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Old 21-08-2004, 12:17 PM
Doug.
 
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"Walt Davidson" wrote in message
...
On Thu, 19 Aug 2004 15:31:20 +0100, "GwG" wrote:

Well no it doesn't help in this case, but thanks for looking it up.
This seems to concern the manufacture of wood products, not the
painting of a garden fence, so hardly relevant here.


[Irrelevancies snipped]

On the contrary, EPA 90 has far more wide-reaching implications than
the regulation of manufacturing processes.

"Part III Environmental Protection Act 1990 (EPA 90). EPA 90 as
amended by the Noise and Statutory Nuisance Act 1993, contains the
main legislation on statutory nuisance and allows for action to be
taken by either local authorities or individuals. The following are
deemed to be statutory nuisances when prejudicial to health, if they
become a nuisance or if they interfere with a persons' legitimate use
of land such as neighbours in their homes and gardens: -

Smoke emitted from premises
Fumes or gases from private dwellings
Dust, steam, smell or other effluvia from industrial, trade or
business premises"

Without doubt, noxious vapours emitted as a result of spraying garden
fences with preservatives would come under the heading of "fumes or
gases from private dwellings". Even an unpleasant odour from the
preservative agent used might be deemed to "interfere with a person's
legitimate use of land, such as neighbours in their homes and
gardens".

--
Walt Davidson Email: g3nyy

@despammed.com

********
"Fumes and gasses from private dwellings." That's a laugh!.
My next door neighbour built an extended kitchen when I was in Greece
for a couple of months.
When I came home his boiler's pressurised vent was five feet high from
the floor and one metre from my breakfast-room . It stuck out six
inches horizontally, aimed directly at the sash which when opened
aerated my room.
I complained to everyone in the various Authorities . The Architect
laughed at me. The local Council Environment chap told him to put a
cowl over it. He did . A month later they put up a smaller one. Later he
removed it and to this day the alley between us is untenable so he
doesn't use it, except for storing junk. Litigation cost me 250 quid. I
had to prove the volume, the danger or not of the waste gasses and the
noxious percentage entering the room. Anyone is allowed to have a
outlet where they want it providing it is a metre away from the property
border.
Go round any (let's say terraced houses) and there they are!, - sticking
out at knee height and bedroom height on every house wall, and crowds of
children playing alongside the lower ones.
I was told by the experts that the gas emitted from present-day gas
boilers is not in any way toxic or a danger to health.
My only solution was to knock down the breakfast room (adjoining the
garage) and rebuild with an illegal wall 8 feet high, an expensive
safety-glass sloping roof and it is now a utility room with
clothes-washer, cupboard, fridge-freezer.
Total cost to me, - 1500 quid. and no breakfast room where we had all
our meals.
B.T.W., On top of my duties, (At my "Work", so to say), - at Stone,
Staffordshire I attended the full Heating and Ventilation course at the
top world renowned College there - and I then "Clerk of Works'ed" the
installations at my two new (local) large buildings, - supervised
change-over . It took a year to solve the bugs they had left). - and
maintained the heating installations. All on top of my prescribed
duties including night call-outs and initial faults clearing in addition
to my proper duties as a Consultant Comms employee.
Conclusion. You cannot win against local Council jobsworthies. Nobody
can sack them and their pay is secure, so they sit back and enjoy life.
Thus, their impertinence, insolence, arrogance and ignorant lack of
honesty, diligence , decency and productivity always goes beyond
educated bounds..
That last word productivity is a particular anathema to them.
Doug.
********