WA Solar problem with neighbour

[Peter Dennis]

My wife and I purchased an expensive house a year ago thinking it ideal for our young kids as they grow up. Our new neighbour is renovating an old large house (has 30 rooms or something) which he lives in alone with his wife. My wife met the neighbour and we became quite worried as he informed us of the difficulties he was having with his other neighbours and was quite rude (swearing etc). Anyway we decided to upgrade our pool decking and paving at great expense. The pool is adjacent to the fence line. it's very close about a metre away. We approached the neighbour as we were concerned regarding the roof of his garage which sits right next to the fence and can be seen at head height when standing by the pool. we also wanted to run by nay changes or concerns that he may have with our plans. It's an old roof (in need of repair and has very steep angle) We wanted to install a shade structure to cut out the roof. He initially indicated agreement. However, a couple of weeks later he advised to our builder that he would not support this as the Council had rejected an application for a roof over his pool (located on the other side of the property), the pillars of which he'd built without a permit. He said to the builder he was going to wage war as one of our eaves is very near to the border of his property. Anyway we decided it was too hard on account of this and abandoned the shade idea.

While supporting solar - this is an incredible eye sore. It's about as bad as you could imagine. The roof itself was bad enough.

Roll on a couple of months and I'm out the front and the neighbour mentioned (in a long rambling conversation that I was trying to get away from) that we were going to hate him as he was installing solar. He didn't give any specifics and I thought nothing of it rushing off. A couple of weeks later 20 solar panels are installed on this roof directly next to our pool (angled very steeply).

I contact the Council to complain but decided we'd be better just going with our original shading idea. We're in a heritage area so he should have obtained planning approval for installing solar. We have submitted this and await Council planning approval (which is not guaranteed). Anyway, now the neighbour has a submission for a pergola and more solar, which is likely to directly face us again on the lower part of the garden. I have now registered my complaint with the Council.

Scenario is a little bit more complex than this but that is it in a nutshell.

My question is - is it worth getting further legal advice - any options or benefits form this that I haven't thought of? Any further action we can take. I'm hoping the complaint will hep get support from the Council for approval for the shading. However, we are also concerned about future negative impacts on our property from the renovations.

 

[Tripe]

Not sure of your area, but solar panels don't normally need council approval if they bolt flat to the roof line, however certain councils may require a building permit and sign off by a building surveyor if a structural frame is needed to attach the solar panels to the roof. This may be an avenue to get the solar panels removed?

I've also heard that in heritage areas that a planning permit maybe required if the solar panels are visible from the roadside, so you may have an option here to get them removed?

The other thing you may have trouble with, if the Council finds the solar panels are legally installed, your may have to remove your proposed sunshade if it shades the solar panels, some states are starting to view any structures (trees, buildings etc) that are installed near existing solar panels that blocks the sun as a private nuisance and courts can action the removal of the nuisance.

 

[Peter Dennis]

Thanks they would not block the solar at all. Even if they did I'm not too worried about nuisance of this sort given the manner which they have been installed, their location and timing. Its likely we would have a stronger claim in that regard. There currently are no laws relating to this in this area. It's extremely unlikely Council would make a decision to remove following the complaint. Hoping they just support our structure and review further plans of the neighbour to build a solar city further. There are 30 panels up already.

 

[Rob Legat - SBPL]

I'm not a litigator, but what you're probably looking at is a private nuisance claim if you wanted to take action. The cost vs likelihood of success is one thing, proving damage is another. If it's simply an eyesore, I wouldn't bother unless I had nothing better to do with money and time. If it's actually causing issues, such as reflection onto your property, you might have more prospects of success.

Is another option for you to plant a screening hedge? I mention this because I have a similar issue with my neighbour. They have a slightly lower, slanted Colourbond roof which also happens to be white. In Summer the reflected heat bakes the side of my house. I planted a screening bamboo along the fence line and it stopped most of problem. They wanted to whinge about the leaves in their pool, so I simply pointed to the roof and they backed down.

 

[Rod]

And you can get varieties of bamboo these days that are not as invasive as the earlier varieties.

Quick growing is an advantage

 

[Peter Dennis]

Thanks for the advice. I have put a lot of potted plants along the fence line. I spent around $2000 but it doesn't really make a dent. There certainly is some reflection and it will be terrible in summer. I wondered if loss of property value might be included in the definition of damage? He kind of acknowledged damage when he said to me ýou guys are going to hate me'... '

We will await the outcome of our Council plans and complaint. May have to to the State Administrative Tribunal if a positive outcome doesn't occur. Most worried about what the neighbour will do next. We are developing further screening plans.

 

[Rod]

I wondered if loss of property value might be included in the definition of damage?

No, damage is the result, not the cause of action.

For instance he could turn into a hoarder and have 'clean' rubbish everywhere that would detract from the value of your house but that does not turn into a cause of action for you. He could do no maintenance whatsoever and have the garden looking like a jungle and it can affect the value of your home, but again there's no cause of action for you.

 

[Peter Dennis]

No, damage is the result, not the cause of action.

For instance he could turn into a hoarder and have 'clean' rubbish everywhere that would detract from the value of your house but that does not turn into a cause of action for you. He could do no maintenance whatsoever and have the garden looking like a jungle and it can affect the value of your home, but again there's no cause of action for you.

Yes it's a shame that. Yes interference must be “substantial” and must cause discomfort or annoyance that is “unreasonable.” Certainly an argument for us here. Sadly I think the wealth of rules/laws are going the other way for solar. I do think its something councils need to put some balance into. There are some massive systems going up. The City of Perth has rules that state:

Solar panels (photovoltaic cells) systems:

• Panels to be mounted flush to the roof.
• The size and location of the panels should not have an adverse impact on adjoining properties.

Seems sensible to me.