Biomass heating system nuisance

A hotel adjacent to our clients’ property installed a biomass heating system to provide heating and hot water for the building. It fired up every hour, emitting billowing smoke which caused smoke and odour nuisance to our clients, meaning they were frequently unable to use their garden, hang out washing or open windows; even with windows closed smoke on occasion penetrated the house. There were also concerns that the emissions were also prejudicial to our clients’ and their elderly neighbours’ health.

The properties were located in a conservation area and, as such, planning permission ought to have been obtained before installation of parts of the biomass system; however, enough time had elapsed that it had become immune from planning enforcement. We commissioned an expert to conduct a desktop review of the installation, including examining photographs and publicly available records and summarising the relevant buildings regulations and current guidance. The flues appeared to be of irregular construction and not in compliance with guidance. In addition, building regulations appeared not to have been complied with and there were concerns about fire safety. We presented the evidence to the local council’s Environmental Health Department, the Building Regulations Team, and the local Fire and Rescue Service. In parallel, we wrote to the hotel setting out the basis of our clients’ claim in nuisance, including a potential claim for damages. With continued pressure from multiple angles, the owners of the hotel agreed to decommission the biomass heating system and return to using a more efficient gas boiler.