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Big BBQ chimney
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simonj


Posts: 51
Joined: Dec 2007
Post: #1
27-05-2008 06:01 PM

Does anyone know the legality of a neighbour having a big BBQ chimney that directs smoke into others gardens and causes a general nuisance? It really is becoming a problem where I live now that we have had a bit of good weather. Apparently the council has been round and it is legal - at least that?s what they say.

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Londondrz


Posts: 1,538
Joined: Apr 2006
Post: #2
27-05-2008 06:30 PM

It's a difficult one as your neighbour could use a normal BBQ which would direct smoke into your garden in the same way. Have you been round and talked to them and explained the situation, that may help.

Failing that get a good strong sprinkler goingClosedeyes

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simonj


Posts: 51
Joined: Dec 2007
Post: #3
28-05-2008 08:13 AM

My neighbours have had a huge row with them as when asked about it they got very defensive and rude. Not sure going round is the best option now.

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Londondrz


Posts: 1,538
Joined: Apr 2006
Post: #4
28-05-2008 08:20 AM

By going round you are giving them another chance to address the situation. You are also taking note of the time and date so if you have to go to the council you can show that you have tried to reason with them and it has failed. The council have a duty of care in a case like this so make sure you write EVERYTHING down before you go to them.

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brian


Posts: 2,002
Joined: Apr 2005
Post: #5
28-05-2008 08:33 AM

Dodgy neighbouts are a nightmare. You have my sympathy.
I think you have to try to talk to them on a rational basis, if they do not respond then at least you have tried. Compile a joint list with the other neighbour of the problems then go to the council.
If no go then as a last resource play loud babpipe music into their garden when they have these dreaded bbq.

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Londondrz


Posts: 1,538
Joined: Apr 2006
Post: #6
28-05-2008 08:37 AM

Thinking about it you dont really have to do much, this is England, it rains, a lot!!!

Rain=no BBQ

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BarCar


Posts: 294
Joined: Nov 2007
Post: #7
28-05-2008 09:09 AM

Londondrz Wrote:
Thinking about it you dont really have to do much, this is England, it rains, a lot!!!

Somebody on our street had a pretty loud back-garden party on Sunday night - went on all night - 'till at least 05:00. I spent the evening doing rain dances but it didn't work. Sad Was chuffed to see that their marquee had collapsed in the storm when I got up on Monday. Laugh

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brian


Posts: 2,002
Joined: Apr 2005
Post: #8
28-05-2008 09:51 AM

I know back garden parties all night have anoyed me to say the least. What has happened to the idea of consideration for others. Surely these parties should cease at the latest midnight.
I believe there is a council number manned 24/7 who will come round and instruct them to reduce noise, or has that stopped.

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ruthb


Posts: 63
Joined: Nov 2007
Post: #9
28-05-2008 10:06 AM

BarCar you're not on Tatnell or Parbury by any chance? If so I know the very marquee and party you are referring to!

But lucky us, we got a note shoved through our door on that same day warning us that this would happen. I was trying to work out whether I think this is unacceptable or not - at first I thought a big party once in a blue moon is fine, but as my husband pointed out, if everyone did that then no-one would ever get any sleep! Also, they had a similar party about a year ago, and got tons of complaints, which is why I think they tried the note thing...

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Applespider


Posts: 283
Joined: Feb 2006
Post: #10
28-05-2008 10:19 AM

We live in a city where our neighbours are relatively close to us without us having much choice in who they are. You kinda have to live and let live while having some respect for each other - don't do to others what you wouldn't want done to yourself.

While smoke if it's deliberately going into your garden to save them is a nuisance, unless it's going straight to your washing line, I doubt you'll have much recourse - other than having one of your own to push some smoke back their way once in a while. Or spreading manure on the days they're having a loud BBQ :p

On the party side, I don't think a big party once a year is entirely unreasonable - although if it had been me, I'd have invited all the neighbours a few days beforehand. And even if everyone in the street did it once a year, in your immediate area, that's likely only about 20 nights out of 365.

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Sherwood


Posts: 1,355
Joined: Mar 2005
Post: #11
28-05-2008 10:35 AM

You could try blocking the chimney with a fence panel or planting the dreaded leyland cypress conifer trees to gow and block the smoke. They can grom 3 feet a year.

Seriously smoke should not be directed into another person's garden. This is likely to be private nuisance. If it is extreme it can be a statutory nuisance, which the Council is obliged to stop.

