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Hi, welcome to Just Answer. I will help you with your question.
The local authority is the obvious starting point, which you're exploring, and is the right thing to do.
However, if you get nowhere, you might be able to rely on private law rights under the law of nuisance.
This is where somebody does something that is legal to do, but causes undue nuisance to a neighbour on their land, as in your case.
The courts always have to strike a balancing act with this kind of thing, and it's always difficult to say therefore what a court would do.
But, it has the power to order the resisting of the extractor, and if this is at minimal cost, it might be worth offering to pay for that to happen, and threatening court proceedings if he refuses. That way, he is at massive risk if litigation ensues, as if the court agrees with you, and orders it be re-located, then you should get all your costs of the litigation.
So, although it sounds unpalatable now, to offer to pay for the thing to be moved, it might be the best option longer term if the local authority refuses to exercise its powers.
Does that make sense?
Hi Max, thanks for the information, to offer to make a contribution if the cost isnt to much has crossed my mind.
Okay, it might be a sensible way to resolve it quickly, and most importantly, cheaply?
the first thing the representative from the local authority said was he will have to get planning permission and that will cost £378.00 for starters and we do feel they are on the land lords side. the question I possed to the Pollution officer was why didnt they at planning stage point this out, the Architect employed to do the planning informed the builder that our back garden sis treated as our living room in the house and the fan should be above the eaves of our roof not the single storey kitchen roof of the public house. your thoughts would be appreciated please.?
If he should seek planning approval at a cost of £378, then this needs to be taken into account by you when making a proposal to move the extractor.
He perhaps should have pointed it out - but for whatever reason, that appears not to have happened.
You can only work with the position as it is unfortunately.
So their builder said they should move it too?
Max, if the pollution officer comes back to us and says sorry nothing they can do what would you recommend?
Then I think you need to look at doing what I've suggested above - making him an offer to move it, as the quickest/cheapest way of addressing a horrible issue.
And then, if he still wont do it, look to issuing court proceedings.
At that point, I expect it will resolve is my gut feeling.
I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.
Max, what is a fair offer in terms of percentage of cost?
I would have said 50:50 was fair.
But its a negotiated exercise often - so go in with you best offer, maybe to contribute 20% of costs or so, and get to 50:50??
Max, Thank you