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    •  
      CommentAuthorSteamyTea
    • CommentTimeMay 8th 2016
     
    Yes, but if 3 people tell three people each who then tell another 3 people each every day, it will only take a fortnight for the whole of England to know about it.
    • CommentAuthorKB1
    • CommentTimeMay 8th 2016
     
    There will be many more of us - the majority will not know who to turn to for support.

    I've written to MCS and filed a complaint against this appliance - A Central Boiler - asking for it's Certification to be removed. I've attached photos and offered them a Toxicology report. They must respond within 7 days.

    Outside Wood Boilers are being imported by 'Bentley Fire Shop' - they qualify for the Renewable Heat Incentive which means the owner receives money from the Tax Payer every quarter for 7 years - amounting to around £7500.

    The manufacturer claims they are smokeless - when they are clearly not. The County Councils rely on the 'competent person's scheme' for assurance that fires and OWBs are correctly installed - that is why complaints are met with a shrug. The lazy EH officers don't want to get involved because its 'not our job'. The installers are required to take site conditions into account - therefore things like wind direction, buildings, trees etc should all come into the assessment because of the effect they will have on the smoke plume. Some Installers don't care - they just want to be paid.

    HETAS are toothless - they can't just turn up and shut down an installation. All they seem to do is train the installers who are then free to go out installing fires, stoves and OWBs and self-certify their own work. There are no checks. If you complain to HETAS and the owner refuses to let HETAS inspect the site then there is nothing HETAS can do.

    The installer of my neighbour's OWB has gone bust - so HETAS can't even contact him.

    I persuaded Ceredigion to do their own 'independent' inspection by a qualified person - guess who organised that? Bentley Fires - the sole importers. The result was 'it has been properly installed' and 'we are closing our file'.
    Under the Freedom of Information Act I am entitled to a copy of this report - they continue to ignore my request despite having had instructions to release the information - by the Welsh Ombudsman. It is a story that is being repeated all over the country because our EH officers are poorly trained and Councils have no spare money to carry out investigations and do their jobs properly.

    I did my own research on OWBs and downloaded the manufacturer's installation diagram - I sent it to the Council - identifying all the ways the site is non-compliant. They ignored it. I asked them for a copy of the installation diagram their 'independent' expert was using as I'm entitled to, under the Freedom of Info Act - they haven't responded.

    I've just written to Ceredigion County Council letting them know that I will take them to Court for their failure to issue an abatement order - it's been three years of research - to get to this stage. The OWB is non-compliant, should never have been installed and is a very serious risk to health. All smoke is life threatening but OWBs are the worst because of the tiny (invisible to the human eye) particulate matter size. It penetrates homes no matter how airtight you think your home is. These PMs build up inside the home and can reach levels that are many times higher than outdoors -Putting individuals at high risk of cancer, strokes and heart attacks - particularly at risk are infants, children and the elderly.

    All this information has been verified and toxicology reports and expert studies from Europe and the States were send to the Welsh Ombudsman, NHS Wales, Mark Williams the Ceredigion MP and Kirsty Williams (Lib Dem), Ceredigion County Council and Victoria Derbyshire at the BBC. So far no one has acknowledged the seriousness.

    Apparently woodsmoke is still seen as harmless even though we spend millions enforcing smoking bans on cigarettes.

    An OWB can be as bad for your health as breathing in the fumes of upto 50 diesel engines.Yes FIFTY.

    OWBs are never 'off' - they burn 24/7, 365 days of the year and if we don't get them banned there will be one coming to a house near you - soon. (Remember - there is a £7500 incentive waiting to be collected)

    Mikee and Waddler - can you ask your Councils for copies of the installation diagrams for the offending appliances?
    If these are newish installations they need to comply with strict regs and site considerations are part of that.

    Regards
    KB1
    • CommentAuthorgyrogear
    • CommentTimeMay 8th 2016 edited
     
    "So is that 3 of you that now have a neighbourhood smoke problem"

    "Tip of the iceberg"

    (Yes, what about Alberta...)

