Mon, 15 Jun 2026 05:58:55 +0100 https://www.greenbuildingforum.co.uk/newforum/ Lussumo Vanilla 1.0.3 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236633#Comment_236633 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236633#Comment_236633 Thu, 18 Feb 2016 16:32:50 +0000 Mikeee5
A letter to the European Court Of Human Rights to see where I stand with the local authority is still high on my to do list. I guess the result from that action will decide whether or not the Local Authorities will change their processes. They have never been on my property when the fire has been lit. They have assumed the chimney worked correctly and a nuisance and hazard to health did not exist !! I still can't believe we have been left like this for over 4 years. As you know we have exhausted the local authorities complaints procedures , the ombudsmen, Councillors and MPs.

I can't thank you guys at GBF enough for all the help and support you have provided over the years. The knowledge and professionalism of everyone has been second to none. There is no way we would have got this far without you guys. Yep , I'm going to throw my Scooby Doo ending in. "They would have gotten away with it if it wasn't for you pesky kids " . It was one of the members that suggested checking out our home insurance to see if we were covered for neighbour disputes. Luckily we were and I would urge anyone with nearby neighbours to make sure you have cover, we never saw this coming, it could happen to anyone. The odds of taking this to court and risking tens of thousands of pounds in costs would be far to high, thank god we were insured and have managed to get this far. If anyone asks advice now , home insurance and legal cover for neighbour disputes would be the first thing I would say and then and only then I would suggest a fire hose aiming down the chimney with a smoke sensor triggering system!!!!!


Mikey 5 and out.....]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236652#Comment_236652 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236652#Comment_236652 Thu, 18 Feb 2016 23:14:03 +0000 Gotanewlife https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236656#Comment_236656 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236656#Comment_236656 Fri, 19 Feb 2016 10:31:02 +0000 Mikeee5 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236657#Comment_236657 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236657#Comment_236657 Fri, 19 Feb 2016 13:53:14 +0000 Chris P Bacon
If they choose to go to court and it is pointed out that the expert witnesses stated that they need to raise the chimney and they haven't done so then the Judge will take a very dim view and surely find against them.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236668#Comment_236668 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236668#Comment_236668 Fri, 19 Feb 2016 18:49:03 +0000 Gotanewlife https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236801#Comment_236801 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236801#Comment_236801 Tue, 23 Feb 2016 07:22:27 +0000 Triassic https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236802#Comment_236802 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236802#Comment_236802 Tue, 23 Feb 2016 07:30:12 +0000 DarylP ]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236826#Comment_236826 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236826#Comment_236826 Tue, 23 Feb 2016 16:46:21 +0000 ringi
WBS always leak a little smoke into a room, but in most cases it is not an issue, as the ventilation removes the smoke so it can not build it. Particles build in in the air in building, faster then CO2 does.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236835#Comment_236835 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236835#Comment_236835 Wed, 24 Feb 2016 08:44:09 +0000 Mikeee5 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236837#Comment_236837 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236837#Comment_236837 Wed, 24 Feb 2016 09:33:35 +0000 owlman https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236840#Comment_236840 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236840#Comment_236840 Wed, 24 Feb 2016 09:53:55 +0000 Peter_in_Hungary https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236843#Comment_236843 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236843#Comment_236843 Wed, 24 Feb 2016 10:32:17 +0000 Gotanewlife https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236852#Comment_236852 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236852#Comment_236852 Wed, 24 Feb 2016 12:23:48 +0000 snyggapa
You could agree that if this solves the problem then you would be happy (i.e. emphasis on you will accept it if the results are good, rather than accept it on paper before it is tested in the real world). I assume the main result you want is the nuisance abated rather than the cosmetic look of the houses, which is a separate issue. The problem you may have is that by the time this is implemented, the heating season will be over so you won't know the results for nearly a year. Not sure how that plays out with the legal process - can you "stay" it for a period of time?]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236856#Comment_236856 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236856#Comment_236856 Wed, 24 Feb 2016 12:49:23 +0000 tony https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236857#Comment_236857 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236857#Comment_236857 Wed, 24 Feb 2016 14:12:40 +0000 gyrogear
would (? WOOD ?) do *wonders* for your home's value, no doubt...

gg]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236860#Comment_236860 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236860#Comment_236860 Wed, 24 Feb 2016 15:16:58 +0000 Triassic https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236861#Comment_236861 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236861#Comment_236861 Wed, 24 Feb 2016 15:20:45 +0000 Triassic https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236863#Comment_236863 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236863#Comment_236863 Wed, 24 Feb 2016 16:50:45 +0000 PeterStarck Posted By: TriassicMaybe they would be better advised to insulate and draft proof their house, after all it's fool proof and will save them money!

