Loads of smoke- neighbour applying for retrospective planning permission. Will this be granted?

fairy2

We live in a small house with an extremely small back garden. One of our neighbours has built a brick pizza oven right on his bottom fence line away from his house which is about 1 metre from our house used on a daily basis which blows out large amounts of smoke which means we cannot even have a window open. They are now applying for retrospective planning permission. Does anyone know if there are planning rules about the proximity of smoke producing brick built structures and their proximity to fencelines and/ or neighbouring properties. Environmental health will be another route to try to go doen but we have already been told by them this is an extremely difficult route to prove and for them to enforce. Thank you.

fairy2

Just to clarify the smoke is coming out of about a 6-8 foot chimney.

xylophone

Is this not air pollution? Is the smoke injurious to health?

Have you requested a visit from an Environmental Heath Officer?

It may be "private nuisance" in legal terms in so far as the dirt and odour interferes with your right to the quiet enjoyment of your property.


The case of Bamford v Turnley defined private nuisance as:

"any continuous activity or state of affairs causing a substantial and unreasonable interference with a claimant's land or his use and enjoyment of that land".

A six to eight foot chimney daily belching out smoke into a house situated just over three feet way from it seems to fit the definition.

You could seek an injunction?

Cakeguts

What are they cooking in the pizza oven? By that I mean are they only doing family cooking or are they selling the pizzas?

t0rt0ise

Object via the planning application.

zagubov

Unless there extremely good ventilation, this may involve greater exposure to carcinogens to maybe your and their households, so you need to keep the council aware.

paddedjohn

Turn the hose on it until they get the hint

moneyistooshorttomention

fairy2 wrote: »

Just to clarify the smoke is coming out of about a 6-8 foot chimney.

Planning rules mean it's not possible to have a building/structure over 2.5 metres high within a certain distance of a boundary with a neighbour. I know - because I checked the garden shed I had decided to put in was under that height - as I had decided to put it up against boundary with an awkward neighbour and I wanted to make sure they couldnt complain about it.

I'd be getting out my rule to measure the exact height of this structure - to see if it's over 2.5 metres tall.

I can't quite recall the relevant distance from the boundary for any structure over that height - so you'd need to clarify on that ("think" that distance might be 2 metres away from boundary???).

EDIT; Rather daft of the neighbour to "do it first and then ask for retrospective planning permission" - as Councils have been known to have a whole house demolished because it didn't fit in with planning rules.

Davesnave

There is half a story here.



How did you find out that PP had been applied-for, and is it being sought because someone has complained?


Use on a daily basis suggests the neighbour either likes pizza a great deal, or they're running some kind of cottage industry. Food businesses have to meet certain standards for hygiene, so that is another avenue to investigate.

PasturesNew

Davesnave wrote: »

Use on a daily basis suggests the neighbour either likes pizza a great deal...

Some people are the "house everybody goes to" - and when they get a new toy everybody's over, trying out the new toy.... the neighbour might be, say, "the brother with the biggest house/garden and driveway" and he might have 2-3 brothers (with/without families) and a couple of mates over every evening after work... they might bring beers, "it's cheaper than going down the pub after work".

One of my new neighbours has a house full many days - with their trampoline in full swing. She seems to accumulate 4-5 grandchildren from 3.30pm onwards, then the parents all turn up between then and, say, 7-8pm, when they all disperse to their own homes ... I'm sure if they were the garden oven sort they'd have it on the go every day it wasn't raining... and if it rained I bet they'd build a little shelter by it.

They appear to get the kids, aged 2-6, over to granny's after school - where she childminds them and gives them all tea.... their parents arriving after work themselves, until they've all gathered and all been fed. Then they all go home.

Some people are "people collectors".... and it's not difficult, for some, to end up with 5-8 adults and 8-12 children on a daily basis.

Davesnave

PasturesNew wrote: »

Some people are "people collectors".... and it's not difficult, for some, to end up with 5-8 adults and 8-12 children on a daily basis.

Sod that, I'm the one who does the hoovering!