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ruthb


Posts: 63
Joined: Nov 2007
Post: #12
28-05-2008 10:41 AM

Well this is what I thought initially, I am not adverse to the odd loud party myself, but at the moment we don't have kids (soon to change in about 7 weeks) - I don't know if I would be as relaxed about it if it was my kids being kept awake all night, or if I had to work the next day.

I guess my view is that I have no problem with big parties as long as they finish at a relatively reasonable hour, showing some consideration.

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BarCar


Posts: 294
Joined: Nov 2007
Post: #13
28-05-2008 10:41 AM

brian Wrote:
I know back garden parties all night have anoyed me to say the least. What has happened to the idea of consideration for others. Surely these parties should cease at the latest midnight.
I believe there is a council number manned 24/7 who will come round and instruct them to reduce noise, or has that stopped.


Such consideration seems to be lacking these days. The concept of being entitled to "peaceful enjoyment" of your home is dead.

I believe the council Environmental Health people are so under-resourced that you need to call early in the evening to get a chance of them visiting which defeats the point.

According to http://www.lewisham.gov.uk/Environment/P...hbours.htm they say:

Quote:
After 11pm we expect no noise to be audible in neighbouring properties.


The police will not respond to noise-type complaints unless there is a fight under way. I have considered this as a route to getting them to respond in the past ;-).

ruthb Wrote:
BarCar you're not on Tatnell or Parbury by any chance? If so I know the very marquee and party you are referring to!

But lucky us, we got a note shoved through our door on that same day warning us that this would happen. I was trying to work out whether I think this is unacceptable or not - at first I thought a big party once in a blue moon is fine, but as my husband pointed out, if everyone did that then no-one would ever get any sleep! Also, they had a similar party about a year ago, and got tons of complaints, which is why I think they tried the note thing...


Yup - that's the one. We live 4 doors away and didn't get a note - we could hardly hear our own TV at times.

I don't mind people having occasional parties but I think having the music so loud it can be heard several houses away with all the doors and windows closed and going on past 4am is unreasonable. If they want to do that then they should hire a venue.

Of course, as soon as you involve the council you impact on your property sale potential since you need to declare any formal disputes on sale.

It really makes me fume but there's really nothing effective that you can do with current legislation (without harming your own position) as I see it.

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ruthb


Posts: 63
Joined: Nov 2007
Post: #14
28-05-2008 11:10 AM

They must have thought only people whose gardens back onto theirs would hear the racket Rolleyes

The funniest thing is that it was celebrating a baptism!!

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Applespider


Posts: 283
Joined: Feb 2006
Post: #15
28-05-2008 11:18 AM

Sorry - had missed the bit about 5am!

Yup... I'd say that's unreasonable. A loud party til midnight - or even occasionally until 1ish as people lose track of time is understandable.

Suspect I may have been tempted to get up and cut the grass or do other loud garden tasks early the next day. :P

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brian


Posts: 2,002
Joined: Apr 2005
Post: #16
28-05-2008 11:20 AM

Only thing these people understand is reciprocal. Not sure about the BBQ ( very chavy nowadays ) but as far as noise is concerned the following day put your music on very loud just as they are trying to get some sleep.
I know we have to give and take to live together in a big city but music does not have to be so loud as next door cannot hear TV with windows closed. This is totally unacceptable.
Firework display in back garden of Dacres Road about 10.30 pm couple of night ago. Why that late and I thought fireworks only allowed on , or close , to Guy Fawkes night.

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Triangle


Posts: 133
Joined: May 2007
Post: #17
28-05-2008 03:05 PM

BBQ's, loud music, bonfires, fireworks etc, can all be extremely irritating and your local Environmental Health officer should be able to advise on all of these. Builders working on site on a Sunday or Bank Holiday can also be added to the above list.

However, they wouldn't normally take action if the nuisance is a one off or on the odd occasion. Even if they did visit the site then it would probably be no more than a quiet word.

What you really need to do is to monitor the frequency of the nuisance and keep a diary. Of course this means that you're going to have to grin and "bear it" for a while but Environmental Health are more likely to be able to do something about it if you can prove that it is a regular occurrence.

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NewForester


Posts: 377
Joined: Feb 2008
Post: #18
28-05-2008 04:21 PM

Try looking at the Neighbour From Hell website's article on Bonfires. There may be something useful for you

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PVP


Posts: 271
Joined: Mar 2005
Post: #19
29-05-2008 08:41 AM

BBQ - damn cheeky in my book. If you don't like smoke, don't have the BBQ in the first place! It's like if you have a dog which does it's doodoo's in the neighbours garden but not in your own!

As for the party, of course it should not disturb neighbours by 1 a.m. or so. I say get a dog and put the doodoos on their lawn and see how they like it.

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