It's only fool proof if it's not fitted by a fool!]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236868#Comment_236868 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236868#Comment_236868 Wed, 24 Feb 2016 18:49:22 +0000 Mikeee5 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236879#Comment_236879 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236879#Comment_236879 Wed, 24 Feb 2016 22:28:59 +0000 gyrogear
gg]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236886#Comment_236886 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236886#Comment_236886 Thu, 25 Feb 2016 02:39:50 +0000 longjohn2 A word of caution - please clearly let your solicitor know, that only a solution that stops the nuisance of smoke and fumes affecting your property will be acceptable. If the proposed 1.5 m flue extention does not cure the problem then an additional remedy must be found. The onus for a solution must lie with your neighbour. It seems the 1.5m height would not required plann ing permission? Don't accept anything short of a cure, it might need to go higher!]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236889#Comment_236889 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236889#Comment_236889 Thu, 25 Feb 2016 07:58:59 +0000 SteamyTea It is up to them to sort the problem.
I could lock my car in a garage, turn the engine and and agree with someone that 'it is not a problem'.
I would be wrong though. ]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236918#Comment_236918 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=236918#Comment_236918 Thu, 25 Feb 2016 13:15:24 +0000 MarkyP https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237118#Comment_237118 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237118#Comment_237118 Tue, 01 Mar 2016 16:18:27 +0000 Mikeee5
I spoke to my solicitor yesterday and he said that there was more of an issue for my neighbours to get planning to raise the stack apposed to the 1.5 m pipe, so it looks like the pipe it is then!

I have just received the agreement in the form of a Tomlin order. It appears that the claim is stayed on the proviso that my neighbours increase the height to a minimum of 1.5 metres with an insulated pipe and fit a cone shaped cowl. They have also to agree to burn wood that is not treated, is no larger than 10cm in diameter and no more than 25cm in length.

I asked my solicitor what would happen if the remedial work is unsuccessful and he basically said there would be nothing further we could do with this case. He said that my neighbours are doing what the experts have recommended which is what we would have hoped for if it did go to trial.

Fingers crossed that the remedial work will be successful.

Well it`s been a long old slog folks. The involvement of solicitors and court action was a result of being let down by professional people in my Local Authority and the blinked view of the ombudsmen. The last time I spoke to my neighbours son he said "as far as we are concerned we are doing nothing wrong". His departing words were "take us to court, do what you have got to do". I am sure it has caused his parents lots of distress and anxiety having to deal with the court action. Now they are carrying out remedial work which could have been done 4 years ago. The fuel that they have stock pilled is of the correct size and moisture content and there is sufficient fuel for the next 2 years.

I will be writing to the European Court Of Human Rights with my story to see if I still qualify for a hearing for the LA and Ombudmens involvement. You guys will have to let me know if you want me to keep updating the thread with that or whether you wish me to bring the thread to a close. It`s been running a while now, must be some kind of record for GBF. This will be the 1439 post including the private messages I have received !!

Thank you to all that have provided help and support over the years. I hope the thread will go some way to help others that are suffering from a smoke nuisance problem.

Mikeee5

Cough Cough !!]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237119#Comment_237119 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237119#Comment_237119 Tue, 01 Mar 2016 16:21:11 +0000 tony https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237120#Comment_237120 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237120#Comment_237120 Tue, 01 Mar 2016 17:45:47 +0000 Ed Davies Posted By: Mikeee5I asked my solicitor what would happen if the remedial work is unsuccessful and he basically said there would be nothing further we could do with this case.Sorry, but why are you agreeing to this then?

A stay while they try a fix on the assumption that if it doesn't work the action will then proceed is reasonable. Giving up your rights on the gamble that it will is not.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237121#Comment_237121 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237121#Comment_237121 Tue, 01 Mar 2016 18:30:05 +0000 Peter_in_Hungary
I had to look up a Tomlin order and found -
The order is named after High Court judge Tomlin J (as he then was) from his ruling in Dashwood v Dashwood, that such an order kept the proceedings alive only to the extent necessary to enable a party to enforce the terms of the settlement.

This implies that you have reached a settlement. Surely the settlement should be that they stop the pollution - NOT that they try the fix suggested by the experts (did the experts guarantee a fix ?? )

Chimneys are fickle things and what works in one location may not work elsewhere. If the settlement says stick 1.5M of pipe on top of their chimney then once they have stuck 1.5M of pipe on their chimney you are then done - what ever the result of the pollution

IMO the settlement should say 'stop the pollution' - nothing more is needed. How they stop the pollution is not your concern and the only way that a specific solution should be part of any agreement is if the expert recommending it will put his professional guarantee against it and accept the liability if it fails to produce a fix. - Which by the way I doubt that an expert would do.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237122#Comment_237122 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237122#Comment_237122 Tue, 01 Mar 2016 18:38:34 +0000 SteamyTea
Don't agree to it, the new chimney will probably not get past planning and is not going to fully cure the problem. Only cure is stopping the local burning.

I once settled out of court for a road accident because my solicitor said it was a good deal. It wasn't as I still have problems from it 29 years later.]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237124#Comment_237124 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237124#Comment_237124 Tue, 01 Mar 2016 20:36:43 +0000 djh I asked my solicitor what would happen if the remedial work is unsuccessful and he basically said there would be nothing further we could do with this case. He said that my neighbours are doing what the experts have recommended which is what we would have hoped for if it did go to trial.
I think this is the key. Everybody else here has implied that what they think is reasonable is that what you would have hoped for is that the problem was cured. Why does your solicitor think that just making an attempt to cure the problem is reasonable? Even if the attempt is guided by experts it may fail, and if so the nuisance will persist. If the new chimney is refused planning then as I understand the law you will be entitled to restart proceedings. But ultimately they may need a taller chimney, which might be refused planning or might cost too much, in which case their only way to remedy the situation would be to stop using their stove.

If it came to that, does your solicitor think that you would lose such a case? If not, why is he suggesting a settlement now? Will your insurance pay to bring a new case if necessary?]]> https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237130#Comment_237130 https://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=9305&Focus=237130#Comment_237130 Tue, 01 Mar 2016 21:31:54 +0000 Gotanewlife
Do not sign anything!]]>