Home  5  Books  5  GBEzine  5  News  5  HelpDesk  5  Register  5  GreenBuilding.co.uk
Not signed in (Sign In)

Categories



Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
These two books are the perfect starting place to help you get to grips with one of the most vitally important aspects of our society - our homes and living environment.

PLEASE NOTE: A download link for Volume 1 will be sent to you by email and Volume 2 will be sent to you by post as a book.

Buy individually or both books together. Delivery is free!


powered by Surfing Waves




Vanilla 1.0.3 is a product of Lussumo. More Information: Documentation, Community Support.

Welcome to new Forum Visitors
Join the forum now and benefit from discussions with thousands of other green building fans and discounts on Green Building Press publications: Apply now.




    • CommentAuthorGreenlady
    • CommentTimeJul 15th 2016
     
    Dear cleanairforall2 , Mikeee5 ------pls help

    Please give the make & model of the air quality monitor you refer to in your posts. I'm chocking once again on the fumes not smoke from the neighbours wood burner. It's time to purchase some equipment to provide evidence with which I can approach the neighbour and rekindle my complaint to the council.

    Thank you .
  1.  
    The monitor we have is a Coasia Air Mentor PRO A 6-in-1 Indoor Air Quality Monitor (8096-AP) which we purchased from Amazon £139.00, the results it has provided have been invaluable and gives us an accurate reading of the particulates we are suffering. This monitor compared favourably with the equipment the Council Officers borrowed from a University for a one off flawed test.

    I would reccomend it as essential to have a monitor for evidence collection as otherwise you will be totally reliant on an EHO opinion, that may be influenced by other issues.

    However, because the legislation does not recognise particlates you need to be aware that the Council officers will try and ignore the particulate results as they will tell you there is no statutory level for indoor particulates and they can only use their sense of smell. However, I would not let this stop you getting this or an equivelant monitor as if you need evidence for nuisance it can only help support any action you may be forced to take when the Council Officers don't support your complaint. Good Luck. Please keep us posted as we are also at a critical stage with the Council being totally uncoopertive that pushes us ever closer to having to take our own action for Stat Nuisance.
    •  
      CommentAuthorSteamyTea
    • CommentTimeJul 16th 2016
     
    I think Mikee uses a Dylos one.

    You have to do a bit of research into how to use them i.e. sampling rate and constant position, and probably worth correlating with local weather data. Also knowing what is going on in your own home is worth noting i.e. cooking time, cleaning times, friends around.
  2.  
    As SteamyTea suggests keeping a diary of weather and any other events that cause the monitor to show particulate pollution levels, even on days when there is no pollution to provide evidence of background levels, is important to have use to tie up with the data from the monitor.

    Location - We keep our monitor mostly in the room where the smell usually first comes in but the Coasia has the benefit of battery back up (approx 12hrs) and can be moved around the house if required.

    The monitor we have works well with an Android tablet or phone app and bluetooth connection. I found it very easy to set up and it keeps a rolling 3 day history of particulate readings (you can keep history by using screen capture photos of readings).
    •  
      CommentAuthorSteamyTea
    • CommentTimeJul 16th 2016 edited
     
    You don't want to keep moving a monitor about. Put it in one place and leave it there. Get it to sample every 10 minutes and then just forget it is there.
    Then, after a few weeks, download the data. Find your nearest WeatherUnderground weather station and down load all the weather data for the same time period.
    Then correlate wind direction, windspeed, RH and Temp data with your particulate readings.

    Don't keep moving the monitor to 'get a higher reading' as the data becomes invalid then.
  3.  
    Agree would recommend avoiding moving monitor around as much as possible but just mentioned the flexibility as it is a bonus (should you want to get a reading outside in the garden for example). Moving it would not corrupt the results providing you record where the monitor was when the readings are taken.

    As I already mentioned the monitor we have keeps the data (for 3 days rolling history) in a recognisable format (to EHO's) providing understandable numbers and graphical view of PM2.5, 10's, CO2, TVOC's Humidity and Temp. The one minor downside is data, as yet, can only be "downloaded" by using the screen capture function which includes date and time recorded.

