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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A week ago our neighbour had a wood burning device installed

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A week ago our neighbour had a wood burning device installed in his conservatory and has erected a large silver chimney very close to the perimeter of our garden. When he burns wood smoke pollutes our garden and we have had to close all windows and doors and the garden smells strongly of smoke
My wife suffers from asthma
What can we do?
Hello my name is ***** ***** I will help you.
Have you spoken to him or the Council please?
Customer: replied 2 years ago.

Not yet I wanted to know my rights before I did this

The neighbour can't do anything to emit noise or smells into your land, this is called a nuisance. Therefore the Council can take action and seek a Court order to stop them doing it. Indeed, you could go to the County Court and seek an injunction to stop or limit them.
But the Council have an obligation under the Environmental Protection Act to take action where it causes a hazard to health.
So speak to Environmental Health at the Council. Can I clarify anything for you about this today please?
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