    More seriously, many thanks to KB1 for the Heads-Up...
    Highly Articulate, if I may say so,
    I Just Sent it to Three People...
    ==========================
    gg
    • CommentAuthorKB1
    • CommentTimeMay 8th 2016
     
    Thanks for spreading the word - people need to know about this - I just wish I was more internet savvy so this information could go viral ....
    •  
      CommentAuthorSteamyTea
    • CommentTimeMay 8th 2016
     
    A lot of people do know about it, most of the technical side of the renewable energy industry knows it is a problem. Just, as you say, it is hard getting the message across.
    I badgered You and Yours on Radio 4 for several years about it, they have mentioned it in passing a couple of times now.
  1.  
    Posted By: SteamyTeaA lot of people do know about it, most of the technical side of the renewable energy industry knows it is a problem. Just, as you say, it is hard getting the message across.


    Not so much hard getting the message across, rather I think that the LAs and EHOs etc. are frightened of the deluge of work if they pick up a few cases and enforce the polluters to clean up or stop polluting and are seen to be doing something.

    KB 1 at the moment thanks to Brussels you are entitled to peacefully enjoy your property (Article 1 of Protocol No. 1 to the European Convention on Human Rights guarantees the right to property. It provides: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions.) (Brexit would do away with this right!!)

    The Government and their agents (agent = anyone to whom the Government delegates powers i.e. (IOM) HETAS if their actions are carrying out duties delegated by the LA ) are in law duty bound to uphold this right. It is also quite clear that INACTION can also cause a breach of this right.

    So if the LA (or their agents) fail to act on the law regarding this smoke pollution their inaction can be classed as a breach of your Human Rights under the above mentioned article. This is pursue-able through the UK courts in the first instance as Member Countries are duty bound to uphold the European Convention on Human Rights This is perhaps another lever you may wish to use when writing to the various authorities and / or their agents.

    IMO you are not correct in requesting the Certification to be removed for the Central Boiler - in all probability the OWB will comply sufficiently for the certification to be continued and if it is investigated and found to comply then you will be informed of this fact and the case closed!!. The problem is almost certainly (as with Mikeee5 neighbours stove) not the wood burner itself but the manner of its installation and use that is causing the problem. If you read Mikeee5s thread considerable time has been wasted discussing the type of wood, the manner of the use of the stove and the stove itself whereas in fact it is the unsuitable chimney that is causing the problem. I suspect that if the OWB chimney was lengthened sufficiently your problem would go away.

    The fact of the pollution is your problem (and thereby the contravention of the building UK regs, other regs and the ECHR Article 1 of Protocol No. 1). It is not your job to point out the cause of the problem and offering solutions can actually be detrimental to your case. (If you say 'I think you should do .......', and they do it and there is no cure, where are you then). You can point out the breaches of regs and rights and it is up to the authorities to enforce the regs. and uphold your rights. It is up to the offender to comply in any way they see fit - providing they comply with the regs. and don't infringe your rights.

    Unfortunately as you are finding out the authorities have little appetite to pursue these issues.

    IMO you are correct to write to Ceredigion County Council telling them that you will take them to Court for their failure to issue an abatement order but as with Mikeee5 case I suspect their first line of defence will be that the OWB complies with the regs. The authorities and their agents are fond of forgetting that the building regs require that chimneys are required to carry away the products of combustion, and when they consistently don't then the chimney fails the building regs. but it's the chimney at fault not the stove or the type of fuel!!

    It is a different matter that when the chimney does work the pollution still occurs but it is carried away from you, diluted by distance and lands on someone else who may not know where it is coming from and will have little or no chance of doing anything about it. - But eventually that will be a problem for society as a whole.

    As I said to Mikeee5, until the problem is resolved you want the OWB to be producing visible smoke, and sorry, the thicker the better, if it was actually smokeless then you would still have the sub-2.5 particles which whilst invisible would do more damage than visible smoke and you would have no chance of doing anything about that!

    Health warning - I am not a lawyer but I am a user of a gasifying wood burning boiler
  2.  
    As an after thought - perhaps you should start your own thread if this is to continue, rather than run in tandem with Mikeee5 on this one.
    • CommentAuthortony
    • CommentTimeMay 8th 2016
     
    I do not like the idea of dissecting the appliance, the fuel, the installation and the flue.

