Neighbour has an oil storage tank right next to the house and covered
with vegetation. Fumes from burner are noticeable at our back door
when the wind is blowing from one direction and also when I have to
pass by on the path. I suspect no planning permission was requested
and not approved by building regs so it seems that I should do my duty
and call the Council to see if my adjoining house is at risk.

However it was the previous owners who installed it. Will they have a
liability?

--
AnthonyL

On 02/09/2015 23:04, BillyBoy wrote:

Neighbour has an oil storage tank right next to the house and covered
with vegetation. Fumes from burner are noticeable at our back door

What has the "burner" got to do with the tank?

when the wind is blowing from one direction and also when I have to
pass by on the path. I suspect no planning permission was requested
and not approved by building regs so it seems that I should do my duty
and call the Council to see if my adjoining house is at risk.

Might be worth working out if there is actually anything wrong with the
installation before you do.

Planning permission and building regs are two separate and unrelated
things. Fuel tanks are considered "permitted development" and hence PP
is not required so long as certain criteria are met:

http://www.planningportal.gov.uk/per...cts/fueltanks/

Building regs do apply, but enforcement of them is time limited
(typically two years) and they are generally not backdated either (so if
they change and a once compliant install becomes non compliant there is
no requirement to being the old work up to modern standards.

However it was the previous owners who installed it. Will they have a
liability?

Unlikely.


--
Cheers,

John.

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On Thu, 03 Sep 2015 03:33:07 +0100, John Rumm
wrote:

On 02/09/2015 23:04, BillyBoy wrote:

Neighbour has an oil storage tank right next to the house and covered
with vegetation. Fumes from burner are noticeable at our back door

What has the "burner" got to do with the tank?


The oil from the tank goes inside to the central heating/hot water
boiler. The fumes come out from the same wall as that which the tank
is adjacent. That wall/tank is adjacent to a common use path for
residents.

when the wind is blowing from one direction and also when I have to
pass by on the path. I suspect no planning permission was requested
and not approved by building regs so it seems that I should do my duty
and call the Council to see if my adjoining house is at risk.

Might be worth working out if there is actually anything wrong with the
installation before you do.


How would I know that?

Planning permission and building regs are two separate and unrelated
things. Fuel tanks are considered "permitted development" and hence PP
is not required so long as certain criteria are met:

http://www.planningportal.gov.uk/per...cts/fueltanks/


Thanks - the properties are in a conservation area.

Building regs do apply, but enforcement of them is time limited
(typically two years) and they are generally not backdated either (so if
they change and a once compliant install becomes non compliant there is
no requirement to being the old work up to modern standards.

What if it was non-compliant when installed say 10yrs ago?

However it was the previous owners who installed it. Will they have a
liability?

Unlikely.


So previous owner gets mate to do install 10 yrs ago and new owner
from 3 years ago might have the liability to do a compliant install?

--
AnthonyL

BillyBoy wrote:

it seems that I should do my duty and call the Council

Just because you feel the neighbour used the council to "get at" you
recently, does not make it a good idea to find ways to "retaliate" using
the council.

"BillyBoy" wrote in message
...
Neighbour has an oil storage tank right next to the house and covered
with vegetation. Fumes from burner are noticeable at our back door
when the wind is blowing from one direction and also when I have to
pass by on the path. I suspect no planning permission was requested
and not approved by building regs so it seems that I should do my duty
and call the Council to see if my adjoining house is at risk.

However it was the previous owners who installed it. Will they have a
liability?

AnthonyL


the only risk is if their house goes up in smoke and affects the tank ......

On Wednesday, 2 September 2015 23:04:30 UTC+1, BillyBoy wrote:

Neighbour has an oil storage tank right next to the house and covered
with vegetation.

so its over 2 years old

Fumes from burner are noticeable at our back door
when the wind is blowing from one direction and also when I have to
pass by on the path.

that's life

I suspect no planning permission was requested
and not approved by building regs so it seems that I should do my duty
and call the Council to see if my adjoining house is at risk.

at risk of what? how would the council know?

However it was the previous owners who installed it. Will they have a
liability?

not likely.


NT

Andy Burns wrote:

BillyBoy wrote:

it seems that I should do my duty and call the Council

Just because you feel the neighbour used the council to "get at" you
recently, does not make it a good idea to find ways to "retaliate" using
the council.

Is it time for mediation again?

Chris
--
Chris J Dixon Nottingham UK


Plant amazing Acers.

We had an oil tank at our first house about 40 years ago. It was installed by the builder and was simply stood on some back fill behind the garage how things have changed.

Richard

On Thu, 03 Sep 2015 04:31:22 GMT, lid (BillyBoy)
wrote:


What if it was non-compliant when installed say 10yrs ago?

If the structure has been there over 10 years then no enforcement
action under planning permission or building regulations can be taken.

On 03/09/2015 05:31, BillyBoy wrote:
On Thu, 03 Sep 2015 03:33:07 +0100, John Rumm
wrote:

On 02/09/2015 23:04, BillyBoy wrote:

Neighbour has an oil storage tank right next to the house and covered
with vegetation. Fumes from burner are noticeable at our back door

What has the "burner" got to do with the tank?


The oil from the tank goes inside to the central heating/hot water
boiler. The fumes come out from the same wall as that which the tank
is adjacent.

So far, so normal...

That wall/tank is adjacent to a common use path for
residents.

Nothing wrong with that - assuming we are talking oil and not Challenger!

when the wind is blowing from one direction and also when I have to
pass by on the path. I suspect no planning permission was requested
and not approved by building regs so it seems that I should do my duty
and call the Council to see if my adjoining house is at risk.

Might be worth working out if there is actually anything wrong with the
installation before you do.


How would I know that?

Read the docs as they stand now and work out the current situation. If
its ok now, chances are it was then. If its not ok now, you would need
to work backwards through older versions.

Planning permission and building regs are two separate and unrelated
things. Fuel tanks are considered "permitted development" and hence PP
is not required so long as certain criteria are met:

http://www.planningportal.gov.uk/per...cts/fueltanks/


Thanks - the properties are in a conservation area.

Building regs do apply, but enforcement of them is time limited
(typically two years) and they are generally not backdated either (so if
they change and a once compliant install becomes non compliant there is
no requirement to being the old work up to modern standards.

What if it was non-compliant when installed say 10yrs ago?

Its long past the time any enforcement action could be taken under
building or planning regs.

However it was the previous owners who installed it. Will they have a
liability?

Unlikely.


So previous owner gets mate to do install 10 yrs ago and new owner
from 3 years ago might have the liability to do a compliant install?

Nope.

If new owner were to replace the tank, then they would need to do so in
accordance with the rules now (i.e. double skinned tank etc, bunded and
all the rest). You have not yet said anything that suggests there is
much if anything wrong with the current install.

Reading between the lines I sense an agenda here - someone perhaps
attempting to "stitch up" a neighbour?


--
Cheers,

John.

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