MCS consultation on amendments to PD rules

JamesPa · 2024-01-06T14:54:11Z

MCS is currently consulting on amendments to MCS-020 which defines the noise standard for permitted development (link below). They are putting forward a fair few sensible ideas and others which could be a nightmare. I attach my response in case anyone thinks it might be interesting. Obviously other may wish to respond directly to MCS with their own views. Incidentally MCS-020 is also the reason why installations must be done by an MCS contractor to MCS standards if Permitted Development is to apply. This is IMHO crazy - planning legislation is concerned with the external effect of development on others not the householder and the technical details of the installation (ie MCS standards/Installer) effects only the householder. Thus this belongs in Building Regulations, consumer law, or the rules for getting Government Grants, but not in not planning law. It should, IMHO, be removed leaving only the noise criterion to be defined in MCS-020.

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Persephone

(@persephone)

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10/01/2024 10:24 pm

@jamespa Yes, the truth hurts ... (but silence kills 😐 ). I totally understand all your points, but I think the authorities need to know about the loopholes in regulations. Although, after two years of correspondence with tens of institutions and individuals, I now believe I am just wasting my time. The amenity of the public is of no importance to authorities.

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Persephone

(@persephone)

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10/01/2024 11:29 pm

@sentinam My neighbour is a builder! As far as I know they used some Governmental Grants Schemes, but the Scheme states they have no enforcement power! The condition for ASHP was NR30 day and NR25 night. Environmental Health confirmed NR39, but then they decided to support my neighbour's retrospective because obviously the councils want to avoid all the hassle of enforcement. Re. lawyers: one asked for £3000 to just read the case, two did not get back to me, one said that I may end up spending £10,000 to £20,000 with no result.

The ASHP is on rubber feet, but it is installed on the boundary of their house with the parkland behind our houses. I believe the 3.8 meters distance of the ASHP with the house makes the device work more vigorously. I also believe there is something wrong with the transformer/compressor because sometimes I hear horrible annoying noise similar to humming of fridges (but very annoying and very loud). The ASHP is also less than a meter from the boundary with my house and makes horrible buzzing noise even on warm and sunny days. So, no peace even in my back-garden.

I think the model is Mitsubishi PUHZ-W112VHA(-BS).

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JamesPa

(@jamespa)

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Topic starter 11/01/2024 8:44 am

Posted by: @persephone

↑

@jamespa Yes, the truth hurts ... (but silence kills 😐 ). I totally understand all your points, but I think the authorities need to know about the loopholes in regulations. Although, after two years of correspondence with tens of institutions and individuals, I now believe I am just wasting my time. The amenity of the public is of no importance to authorities.

I guess the authorities will say that it's covered by nuisance law which they will saw is robust.

If you haven't already done so I would suggest you measure noise levels (from the ashp, make sure you exclude other intermittent noises) either 1 m in front of the most affected windows or inside if it is loud enough to hear inside, particularly in the bedrooms. Then compare to bs8233 or just post here. This will give a clue as to what chance you might have if you were to pursue it eg by making an escalated complaint to the council about lack of action by the eho.

For gbp15 you can buy a noise meter from Amazon which is good to about a dB down to 30dBA, anything below that is likely to be too quiet for any enforcement to be interested

4kW peak of solar PV since 2011; EV and a 1930s house which has been partially renovated to improve its efficiency. 7kW Vaillant heat pump.

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JamesPa

(@jamespa)

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Topic starter 11/01/2024 9:37 am

Posted by: @persephone

↑

The ASHP is also less than a meter from the boundary with my house and makes horrible buzzing noise even on warm and sunny days. So, no peace even in my back-garden.

Are they heating on warm and sunny days, or is this for DHW only, or are they cooling (in which case did the planning consent cover cooling). If its DHW only then could you speak to them about when they heat their water?

Posted by: @sentinam

↑

Also wonder if a free first half hour with a good planning lawyer might help.

If they have consent they have consent, the fact its retrospective is irrelevant. Unless they have violated a condition, or not done what it says on the plans then there is nothing that can be done in planning law unfortunately.

4kW peak of solar PV since 2011; EV and a 1930s house which has been partially renovated to improve its efficiency. 7kW Vaillant heat pump.

👍

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