Discussion
Apologies for the title. I can't figure out how to edit it.
I live in a house bought back in late 2011. It is an end terraced house. Houses to the left and an alleyway on the right, belonging to my property. There is then a two story building to the right of that alley with a ground floor rear. It is or was a shop/hairdressers ground floor with a flat above. The flat is on the frontage of the building, leaving the rear half with a 1st floor roof.
About 6 - 9 months after I had moved in, the shop area went up for sale. This was eventually bought by someone who then rented it out to the current take away that occupy it. There have been several problems with this takeaway that has resulted in a lot of complaints from the neighbours to the left of my property, to the council regarding pest issues, incorrectly disposed of food, flies, sickening smells of rotting flesh all day for months on end during hotter days, rubbish and food waste being dumped behind the fence in my rear garden and a massive increase of traffic with thoughtless parking, though that isn't really their fault . As far as I've been informed, they're on a final warning.
I will say right now that I've no intention or wish to see them fail or close, despite the issues caused.
This post is about something more specific. They've had their own builders/contractors in to install large, extra extractor units with large aluminium ducting. This has been installed along the length of their roof about 1 foot from the edge, closing to almost overhanging into my garden near the end. So, one third of our view from our garden or upstairs rear bedrooms in a square view, is that extractor unit and its ducting. It's an eyesore. There have been problems through their occupancy of the next door property and I've spoken with them about issues. Others have gone over their heads and strait to the council but as frequently found on here, talking directly with the person is usually the best way and that is something I do.
I've spoken with the business owner tonight because the whole thing was erected late last night with their builders using 10 trillion watt spotlights. This morning we opened our curtains and there it was. The owner has said there isn't anything that can be done and it was needed. I asked why it was directed and routed directly next to our garden and it was said that there was no room elsewhere from other ducting and extractors. I was pleasant enough and so was he, despite being unhelpful with an alternative.
I'm here asking for advice or if there is anything that could be done from a legal/council perspective because I've not dealt with anything like this. Any infringements on unsightly issues?. I don't want to disrupt the business or cause them problems but with no other positive avenues to proceed down, I don't feel like there is another option, hence why I'm asking on here.
I'm sure there will be plenty of people considering this post laughable but I've bought this house, it's my sanctuary, I live here and it's becoming increasingly difficult to enjoy with the issues mentioned above and now another issue in the form of industrial sized eyesores being installed for their business to expand. They arrive here, work and go to their homes. I live here and have to deal with the negative issues of their business. I do understand that it is their property and perhaps I have no business complaining but their decisions directly affect the comfort of the homeowners next to it.
Regardless, thank you for reading.
I live in a house bought back in late 2011. It is an end terraced house. Houses to the left and an alleyway on the right, belonging to my property. There is then a two story building to the right of that alley with a ground floor rear. It is or was a shop/hairdressers ground floor with a flat above. The flat is on the frontage of the building, leaving the rear half with a 1st floor roof.
About 6 - 9 months after I had moved in, the shop area went up for sale. This was eventually bought by someone who then rented it out to the current take away that occupy it. There have been several problems with this takeaway that has resulted in a lot of complaints from the neighbours to the left of my property, to the council regarding pest issues, incorrectly disposed of food, flies, sickening smells of rotting flesh all day for months on end during hotter days, rubbish and food waste being dumped behind the fence in my rear garden and a massive increase of traffic with thoughtless parking, though that isn't really their fault . As far as I've been informed, they're on a final warning.
I will say right now that I've no intention or wish to see them fail or close, despite the issues caused.
This post is about something more specific. They've had their own builders/contractors in to install large, extra extractor units with large aluminium ducting. This has been installed along the length of their roof about 1 foot from the edge, closing to almost overhanging into my garden near the end. So, one third of our view from our garden or upstairs rear bedrooms in a square view, is that extractor unit and its ducting. It's an eyesore. There have been problems through their occupancy of the next door property and I've spoken with them about issues. Others have gone over their heads and strait to the council but as frequently found on here, talking directly with the person is usually the best way and that is something I do.
I've spoken with the business owner tonight because the whole thing was erected late last night with their builders using 10 trillion watt spotlights. This morning we opened our curtains and there it was. The owner has said there isn't anything that can be done and it was needed. I asked why it was directed and routed directly next to our garden and it was said that there was no room elsewhere from other ducting and extractors. I was pleasant enough and so was he, despite being unhelpful with an alternative.
I'm here asking for advice or if there is anything that could be done from a legal/council perspective because I've not dealt with anything like this. Any infringements on unsightly issues?. I don't want to disrupt the business or cause them problems but with no other positive avenues to proceed down, I don't feel like there is another option, hence why I'm asking on here.
I'm sure there will be plenty of people considering this post laughable but I've bought this house, it's my sanctuary, I live here and it's becoming increasingly difficult to enjoy with the issues mentioned above and now another issue in the form of industrial sized eyesores being installed for their business to expand. They arrive here, work and go to their homes. I live here and have to deal with the negative issues of their business. I do understand that it is their property and perhaps I have no business complaining but their decisions directly affect the comfort of the homeowners next to it.
Regardless, thank you for reading.