    The unit does take a sample every 2 minutes providing an instantaneous air quality level readout and summarises it into an hourly average. If you need to link the results to weather would have to be done separately (we download weather data from met office records).
    •  
      CommentAuthorSteamyTea
    • CommentTimeJul 16th 2016
     
    The thing with air quality is that you need a decent amount of sampling. Hourly means are probably not much use to be honest.

    The average speed of my car is 2.3 MPH over the year. So there is no possibility that I could get a speeding ticket, or a parking ticked for that matter.
  4.  
    SteamyTea
    That is why the monitor samples every 2 minutes (i.e analogous to a speed camera) but goes further in collating the data into an hourly average, as these are what the EHO's understand and as you know a smoking chimney nuisance usually go on for 5+ hours at a time making an hourly average reliable enough to record data for use in a nuisance claim. However as I said the monitor is taking a reading every 2 minutes and this instantaneous reading can also be recorded as evidence if required.
    • CommentAuthorGreenlady
    • CommentTimeJul 17th 2016
     
    Thanks cleanairforall2 and Steamy Tea. I 'll start my research / monitoring and keep you posted . No fumes this evening as it's quite mild, so can have the luxury of the bedroom window on night vent!
    • CommentAuthorGreenlady
    • CommentTimeSep 4th 2016
     
    Just to update everyone. After having politely asked the logburners if they were using the stove on a specific evening last week, they denied it claiming it must be someone having a bonfire. This was then followed by an outburst of unreasonable behaviour which I subsequently logged as in incident with the police. My Local Environmental Officer believes it will be difficult to prove any nuisance but kindly pointed me to advice on the their website for taking out a private action.
    So not a good start.
    • CommentAuthortony
    • CommentTimeSep 4th 2016
     
    I would take a private action against the EHD then!
    • CommentAuthorGreenlady
    • CommentTimeSep 4th 2016
     
    Hi Tony

    Extracted from the local council website .... In order of EHD to take action they need to witness the nuisance and how it seriously prevents me from living a normal life and it's not just a case of annoyance.

    Some days it's not as noticeable & on others it irritates my sinuses etc. - so I will have to prepare a stronger case

    I thinking I need to get the medical profession involved.
    • CommentAuthortony
    • CommentTimeSep 4th 2016
     
    Keep a diary of all events times, dates, weather wind direction. Get witnesses to see what you are talking about, video evidence, photographs. You can buy Dylos air quality monitor and start data logging results.

    Good luck - there is something badly wrong with EH and I think they know it and don't want to involve themselves.
    • CommentAuthorGreenlady
    • CommentTimeSep 7th 2016
     
    Hi Tony

    Thanks for the encouragement to fight this. I have already bought the Dylos air quality monitor and have been looking for external one too. I 'm going back through all the posts on here to gem up on the technical bits & get help from others inc hubby with the computer /maths side of it.
    I 've also spoken to the EHD again today thanking them for their 14 day diary and pointing out that it will probably take longer than two weeks to prove a nuisance as it's currently 23 degrees so I don't think they will need heating today ! I need to inform the EHD when I'm starting their diary so I must now wait until it's cold again to commence the 14 day monitoring period. !!!! . Let's hope we have two weeks of cold weather soon ....
    • CommentAuthortony
    • CommentTimeSep 7th 2016
     
    It is actually very useful to be able to establish what the air quality is and I would do a fortnight diary of summer as a how it could be set of readings. Photocopy their forms or do your own on excel. Record temperature wind direction and rough speed, neighbours in or not and more like you cooking, bonfire down the road....
  5.  
    GreenLady - Was your neighbours wood burner installed and self certified by a HETAS approved installer? If so it may be possible to complain directly by email to HETAS regarding your neighbours wood burner (you should be able to check approval with your Local Council Building Regulation Officer).

