Does anybody know the situation regarding a brick/concrete barbecue with a height of around 7 foot to top of chimney located 12 inches from a boundary fence seperating to neighboring properties and 4 foot from the back door....thanks for any advice.
I don't think there are any. I am assuming you are on the wrong end of this BBQ and not the idiot who has installed it. Smoke/fumes is an actionable nuisance, I doubt it could be used in the situation you describe without causing a nuisance. You'll need videos and a diary of any nuisance caused for evidence - so start collecting ASAP. Environmental health should act if a complaint is received (don't hold your breath though). Else complain direct to magistrates court under EPA 1990 or take civil action (for private nuisance/injunction)
Depends, how many illegal workers will be sleeping in it?? You already have a good answer, but also note that the land covenants may also specify the max height of any fixed structure (e.g. fences). You'd need to check the lease/freehold.
yes im on the recieving end....its actually 8 foot high...and 18 inches away from the top of our patio table brolly... it can and does feed half the population of poland every weekend and im only a step or 2 away from taking a clubhammer to it !...just wanted to try something more sensible first....many thanks anyway
Most garden structures over 1.8M need planning...Speak to them, if they wont do anything complain to your council.
Hi Rodney. As Mr Grim says, smoke and smell nuisance is actionable, and the council is obliged to respond. Worth contacting them now in anticipation of the nuisance - which will almost certainly happen.
Er, no. The HIGHER the chimney the less the validity of the complaint, surely. Go look at your covenants. Failing that, put a higher fence up!
a higher fence ?? you really think a 9/10 foot fence is appropriate !....last i heard 6 foot was as high as you go with a garden fence.
Rodney, contact the council's environmental health dept for advice. Tell them just where it's located - this is BOUND to cause a nuisance being so close to your door and boundary, so advise they contact the neighbour before he goes too far with the build - best he stops now.
Thanks for the advice....too late to stop the build its been built a few years we,ve just had enough and the neighbots too much of an **** to do anything about it....had a planning enforcement bloke round said theres nowt wrong as laws changed as of october just gone...its 9 foot high and the limit is 3 metres !! The only hope left is environmental health...other than that its a sledghammer and let the chips fall where they may !
Ok, it might not be against planning, but is an issue which can be tackled. Environmental health is the way to go, but the council also have an obligation to investigate all manner of 'statutory nuisances'. It might come down to how often they use it - if it's only rarely, it might be deemed just one of these things that people are entitled to do. If it's regular, and the smoke and/or smell is unreasonable, then that's different matter
What did the planning bloke tell you it was considered as then?? Garden furniture, an out-building?? I'd have thought the metre rule would still apply...?
best thing to do is arm ur self with a couple of cans of expanding foam wait to its dark (camo gear optional) spray it down the chimney then deny all knowledge if it was a flue from a gas boiler it wouldnt be allowed could be a tricky one why not invite urself around every time they use it saves on the cooking mate
what if you complain and win What do you want your neighbour to do, stop using it or return everything to how it was years before ? if a ruling narks him so bad, he could take a hammer to it and knock it down to legit size - leaving it looking a real mess - maybe to future potential buyers ? also - if you sell - would you have to disclose this as a dispute if it goes further ? highlighting not only a bad neighbour, but a rift in how you both got along. sometimes small issues can grow wildly out of hand, cause health issues, even depression. there again - I don't live next door to him
Hello, i would send photos and details height etc to building control. At that height it could be classed as a chimney and a structure . Depending how slim it is it may not comply with Building regs. Also chimneys are uually min 900mm (i Think above openable windows within 1.2 m approx.( Building Control could check exact height/distances etc.)
Just a quick update....although the planning enforcement chap was of no use,he did refer it to environmental health for us who have been in contact saying they have written a letter to the neighbor and also advised us to start collecting photo/video evidence as and when the bbq is in use.....so far this seems to have stopped any further use by the neighbors maybe its a coincidence maybe not time will tell. I am still wondering if the planning chaps advice was correct,anything over 3 meters within 2.5 metres of a boundary is a no no as of october last year....this being built before that means theres nothing he could do....dont seem right to me...but anyway the ball is rolling and the sledghammers not moved.....yet !...thanks for all thoughts and advice.