    The problem is nuisance.
    • CommentAuthorGotanewlife
    • CommentTimeMay 8th 2016 edited
     
    Posted By: tonyI do not like the idea of dissecting the appliance, the fuel, the installation and the flue.
    P-i-H didn't, in fact he was at pains not to do so - his post clearly pointed out that:
    Posted By: Peter_in_HungaryIt is not your job to point out the cause of the problem and offering solutions can actually be detrimental to your case.
    However, it is also undeniable that were the chimney 100m tall there would be no problem, well at least (again as P-i-H points out) for any specific person. In short, solutions exist within UK law to stop this, these solutions are not being implemented; fortunately you have recourse to Brussels. I feel sure this is the only realistic option and the only other option (unrealistic) is being fortunate enough to get an Esther Ransom, Which or Sun type public campaign to embarrass Govt etc.

    So, I disagree that:
    Posted By: tonyThe problem is nuisance.
    It was, but now it is that:
    Posted By: Peter_in_HungaryEvery natural or legal person is entitled to the peaceful enjoyment of his possessions
    and those effected can't. Great post Peter, I think you have drawn a line under all that has been written before - further useful comment can only be directed at progressing a case to brussels.
    • CommentAuthorEd Davies
    • CommentTimeMay 9th 2016
     
    Posted By: Peter_in_HungaryKB 1 at the moment thanks to Brussels you are entitled to peacefully enjoy your property (Article 1 of Protocol No. 1 to the European Convention on Human Rights guarantees the right to property. It provides: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions.) (Brexit would do away with this right!!)
    Pedantically, the ECHR has little to do with Brussels [¹]. Being a signatory to the ECHR is a requirement for being a member of the EU so, for those who want to get Britain out of the ECHR Brexit is a step required to that end [²], but the opposite is not true: a country does have to be in the EU (or the EEA) to be a signatory to the ECHR.

    All countries in Europe (the continent, not the union) with a few exceptions (Belarus, the Holy See, Kazakhstan [³], Kosovo, a few other small ones?) are members of the ECHR.

    So Brexit would be a step towards doing away with this right but would not in itself achieve that.

    [¹] Literally in that its sponsoring institution (the Council of Europe) and enforcing institution (the European Court of Human Rights (ECtHR)) are based in Strasbourg.

    [²] Something the Home Secretary appeared (pretended?) to not understand recently.

    [³] A tiny corner of Kazakhstan is considered to be in Europe. Russia is a member of the ECHR in the same way even though a lot of it's in Asia.
  3.  
    Posted By: Ed DaviesPedantically, the ECHR has little to do with Brussels
    We can always rely on you to be pedantic Ed. :cry:
  4.  
    Point taken, signatory to the ECHR is a requirement for being a member of the EU, but at the moment you do not have to go to the ECHR (Strasbourg) to pursue infringements of your human rights (ECHR Article 1 of Protocol No. 1 in the context of this thread) the infringement can (at the moment) be pursued through the UK legal system.
    • CommentAuthorMikeee5
    • CommentTimeMay 9th 2016 edited
     
    <blockquote><cite>Posted By: SteamyTea</cite>So is that 3 of you that now have a neighbourhood smoke problem
    Mikee
    Karen (KBI)
    Waddler.</blockquote>

    That's six now Steamy, there's Desie, Gareee and Long John2.

    Great posts KB1, you have put the spark back into my campaign.

    I contacted the Planning Department last week and the smelly tubbies haven't even submitted a planning application! I have requested that my solicitor carries on with the court action, still waiting for his reply.
    •  
      CommentAuthorSteamyTea
    • CommentTimeMay 9th 2016
     
    Have you thought of setting up a twitter and facebook page. As much as I hate those social media sites, they are an affective way of getting a message out. Just keep it to general facts, not opinions, and don't you your own examples as proof.
    •  
      CommentAuthordjh
    • CommentTimeMay 10th 2016
     
    Not sure which thread to post it in, but FWIW there was an answer to a question in the Home section of the Snuday Times yesterday that explained a bit about the different types of nuisance and the conditions that apply. I read a paper copy and the online version is behind a paywall, so I can't provide a link, sorry.
    • CommentAuthorKB1
    • CommentTimeMay 10th 2016
     
    Thanks Peter, Steamy, Mikee et al - for your help and support

    As suggested I've started a new thread about these OWB's = if that's the correct protocol - apologies - I'm new to Forums.