    HETAS approves installers and will investigate complaints against their approved installers. However, they not act on your behalf but will investigate legitimate complaints against HETAS certified installations. Unfortunately they will only deal with either your neighbour or the local EH Officers. Therefore its important if you do contact HETAS complain you clearly state details of your complaint are confidential and should not be shared without your consent.
    • CommentAuthorGreenlady
    • CommentTimeDec 16th 2016
     
    I have a Dylos DC1100 purchased in the US surplus to requirements, . It's the wrong model for my needs , Pls whisper to me if interested.
    • CommentAuthorGreenlady
    • CommentTimeJan 9th 2017
     
    I've had a heated discussion today with my local EHO in brief
    1. He's never heard of Dylos- doesn't accept the results
    2. I mustn't open my windows and I 'm responsible for making my home fume proof.
    3. I can't ( haven't yet ) proven the fumes are from next door.
    4. A statutory nuisance can only exist if it's 24/7.As there where days when I recorded no nuisance it's invalidated any complaint of a statutory nuisance.
    5. The air temperature/wind direction and typography of the landscape cannot be taken into consideration.
    I have contacted an environmental monitoring company regarding air quality but right now I am just so angry !!!!!!!!!!!!
  6.  
    Minutes of the meeting must be produced. Send him your version (sorry no disparagement intended but he will have his own version) and ask him to agree the accuracy (or produce his version for you to agree to). If you can't agree on the minutes then ask for another meeting with a witness and take minutes at the time. It is easy to say things, often you will find a different story in writing. Conversations (or phone calls) mean nothing. Get it in writing and I am sure you will get a different story.

    With regard to Dylos - you will have to find circumstances where the Dylos has been officially accepted, otherwise you will have to go through the process of proving its certification. And even if you do find accreditation you will have to show that its use complies with the accreditation details.

    You can draw analogies
    If you are required to make your home fume proof, does the same apply to noise nuisance - i.e you must make your home sound proof?
    If a statutory nuisance can only exist if it's 24/7 then no nuisance can exist for frequent late night parties as they cease around breakfast time.

    Ask for details of the law and the guidance notes they apply to them.

    It sounds to me like he is on a work avoidance program.

    I have a feeling (no proof) from this and other threads that the EHOs have either been told or have tacit agreement from their management line to put air pollution from wood burning on the back burner and do nothing.
    • CommentAuthorgyrogear
    • CommentTimeJan 9th 2017
     
    Posted By: Peter_in_HungaryI have a feeling (no proof) from this and other threads that the EHOs have either been told or have tacit agreement from their management line to put air pollution from wood burning on the back burner and do nothing.


    yes, reading same-flavour posts on here, it sounds like these EHO's have some common purpose...

    gg
    • CommentAuthorEd Davies
    • CommentTimeJan 9th 2017
     
    Posted By: Greenlady4. A statutory nuisance can only exist if it's 24/7.As there where days when I recorded no nuisance it's invalidated any complaint of a statutory nuisance.
    This is nonsense.

    Just to be sure, artificial lights can be a statutory nuisance but they're generally not a problem in the daytime so clearly not a nuisance 24 hours a day.
    • CommentAuthorbillt
    • CommentTimeJan 10th 2017
     
    Posted By: gyrogear
    yes, reading same-flavour posts on here, it sounds like these EHO's have some common purpose...

    gg


    I doubt it. No doubt EHOs, like most local government departments are having ever greater demands made on them with constantly diminishing resources. In those circumstances I'm not surprised that a difficult to prove breach, like smoke pollution gets put to the bottom of the pile> (Not that this excuses the response given, if it's accurate.)
    •  
      CommentAuthordjh
    • CommentTimeJan 10th 2017
     
    What PiH said about getting agreed minutes or else rerun the meeting. And keep your calm!
    • CommentAuthorCWatters
    • CommentTimeJan 10th 2017 edited
     
    Posted By: GreenladyI've had a heated discussion today with my local EHO in brief
    1. He's never heard of Dylos- doesn't accept the results
    2. I mustn't open my windows and I 'm responsible for making my home fume proof.
    3. I can't ( haven't yet ) proven the fumes are from next door.
    4. A statutory nuisance can only exist if it's 24/7.As there where days when I recorded no nuisance it's invalidated any complaint of a statutory nuisance.
    5. The air temperature/wind direction and typography of the landscape cannot be taken into consideration.
    I have contacted an environmental monitoring company regarding air quality but right now I am just so angry !!!!!!!!!!!!


    As others have suggested I would send him a polite letter to confirm what was said and ask him to correct you if you "misunderstood" anything (not that you did).

