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Abernyte
Abernyte
@abernyte
Member
Honorable Member
Joined: Dec 20, 2022
Last seen: May 8, 2025
Profile Activity
Topics: 4 / Replies: 221
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Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

Aye... I am referring to common law nuisance. There are numerous versions of statutory nuisance many of which have been around since the 18th century ...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

The appearance of unreasonable makes the two systems appear closer than they really are. The test in Scotland remains plus quam tolerabile (more than ...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

Watt v Jamieson, 1954 SC 56 Is also key, in that Lord President Cooper established the common principle of "Allowed to do what you want as long as ...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

Nuisance is one of the stark differences between English and Scottish law. Lord President Cooper in Watt v Jamieson 1954 SC 56, at 58:“The critical...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

The test for actionable nuisance in Scottish Law is that the nuisance must emanate from the wrongdoer’s land, and be beplus quam tolerabile (more than...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

While not knowing the specifics of the application fully, I would question that it was approved solely because of the ASHP and solar panels and I am u...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

@persephone I am sure that you are aware that Scottish Planning Policy has a presumption in favour of any development that contributes to sustainab...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

3 months

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

As I stated earlier the only recourse for a third party in Scotland is to judicial review at the Court of Session to determine if the local authority ...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: The EPC Dilemma: How Current Ratings Fail Heat Pumps

As I understand the system, SAP (and by default RdSAP) is a CO2 reduction assessment/tool so if the house is not a new build then the EPC reports are ...

1 year ago
Forum
Government Schemes, Regulations, Planning & Organisations
Reply
RE: Air Source Heat Pump Policies – MCS Planning Standards

This application has been approved and, as far as I am aware, as there are no third party rights of appeal against a planning decision in Scotland the...

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Reply
RE: Misleading government advertising

Are heat pumps generally rated poor in EPC's in England? It doesn't seem to be the case on mine in 2019 in Scotland.

1 year ago
Forum
Air Source Heat Pumps (ASHPs)
Page 11 / 19
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