Posted By: jms452Personally I would have a non confrontational chat (possibly in person) with the planning officer taking photos of similar (or worse installations).

Maybe even include a few buildings belonging to the council, local councillors and other council officials.

it's worth talking to the planners to see if they think they would grant permission. even better if they have a "pre-application advice" service

If they think they would (and there are many reasons why they should) then personally I would do nothing.. you haven not committed an offence as doing anything without planning permission is in itself not an offence, it is only an offence if they take out an enforcement order against you and you ignore it.

They can only take an enforcement notice if the think that there is no reasonable chance that permission would not be granted, so by this time they could have already shot themselves in the foot..

Hi Jim I have been around the area that my council controls and have found numerous panel installations fitted by private and the council some still ongoing , I have taken pictures of systems that are fitted on front elevations of houses that are as big and bigger than my own installation, some of these actually face main roads and bus routes, some even in park areas. I have taken photos of all front installations and submitted them to my councillor, let see what they come up with. Would love to have a face to face with planning officer to get their views on this matter.

I'd agree with all that CWatters has written except for the last sentence. Whether or not planning permission has been granted to similar systems is irrelevant other than as a guide if you're thinking of falling back to actually applying for planning permission. What would be great would be to find a similar system which has been granted a certificate of lawful permitted development.

A neighbour has a right to complain but no more rights than anyone else.

The planning rules are there for all of us

Could you get, in writing, from your installer that the installation was done, as far as practicable, to minimise the impact (use the exact phrase from the permitted development legislation ).

Also point them to point 25 in this document (need to search for it ) "Planning practice guidance for renewable and low carbon energy" so some figures to show how much that the 15 panels would meet or contribute to your household electricity would be handy.

Also http://m.dcservices.co.uk/article/1142955/solar-panel-meets-reasonably-practicable-condition

Posted By: cscShe also claims that because the panels are on my roof it will devalue her house by Ă‚ÂŁ35,000,

That is a good thing if it gets the property into the 'affordable homes' price range.
My neighbour bought his house on 1 August 2007, he saw a greater lost by 31 August 2007.
Seriously though, is PD and planing in general anything to do with supporting property prices.
Assuming the council cannot enforce this complaint, is there any way that the costs can be claimed back from the person who complained?

''Assuming the council cannot enforce this complaint, is there any way that the costs can be claimed back from the person who complained?''

What costs? Surely if the council don't enforce it, the OP won't have to do or undo anything, and will therefore incur no costs?

I would say 2.75kW. Max

Sounding like a legless council to, so the do nothing approach may well work.

Nowadays could be 3.75kW.

The fact is that now state agents are being asked by potential buyers to find properties with panels already installed.

That's not my experience. I'm selling a house with panels that get the highest FIT. Not a single person has shown any interest in the system. Nobody has asked what size the array is or how much the panels are generating. One buyer even claimed to have a problem getting a buy to let mortgage due to the panels (they are owned not rent a roof). I don't think the system has added any value to the house. Even when the house was put on the rental market I don't think any prospective tenant asked about free electricity. Current tenant didn't even notice the circuit breakers had tripped out after a storm and there had been no generation for 3-4 weeks - even though there is a portable display on the kitchen window sill.

Hello everyone, a victory for the little guy. I submitted a disc to my local councilor with the pictures I took of the various panel installations within my locality some that were as big or even bigger than my installation. T there surprise!!!! they realized that they had installations that were bigger than my own on their own council properties. Although they have said I am in breech of planning they are taking no further action against me as it would mean they would have to remove panels from their properties as they are also in breech. I cannot see how I can be in breech of planning when it is a lawfully permitted development. Hope this gives hope to all who are in a similar situation. Take lots of photos and collect as much evidence as you can.. Thank you very much for all your advice and support. csc

Congratulations csc. Do you have anything in writing? If I understand right you have the say-so from an elected member, but not a planning officer (.....?). If it were me I'd like a letter from the Planning Dept without one of the usual 'this is only one officer's opinion' caveats.

Yep, with you all the way on that, Ed.

Just to echo what Nick ...

You cannot rely on the word of a councillor. You can't even rely on the word of a Planning Officer. Even if they tell you in writing that they plan to take no action you aren't totally in the clear as they can always change their mind at some point in the future.

The only way to be 100% sure is to get a certificate of lawful development. Legally that's as good as getting Planning Permission but there are slight differences in the way they are decided..

An application for a certificate of lawful development should be decided on the Permitted Development Rules. They will need to decide if your system meets those rules including the "as far as practicable" rule. However overall the decision should be made on an objective basis. It either meets the rules or it doesn't. There is less room for them to make a subjective decision.

An application for Planning Permission would be decided on other issues as well, including any local policies and may depend on the opinion of the planning committee members. Compared to an application for a CLD this is a more subjective process.

I cannot see how I can be in breech of planning when it is a lawfully permitted development

That's easy to explain. The planners were telling you that they don't believe it is lawfully permitted development. As I said in an earlier post the PD rules contain the phrase "as far as practicable" and that's open to interpretation. If they decide it's not lawfully permitted development then you are automatically in breech because you haven't applied for Planning Permission.