Thank you for your input john, it is very much appreciated however, Peter is absolutely correct in what he says.

I think there maybe a problem with down wash also as my neighbour has high trees around his property. The smoke blows downwards 99% of the time and then usually settles around my property and as Peter has said, any suggestion of alteration to remedy the problem would weaken my case if the alterations didn't work. My solicitor is on holiday for another week, when he returns I will discuss the section 82 with him. 


Thanks for your valued input again Peter, it is very much appreciated.

Best wishes to all

Mikeee

Posted By: Mikeee5the environmental officer told me that my neighbour is allowed 15 minutes of smoke during light up.

He is allowed 15 mins of smoke - yes but this is coming out of the chimney and going UP. I am sure he is not allowed to fill your house with smoke for 15 mins a time!!! Perhaps the environmental officer is getting confused with what is a allowed under the regs for smoke emission with a qualifying woöod burning stove and nuisance. You could ask the E.O. if he is allowed to fill your house with smoke for 15mins at a time.

Having said that perhaps it might be better to wait until the weather gets colder so the problem gets worse. Keep collecting the evidence - the more the better. Don't forget that no smoke does not mean no emissions, just that they are not visible (and less of them). How is the air quality measuring going?

Mikeee5
IMO the air quality data would be beneficial to use as it quantifies the problem with numbers and therefore removes the complaint from the realms of subjective observation.
Does the air quality monitor log the readings in a form that can be down loaded to create a graph? If so then this could be useful to show the contamination to which you are exposed. If it does not then the old fashioned way of manually collected data would still be worth it as the more evidence you have the harder it will be to dismiss the case. If this could be further mapped against wind direction this would show when you suffer more. If it happens that the prevailing wind causes most problems this would strengthen your case as you can show it is not an occasional problem. Is there a local weather station where weather data could be obtained (as an easy way of getting indisputable weather/wind data) Also does any local office routinely collect air quality data, could be useful to show the background pollution in the area to compare with what you are suffering.
I'm afraid that this sounds like a lot of effort which is easy for me to suggest at some distance from my armchair but I do feel that the only way you will get a result on this is to present so much evidence that the problem can not be dismissed as a compliant stove therefore can not cause a problem. Is it worth trying the (other) neighbours again to see if they will also lodge a complaint or at least give a letter of support when you start proceedings under section 82 (even if you have to write that letter yourself for them to sign!).

<blockquote><cite>Posted By: Peter_in_Hungary</cite>Mikeee5

Does the air quality monitor log the readings in a form that can be down loaded to create a graph?

The particular monitor doesn't have a download facility but it does have a 24 hr memory. I've been logging the data and will create a graph when I get chance. 

Mikeee

This sounds a bit like the loading pattern for the stove - I would be surprised if he was lighting the bl..dy thing 3 times an hour.

Do you get the problem at times when there is no wind, and I mean absolutely still air?

I can't recall seeing the smoke going straight up, it always appears to come down. The majority of the time it comes down around the bungalow and on odd occasions the smoke clears the property and settles at the top of the garden which is approximately 30 metres away from the building. 

I had an interesting occurrence yesterday. I had the particulate monitor running in the conservatory in the morning to get some average readings with the windows open. I noticed a strong smell of smoke around 11 am and went outside to see where it was coming from. It turned out that one of my neighbours from 8 properties away had a bonfire on their garden. The fire was well ablaze and blue plumes of smoke were blowing across my boundry. I went to check the particulate monitor and the reading had increased from 600 small particulates to 2400. I thought this would be a good comparison to the smoke coming from next doors stove as the inside averages have been around 2000. Remember these readings are measuring small particulates up to 2.5 ppm and refer to an area of .01 cubic inches which equates to 240,000 and 200,000 small ppm per cubic foot.


Mikeee

If with no wind the smoke rises and in conditions with wind the smoke is all over your garden and in your house as you describe then the problem is IMO not with the stove, how it is being used or what type of fuel is being burnt, the problem is caused by the chimney in combination with its particular surrounding situation.

Any discussion about the legality of the stove, type of fuel or how the stove is used is irrelevant to the problem of the nuisance you are suffering other than perhaps type of fuel or stove usage may make the problem worse but changing either will never make the problem go away.

IMO there are three possible solutions to the problem
1 stop using the stove (in other than still air conditions)
2 modify the chimney to raise it above the turbulent air to avoid the down draft.
3 remove what is in the area adjacent to the chimney that is causing the problem down draft.

As was said earlier you should not tell the neighbour what to do but armed with the information about the difference that wind conditions make you should complain if any discussion ensues about the stove (e.g. it's a compliant stove so can't cause a problem) or fuel (e.g. quality fuel so can't cause a problem) as neither of these are causing the problem.

It sounds like you have an amount of data now that hopefully will be accepted as evidence - are you going to start proceedings soon?

Mikee- Sorry to note your ongoing emissions impact problems , Paul’s suggestions do appear to fit the emissions pattern. The use of wet timber or high bark content will impact on emissions characteristics. Wet timber reduces the combustion temperature , this reflects on exit temperature and thermal buoyancy adding to inversion problems and bark content adds to PM pollution. It is a bit of a catch - 22 situation because we are aware NOX pollution reduces with lower combustion temperature but PM pollution increases and vice-versa. Both pollutants are bad news for you so it is hoped the Local Authority will actually take the action required to protect your environment.
An external visual check should highlight basic problems, any structure or tree within a radius of 5 times the chimney height and more than 50% of the chimney height is known to create emissions downwash impact. The local topography can impact, any locally sloping ground (>10%) impacts on airflow across the chimney, valley and hollow situations present additional problems in certain weather conditions especially during the winter.
We experienced similar problems but from another angle, sourced a clean burn stove, ensured a good fuel source, lined and insulated the chimney but sadly the first heating season highlighted emissions inversion impacting on neighbours. No complaints but we felt morally obliged to take remedial action. Research indicated local trees were the source of the problem and unfortunately outwith our control. Replaced wood burner with high efficiency gas appliance, now poorer and do miss the warm glow and constant heat of the stove through the winter but it went to good home where it cannot impact on neighbours.
It would appear Local Authority Regs. require amendment to cover the need to assess external impact before installation and the stove suppliers also have a responsibility to highlight possible problems, the advantages of a certified stove can be easily destroyed by lack of due diligence in choice of fuel , installation conditions and operation.
It is understood the local Authority have a mission statement to protect local air quality so it is hoped that your data will provide the evidence needed for them to protect you and especially your health.
Rgds Brian

I wouldnt hold out out much hope of any actual action or movement from any HMG dept or body, they will likely research, assess, quote policies at you but not do anything

I severely hope that I am wrong................

I assume you've looked at plume dispersion modelling?

You might find that the position of your home, local topography and the prevailing wind are such that the only options are to cease the use of the wood burner and failing that, move home!!

http://en.wikipedia.org/wiki/Atmospheric_dispersion_modeling

Or, wait until he goes out and pour an extremely unpleasant smelling sustance all over his wood pile.

My neighbours must be throwing all their best crap on the fire tonight!! I have installed a small floodlight on top of my dormer to light the smoke up and have been filming the chimney smoking continuously for over one hour and it`s still puffing away like Thomas the tank engine on steroids. Surely this must be more than smoke at start up!!!

Mikeee5

One hour twenty minutes, taking bets now folks!!

Please remember the law regarding cctv, your property,your neighbours property and signage.

You dont need cctv signs in a domestic environment