using a hypothetical scenario in their letter.

    In that case, I reckon I'd put the onus back on to them, and write to them asking them to apply the law specifically to your situation rather than a hypothetical situation and explain to you firstly which of the roof faces they are specifically objecting to, and secondly which other roof face they believe would be a reasonably practicable option for mounting that solar PV array on to.

    I'd also explain that the only other available roof face is north facing with serious additional shading issues from 2 chimneys and is therefore highly unsuited for solar PV, so as far as you can see there are no other practicable options available, and the system you have installed is therefore classed as a permitted development.

    I'd suspect that would shut them up.
   
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