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Joshua
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Category: UK Property Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A neighbour has contacted the council to complain on two occasions

Customer Question

A neighbour has contacted the council to complain on two occasions of smoke from our property. the first occasion we receieved a letter from the council was justified in our opinion as we had a garden burning bin and burn some paperwork on a rainy day that smelt. So since this letter we are not using the incinerator bin at all. We have however on a couple of sunny evening had a small bbq. Letter comes through the door again from the council that they have received another complaint. We have 6 houses backing on to our garden so we dont know which neighbour it is as no one has ever complained to us.
Are barbeques at 7pm in an evening illegal all of a sudden or do we have to suffer with a neighbour who makes annonymous complaints and never use our garden
Submitted: 10 months ago.
Category: UK Property Law
Expert:  Stuart J replied 10 months ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What exactly does the letter say?
Customer: replied 10 months ago.

todays letter stated:


I called today concerning:burning in the garden


Unfortunately you were out :Please contact us


 


Part III, Environmental Protection Act 1990


I regret to inform you that I have received a further complaint alleging that you are responsible for causing a nuisance due to burning in your garden. this is intending to draw your attention to the complaint and in the above act. At the moment, I have no way of knowing whether or not the complaint is justified. However, you will appreciate that the county council has a responsibility to either prove or disprove the allegations. the council has a statuatory duty to take formal action where it is confirmed that a nuisance exists.


Iam sure that it is not your intention to cause annoynace to anyone, and you may not even be aware of the problem. However it is clearly in your own interest to ebsure there is no cause for complaint. Should complaints continue to be recieved and Officer witness the disturbance, we are required by law to serve an Abatment notice., which will legally require you to stop causing a nuisance., failure to do so will result in legal proceedings against you. You should be aware a person found guilty of causing a statutory nuisance may be liable to a fine of up to £5000 on conviction at a magistrates court.


 


 


The first letter states the same but specifically mentioned a metal incinerator bin which we stopped using immediatly. On a small barbeque on a couple of nice sunny evenings after 7pm have occured since.. however the second compalint was made


 

Customer: replied 10 months ago.

Relist: No Answer expert went off line

 

 

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