    OWBs -KB1- SMOKE HEALTH HAZARD

    Peter if you have one of these boilers - you will find this link interesting reading :

    http://www.ehhi.org/reports/woodsmoke/woodsmoke_report_ehhi_1010.pdf
  5.  
    Posted By: KB1Peter if you have one of these boilers - you will find this link interesting reading :

    My gasifying boiler is not an OWB (actually it is a Kunzel) but an interesting read nonetheless
    • CommentAuthorKB1
    • CommentTimeMay 10th 2016
     
    http://www.ehhi.org/reports/woodsmoke/woodsmoke_report_ehhi_1010.pdf

    Environment and Human Health, Inc. (EHHI) is a ten-member, science-based organization composed of physicians, public health professionals and policy experts. The organization is dedicated to protecting human health from environmental harms through research, education and the promotion of sound public policies.

    EHHI is not a membership organization and therefore all of its support comes from foundations and committed individuals. EHHI does not receive any funds from businesses or corporations.

    Kind regards
    Karen


    The study it reports was peer-reviewed and published in 2014 in the Journal of Inhalation Toxicology :
    • CommentAuthorKB1
    • CommentTimeMay 10th 2016
     
    Mikee

    You might also find EHHI a useful source of information on the dangers of smoke inhalation

    While OWBs are the dirtiest offenders (gasifying wood burners included - no matter what the make - if its burning logs) its producing PM (particulate Matter) - smoke is smoke - and it's carcinogenic.

    New studies in the States are showing that burning wood is not a green alternative after all - its just plain stupid.

    Educate yourself about smoke - I am happy to help you any way I can

    Regards
    Karen
    • CommentAuthorKB1
    • CommentTimeMay 10th 2016
     
    • CommentAuthorKB1
    • CommentTimeMay 10th 2016
     
    • CommentAuthorMikeee5
    • CommentTimeMay 11th 2016
     
    Wow. Thanks for all the information Karen, looks like you have been doing your home work! I've been at it since 2011 and I've not found anywhere on the net where it says wood smoke is good for you. I just can't understand the EH officers, it's crazy. The expert witness that my neighbours employed for their defence was very clued up on particulate matter and the associated health effects !

    I will have a look at your thread when I've finished updating my databases for this weeks euromillions !!!

    Mikeee5
  6.  
    I've read your discussion thread with interest and have found it very helpful providing information on dealing with the EHO and Building Control. We have been suffering from our neighbours smoke pollution nuisance for over 5 months ourselves (>80 incidents) and the Councils EHO's have witnessed smoke in our home several times over months, but no action taken. Our problems are the EHO's test of nuisance is totally subjective as the regs don't categorise or define the nuisance objectively (which with the sensing equipment available today they should be able to do). We have an Air Monitor measuring the PMs which are frighteningly high! EH make all sorts of excuses as to why it is not a nuisance, fail to take action and pass the problem back and forward with building control all the while saying they have to witness a nuisance or agree that the installation is non compliant with Building Regulations before they will take any action.

    All the time delay, delay delay, whilst we continue to be smoked out of rooms in our house and until the Officers decide if they agree based on a purely subjective test of their smell they allow the installer who self certifies the installation, HETAS who are supposed to be the regulator and the person operating the fire off the hook.

    Self regulation by a trade body or "approved installer" is wrong someone who profits from a sale should not also regulate themselves. This needs wider publicity to make more people aware of the hidden pollution presented by wood burners. Passive smoking in closed public places is against the law in the UK why should anyone be forced to breath this dangerous pollution in our homes.

    I intend to start a thread of my own as our nightmare goes on. Pollution is a choice breathing is not.
    • CommentAuthorMikeee5
    • CommentTimeMay 11th 2016 edited
     
    Wahooey, the smelly tubbies planning application has been presented to my local planning department. They are seeking permission to chuck a 1.5 m x 125 mm Flue on top of the existing stack.

    Anyone know if there should be drawings available to view the design, how it's going to be secured etc? Can't see anything online.
  7.  
    As a neighbour, who is affected by planned works, you should be notified by the planning dept and at the very least be given the opportunity to view the plans at the Councils Offices (some councils make them available online) and comment on them.
    • CommentAuthorowlman
    • CommentTimeMay 11th 2016 edited
     
    <blockquote><cite>Posted By: Mikeee5</cite>
    ......................., how it's going to be secured etc? Can't see anything online.