Edited by read5458 on Saturday 12th March 18:46
read5458 said:
It is or was a shop/hairdressers ground floor with a flat above.
eventually bought by someone who then rented it out to the current take away that occupy it.
I presume there's permission for that class of business to be in the premises? Hairdressers is a different class to food. If there was a change of use application, you'd have had opportunity to object.eventually bought by someone who then rented it out to the current take away that occupy it.
read5458 said:
There have been several problems with this takeaway that has resulted in a lot of complaints from the neighbours to the left of my property, to the council regarding pest issues, incorrectly disposed of food, flies, sickening smells of rotting flesh all day for months on end during hotter days, rubbish and food waste being dumped behind the fence in my rear garden
As far as I've been informed, they're on a final warning.
From Environmental Health, I presume? OK, so the use probably is permitted.As far as I've been informed, they're on a final warning.
read5458 said:
This post is about something more specific. They've had their own builders/contractors in to install large, extra extractor units with large aluminium ducting.
Quite probably required by EH. Different councils have different planning guidance on extraction, but this is probably fairly typical...https://www.croydon.gov.uk/sites/default/files/art...
To add to the above, they've probably been required to install the extract ventilation to meet council enforced regulations, otherwise, most business wouldn't spend money on such things if they weren't necessary.
This is going make it difficult for you to challenge with the council, if the council are the ones that required the installation in the first place.
Also, and most unfortunate for you, generally there isn't a right to a nice view, that you can try to enforce.
This is going make it difficult for you to challenge with the council, if the council are the ones that required the installation in the first place.
Also, and most unfortunate for you, generally there isn't a right to a nice view, that you can try to enforce.
Big Al. said:
You can't, but I can what would you like it to read?
Business affecting home owner advice?Thank you.
I know my actions may seem selfish and I may have no right to complain about another persons property.
It will pale insignificance to what some people have to deal with. I acknowledge that. Just fed up with a home slowly being consumed with negative aspects of a business who appear to have no consideration toward neighbouring residents.
Edited by read5458 on Saturday 12th March 20:20
Businesses are not allowed to reduce the enjoyment of a private residence - in general.
Is the vent system noisy, smelly et the Environment and pollution acts apply?
Perhaps an estate agent could be asked if the fitting has deceased the value of your property and by how much. You might be able to reclaim your 'loss' from the owners. You need proper advice.
Is the vent system noisy, smelly et the Environment and pollution acts apply?
Perhaps an estate agent could be asked if the fitting has deceased the value of your property and by how much. You might be able to reclaim your 'loss' from the owners. You need proper advice.
shovelheadrob said:
I thought that there is a "right to light" or something similar, I'm sure that someone I know had planning refused for an extension as it would have infringed this.
A bit of ducting on the roof of a singe storey structure is very unlikely to cause an actionable RoL infringement.read5458 said:
Just fed up with a home slowly being consumed with negative aspects of a business who appear to have no consideration toward neighbouring residents.
It's been said several times, but they probably had ZERO choice over the extraction equipment being required.Again - has there been a change of use for the shop? Hairdresser would only require A1. Takeaway would require A5. If it already had permission for a food establishment, no change of use would be required for the hairdresser, but you would have had a chance to object if it'd been A1-only, and they'd applied to change it the other way.
http://www.planningportal.gov.uk/permission/common...
If it was A5 when you moved in, and the extraction is required by the council, then I suspect you are out of luck. If it was changed, and you didn't object, then similar.
Thank you all for the responses.
Well. There has been a development. During the course of the evening/night, they've shortened the ducting and moved it a few foot away.
It's still fairly visible but in no way near as bad as yesterday. The very fact that they've moved it further away, shortened it and reduced some of its visibility is quite surprising and I'm happier now.
I'm guessing they didn't need to nor were they required to do it, but I'm going to take this as a positive result and leave the issue now.
Pop round later and thank him.
Thank you for your replies on the subject. Thank you very much.
Well. There has been a development. During the course of the evening/night, they've shortened the ducting and moved it a few foot away.
It's still fairly visible but in no way near as bad as yesterday. The very fact that they've moved it further away, shortened it and reduced some of its visibility is quite surprising and I'm happier now.
I'm guessing they didn't need to nor were they required to do it, but I'm going to take this as a positive result and leave the issue now.
Pop round later and thank him.
Thank you for your replies on the subject. Thank you very much.
read5458 said:
Well. There has been a development. During the course of the evening/night, they've shortened the ducting and moved it a few foot away.
It's still fairly visible but in no way near as bad as yesterday. The very fact that they've moved it further away, shortened it and reduced some of its visibility is quite surprising and I'm happier now.
I'm guessing they didn't need to nor were they required to do it
I wish I shared your optimism.It's still fairly visible but in no way near as bad as yesterday. The very fact that they've moved it further away, shortened it and reduced some of its visibility is quite surprising and I'm happier now.
I'm guessing they didn't need to nor were they required to do it
It sounds like they ARE required to install the extraction, but are DIYing it on the cheap without an actual clue what they're doing or how to met the regs, so making it up as they go along. At some point, EH will be back - to check up on progress with all the breaches you mentioned above - and there's a risk they'll point to it and say "WTF is that meant to be?"
Alternatively, there may be a strong wind one night...
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