Senior Solicitor
Cambridgeshire domestic smoke nuisance
SS & anr v FP & anr
Richard Buxton Solicitors were instructed by the claimants following the long running impact of the smoke emanating from their neighbour’s wood/coal burning stove flue. This severely restricted the use of their garden and many rooms in their home between October-April.
After a series of pre-action correspondence, civil nuisance proceedings were commenced in the County Court seeking an injunction requiring the Defendants to make amendments and improvements to their property to abate the nuisance, and damages for past nuisance. Unfortunately, although the claimants had previously been in contact with the Council, both in relation to the nuisance and building standards regarding the flue, no issues were found.
However, expert evidence obtained by the Claimant on our advice demonstrated that not only was the flue not efficient in dispersing the smoke, but it had also been constructed in a manner that was a serious fire hazard. This advice assisted us in reaching a successful outcome in mediation, resulting in the replacement of the wood/coal burner with a gas equivalent.
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Commentary
Smoke nuisance from coal and wood fires can be a serious issue, both in terms of the enjoyment of one’s property but also has a health impact due to its impact on air quality. Unfortunately, our client’s contact with the Council had not resulted in a successful resolution of the issue, however with the benefit of expert advice, a solution was found that was acceptable to both neighbours.