    Over a certain height flue manufacturers fitting instructions usually require guy lines. They may have opted to stay just under the critical height, 1.5M doesn't seem much to cure the problem.
    • CommentAuthorKB1
    • CommentTimeMay 11th 2016
     
    Mikee

    Are you interested in finding out how others (like me and cleanairforall2) are progressing our smoke problems with our Councils? We can share experiences that have worked and help each other - I'd like to keep connected - would you?

    Someone called djh is posting rather aggressive messages on the thread I started (not my idea to start yet another thread about smoke nuisance - isolating each of us doesn't really make a lot of sense)

    This may help you:
    I think the EH officers lack of duty to issue abatement orders may be, in legal terms, 'Nonfeasance'. It is when a duty to act is not carried out and this results in harm to the other person. There is legal precedent.

    I wrote my County Council threatening to take them to Court for not issuing an abatement notice (they received it Monday) and they have responded immediately - I seem to have grabbed their attention!

    If you would like me to keep you updated - so we can learn from each other - I'm happy to do so.

    Cleanairforall seems to be getting the same treatment from EH officers so if one of us gets a result the others could use it to strengthen their own case.

    Regards
    Karen
  8.  
    Totally agree we have felt totally isolated and pooling knowledge can only be a good idea.

    At the moment we just keep putting everything in writing to the case Officer, Local Council etc. We keep a detail log of everything related to the nuisance and refer to it in correspondence with the EHO (which seems to make the EHO a bit tetchy). It often feels like we are hitting a brick wall as no one with the powers to act seems to want to do anything to help (money?).

    We have had a variety of officers to visit disrupting our lives while the person creating the nuisance just carries on polluting us. Some of the Officers visiting have given us the impression they don't see the problem and/or only know about bonfires, sewage smells and noise nuisance but not much about wood burners or the associated health risks, one of the Officers early on in the process gave the impression they see nothing much wrong with wood burners, suggesting we just close off rooms and a couple of Officers who who were more informed about the nuisance.

    Perhaps you may want to look on twitter @cleanairforall2, posted resource information about all the health risks which may be of interest.
    • CommentAuthormartint
    • CommentTimeMay 11th 2016
     
    re KB1 and the Central Boiler / OWB
    Is this not just a 'log gasification boiler' in its own weatherproof enclosure? We were looking at a gasification boiler a couple of years ago under the RHI scheme, and a local supplier suggested this as an alternative to Windhager and Vigas brands - the main benefit being that we didn't lose space in our garage.
    If studies indicate / prove that this is introducing dangerous particulates into the atmosphere, then presumably all of the gasification boilers are doing the same thing. This particular boiler seems to have specific installation issues - but the studies referenced by KB1 were done on properly installed boilers using dry wood.
    I write as someone who regularly uses a wood burning stove. I have my own woodland, and all of my wood is dry and well seasoned. I don't think I am causing my neighbours a nuisance. I am often outside when the fire is lit, and have never seen any visible smoke, except when the fire has recently been lit - but that is only for a short time.
    But following the logic, if gasification boilers, at 90% efficiency, are dangerous, then wood stoves at 70% efficiency are much worse.
    I sympathise with KB1's neighbour, in that if they have, in good faith, invested in this boiler, it will be an impossible decision for them to make to effectively scrap their investment.
    We were considering installing a second stove - perhaps I should think again.
    But taking the opposite argument proposed by other contributors - there are already so many risks, and so many other causes of pollution (not least of which - sacks of wood sourced from Latvia, on sale at approx £4 per bag in a local shop. What is the CO2 cost of getting that to Cheshire?). And what of gas as a 'clean' fuel, but still a significant source of fossil fuel CO2?
    I think I generally accept that (locally sourced) wood is CO2 neutral - so we are really looking at the choice between evils. I have always thought that I am being green by burning wood - am I wrong?
    •  
      CommentAuthorSteamyTea
    • CommentTimeMay 11th 2016
     
    Posted By: martintI think I generally accept that (locally sourced) wood is CO2 neutral
    We have been over this quite a few times. Over about a 50 to 100 year period, timber may be carbon neutral. It does very much depend on where you start your accounting period and the speed that your woodland matures at.

    As an experiment, I am growing some sycamores. These are fast growing. Each year I dig them up, clean the dirt off and weigh them.
    At the start of year 3 (so a two year old sampling) my biggest sample weighed 0.139 kg. Now that is 'wet mass' not dry mass.
    So it has absorbed about 1/3 of the emission of 1 kWh of electricity.
   
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