    I reckon it would help your case if you can get others to complain with you. That's about the only way they judge the scale of the "problem".
    • CommentAuthorJamster
    • CommentTimeJan 10th 2017
     
    You might want to politely ask them re CPD training or qualifications and what their statement re nuisance being 24/7 is based on. More info at: http://www.richardbuxton.co.uk/the-law/nuisance and also some of the transcripts - try http://www.richardbuxton.co.uk/transcripts/pamela-thornhill-ors-v-nationwide-metal-recycling-ltd - where its noise rather than smoke, but the principle is the same...
    •  
      CommentAuthordjh
    • CommentTimeJan 10th 2017
     
    Posted By: JamsterYou might want to politely ask them re CPD training or qualifications and what their statement re nuisance being 24/7 is based on.

    Definitely NOT until after they have agreed the minutes!
    • CommentAuthorCWatters
    • CommentTimeJan 12th 2017 edited
     
    The problem is that if an EHO decides that a statutory nuisance is occurring they MUST take legal action. Since they have no money for that sort of thing it's not in their interests to find that a statutory nuisance is occurring. If you get nowhere with the EHO then you can take action yourself..

    https://www.foe.co.uk/sites/default/files/downloads/5_2_statutory_nuisance.pdf

    You will need lots of evidence so keep a diary, videos etc, witness statements.
    • CommentAuthorGreenlady
    • CommentTimeJan 13th 2017
     
    Thanks to every one that's commented. All of your advise is appreciated , taken on board and will be acted upon.

    It must have been my written request for the EHO to spend sufficient time in my property to suffer the nuisance and use an EHO's power of enforcement to serve an abatement notice that upset the EHO .I found the tone of the conversation quiet bullying and was taken aback as I unexpectedly, took the call at work.
    Anyway ..ding ding round 2 .! Waiting for the postman to deliver a new diary , the EHO wants me to make a new record and reading between the lines not quote " no nuisance observed " on the days that the wood burner is not being used or quote readings from the Dylos monitior, we are back to the 14 day rule I mentioned in a previous post . In brief - I believe the EHO having told me they have a background in Industry thinks Stat .Nuisance is only applicable to Industry . I will be challenging the EHO on this point .A few L.A. websites I've looked at try to make a distinction between what is considered as a Statutory Nuisance and a "perceived" Nuisance .In my opinion the regularity of the nuisance ( over the winter period ie. months but may be not everyday )and it's impact on my ability to enjoy free movement within and full use of my home etc. makes it a statutory nuisance in addition to the health aspects related to inhaling the emissions, not smoke. I had to keep reinforcing this point with the EHO , emissions not smoke.!
    I agree with the comments from other contributors that the common thread with this is that EHO doesn't really want to get involved- he's going back over old ground to involve Building Control, who will undoubtedly report same the same as before - it meets the minimum regs for height and the HETA 's report states it's OK. Armed with what I've learnt from this site I will be strongly challenging that, don't want to say too much on here as can't be sure who's reading it .!
    I'll keep you posted.
    • CommentAuthorEd Davies
    • CommentTimeJan 13th 2017
     
    Posted By: GreenladyIn my opinion the regularity of the nuisance ( over the winter period ie. months but may be not everyday )and it's impact on my ability to enjoy free movement within and full use of my home etc. makes it a statutory nuisance…
    Statutory nuisance has a specific definition in law and is not really a matter of opinion in this way. See the Environmental Protection Act, 1990 section 79:

    http://www.legislation.gov.uk/ukpga/1990/43/part/III

    Read the exceptions carefully. For example:

    (3)Subsection (1)(b) above does not apply toâ€â€

    (i)smoke emitted from a chimney of a private dwelling within a smoke control area,
    At least that knocks the idea that it only applies to industrial premises on the head.
  7.  
    Posted By: GreenladyEHO doesn't really want to get involved- he's going back over old ground to involve Building Control, who will undoubtedly report same the same as before - it meets the minimum regs for height and the HETA 's report states it's OK

    Unfortunately the BCOs don't want to get involved either however the building regs provide a minimum standard for chimneys but also go on to say that the chimney must carry away the products of combustion. If the chimney fails to carry away such products of combustion then the chimney does NOT meed building regs.
   
The Ecobuilding Buzz
Site Map    |   Home    |   View Cart    |   Pressroom   |   Business   |   Links   
Logout    

© Green Building Press