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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11819
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have lived in my own house 30 years, it is next door to a

Resolved Question:

Hi I have lived in my own house for over 30 years, it is next door to a fish and chip shop we have never had a problem with the noise and over the years the frying and extractor systems have been replaced without issue, recently the lease changed hands and the new lease holder had a fire in the extractor system which was replaced and the way it exits the premises was moved slightly the extractor flue was not put back in the original place until the planning department realised and told the lease holder he had to reinstate it as original due to planning laws, the chimney was reinstated but is not the original robust construction and appears to be of cheaper gauge metal and the exit from the property is has not been reinstated but planning department have told the owner they are happy as he has informed them it is as was originally, my problem is the noise level now experienced has increased and can be heard within my home with the windows closed the extractor is now running from 10 am each morning until 8 pm and later 6 days per week this was never the case previously, the opening hours have been increased by the lease holder to 3 hours each lunchtime and after these hours he vacates the premises leaving the system running, then it runs until he leaves each evening, previously the running times were 2 hours each lunchtime and two hours each evening, now I am subjected to all day 6 days a week without any peace the level of noise is such I can no longer go out into my garden, I have approached the owner who has no intentions of rectifying the matter or limiting the use of the extractor to the times he is actually in the building. Where do I stand ? environmental health officer has visited when I was out and response was it was at time visited hard to hear at my property due to traffic the traffic is not heavy at normal times, she was visting when the premises was open for lunch time trading hence traffic volume would be increased.
Submitted: 12 months ago.
Category: Law
Expert:  chatham-chamber replied 12 months ago.

Hi,

The difficulty that you have here is that if the local council have confirmed that it complies with regulations, all you can do, in my opinion, is chase the environmental officer to make numerous visits or even install a noise detector to ascertain the level of noise emanating from the unit.

Until you have the evidence and support of the local council, I am of the opinion that you will have a difficult time of convincing the local council to take further action.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kin regards,

Customer: replied 12 months ago.
Hi do you think there is anything I will be able to do about the extractor being left running whilst the building is unoccupied? His reasoning behind this is if he turns it off the building will catch fire, no other lease holder or owner has ever done this and if that was the case how does he leave on an evening and shut it down, also as this is a residential area and also a conservation area can a business the lease holder believes to be such a large fire risk be allowed to operate?
Expert:  chatham-chamber replied 12 months ago.

Hi,

To be completely honest, I cannot say. I have not had details of specifications etc and even then, I'm not an engineer do would only be guessing.

I can only suggest that you get on to whoever you can at your local council and make a bit of a nuisance of yourself regarding the issue.

Hopefully you will be able to get the environmental health department to take some forms of action.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11819
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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