On 4 Jun 2004 08:47:04 -0700, (Kev Parkin) wrote:

I never see the neighbour to speak to, he's a young single guy who's
already had a run in with his neighbour on the other side, (he's a BMW
driver if that makes any difference!),

There's your problem right there then :-)

however, I've spoken to the
local planning guru, who, don't have an application from him and from
my description think i have a valid case and they have advised me to
try to sort it out amicably and then, if i don't have any success get
them to come round and have an official look at it.

It isn't a planning department issue, though, Kev.

If there is a statutory aspect, it will be with building control -
different department, different legislation.



So I've dropped a friendly note through his door sort of saying that I
think the installers may have made a mistake and that it might be
worth getting an independant expert to cast his eye over it as if it
needs to be modified it's going to be easier to do it now rather than
when the thing is fully installed.

That's a good way to do it.


I don't want to be a pain but at the same time I'd rather it was
sorted now than have aggro if someone gets injured as a result of the
installation etc. And all the hardware IS on my land!


Absolutely.



Kev



Andy Hall wrote in message . ..
On 3 Jun 2004 14:36:38 -0700, (Kev Parkin) wrote:

Thanks for all the advice, to try and answer some of the questions in
the above posts:

a) There is no shared access

b) The neighbours wall forms the boundary to my property

c) The flues/pipes etc protrude directly from the wall, hence are on
my property

d) There is no garden between the wall and my path

e) The passageway is the only access from the back to the front of the
house for pushchairs, bikes etc, so is used daily

f) I don't know what type of boiler it is - if it's a
combi this would make it worse.

g) There is no fence the wall is the boundary

Once again thanks for the input, I think I'll have a word with him and
then take things further if that doesn't have any success.


Kev


Kev,

I think that you have to decide what outcome you are looking for and
its implications.

If you go and see him now, what are you going to say? Do you just
want to mark his card to the extent that you are disappointed that he
did this without asking and leave it there? Do you want him to get
the probably obvious issue of the pressure relief pipe redone properly
so that it is safe?

From the perspective of the flue, where he has it now - i.e. 1m from a
facing wall, meets the gas safety requirements but there is the
possibility of encroachment on your property by virtue of the Building
Regulations and the distance of the flue from the boundary - minus
something. Do you want him to move the boiler? If so, you'll need
to check the facts first with the BCO.

I think if it were me, I'd decide how far I'm willing to take the
issue first and what I want for an outcome, then check whether I have
the backing from a regulatory perspective for it. I would also
consider the implications if it did become an "official" dispute and
factor that in as well. Only then would I go and see him, having got
a full hand of cards.

If you go and see him without checking the possible regulatory
remedies, then you could make the issue worse if he tells you to take
a hike, because you then have to go back to an inflamed situation with
the big guns, or if there is no basis for compalint, you are stuck.

If you do it on a "were you aware that" and "this is a potential
safety issue" and "I'm sure you don't want to create a hazard" basis
and then mention that you've looked into the gas safety and building
regulations if you need to do so, I think that you can make it a lot
simpler.

Just a thought....





.andy

To email, substitute .nospam with .gl

..andy

To email, substitute .nospam with .gl