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I want the council to require our neighbour to deal with the problem and stop the discharge from their stove from entering our property.
The council repeatedly state that the stove meets the Building Regulations, is of an approved type therefore is not covered by the Environmental Protection Act (Section 79) which deals with statutory nuisances. This is odd because the guidance on Odour does not exclude wood burning stoves, specifically, it states that odour from gas and oil heating is covered.
Failing this I understand that I will need to take this problem to a civil court but do not know how to do this. If it comes to this action - what evidence is required to ensure the court will give instructions for the problem to be dealt with satisfactorily?.
Can I get legal assistance or financial help?
Thank you for your reply - As the problem has been brought to the attention of out local MP I can't do anything at the moment.
I fail to see why the Local Council have not taken any steps to deal with the problem. Their officials have simply said I will have to accept the pollution and get used to it. At the same time the Council have stated that 'the smell of smoke is a statutory nuisance' but still refuse to do anything.
I am unsure what evidence is acceptable to the court - we have no measurements other than our smell and this is very temporary but low levels of pollution persist in the house although no other person seems to have a problem - It's a little like sitting in a room which is regularly used by smokers - the long term affects however are beginning to affect our health.
Any suggestions are welcome