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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 10225
Experience:  I have been practising for 30 years.
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I live in a flat on 485B Lanes Manor House, London. My Flat

Customer Question

My name is***** and I live in a flat on 485B Green Lanes Manor House, London.
My Flat mate John who actually owns the flat has been contacted by Haringey Council, advising
us of the proposed intention of the owners of The Devran Restaurant next door at 483 to attach
a flue to the side of the flat. The Devran also own the restaurant below us and the previous owner has already attached a flue to our property without John’s permission.
What can we do to prevent this from happening again?
Thanking for your help.
Submitted: 1 year ago.
Category: Property Law
Expert:  F E Smith replied 1 year ago.

How long has the previous owners flue been in place for?

Why has no application be made to remove it?

Would they be attaching the new flue in replace of the old one or in addition?

You say that John owns the flat. Who owns the freehold who would normally be responsible for the external walls?

Why do you think that they should have asked John’s permission?

What is it that you don’t want happening again?

Why don’t you want it happening again?

Customer: replied 1 year ago.
I would say at least 7 years, but will have to check some datesI will have to find out from John if he made a application to remove the flueOn viewing the plans it is an additional flueGiresh Patel is the freeholder, his Son Mitesh manages the building; and he apparently was not aware of the new application.There was no consideration for John's wellbeing the noise and smell from quite a big flue that one day just appears on the side of the flat, it may even effect the value of the flat, so I think they should have sought permission.I don't think John got any legal advice wen the 1st flue was erected so, I want to make sure that we do everything that we can to prevent this additional flue from being attached to the flat.We don't want it happening again because
1. Simply do not want to 2 big flues attached to the property.
2. 2x the fumes
3. 2x the noise and vibrations
4. effects to insurance
5. effects to the value of the flat
6. effects to rent and sale of the flat.
Expert:  F E Smith replied 1 year ago.

Thank you. They would not need to seek permission from the flat leaseholder, but they would need to seek permission from the freeholder that owns the building.

If this is unsightly, there is probably little that you could do about it. If however it produces smells which come into the property or it produces noise, then you have a claim against the restaurant in nuisance as an occupier and so does John as the owner.

It’s essential that you object in writing to the planning application and if there is any hearing, that you attend. If you don’t attend, it’s likely that your objection will not be taken that seriously.

You cannot object simply because you don’t like it, you have to object because of the adverse effect on your property which what you’ve done in your numbered list.

If you use a planning consultant to formulate your objection, it will be worded in the most powerful way but you would be forced with paying the costs of that and could not recover it.