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chainsaws noise ..neighbour


timberdelf
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Ok all points taken and thank u so far...anoying thing is we did tell him give us some time we will work with u but no strait to council and we now have a meetung with coucil on site on thursdsy!

 

We had already thought of putting large square straw bales as a wall stroke sound absobing but he hasnt given us a breath lol.

 

electric chain saws are these up to the job?.are they industrial grade ?

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If somebody set up a firewood business on the empty smallholding beside me I'd complain...

 

I think as has been said it comes down to whether or not the terms of use allow industrial commercial activities. What it states in your lease documents is not relevant to anyone else but you and the landlord.

If they do you're ok to go on and any measures you take to curb the noise could earn you some goodwill.

If you're carrying out these commercial activities on land not designated for the purpose then you can either argue with them for a bit or do the decent and sensible thing and move on.

 

Whether or not the landlord knew what your intentions were and whether they were/are within the planning constraints is not that relevant either as it is not up to them to ensure you act within the law.

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Did you actually read what it says:sneaky2:

 

You do not need any form of permit to burn green waste if less than 10t/24hr, providing it is waste you have produced yourself. :001_smile:

 

It also refers to Northern Ireland and Scotland - so may not apply in England/Wales (Ive not searched for any other relevant Regs - will leave that to others with more time!).

 

Whereabouts are you TimberDelf?

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Couldnt help myself... Procrastination again...

 

If you burn waste generated through commercial, trade or industrial activities, or if

you burn waste of any type on industrial or trade premises, then you may be

committing an offence.

 

Burning is not an acceptable way of disposing of commercial waste. Burning waste produces smoke that contains a range of pollutants which can pollute the environment and have damaging health effects. It also increases background levels of air pollution.

 

Laws exist to protect people and the environment. This means that burning activity of any sort can result in criminal prosecution and substantial fines. Operators of commercial, industrial and trade businesses and premises should be aware of the following:

 

 The Environmental Protection Act 1990 places a duty of care on every business to make sure that all waste produced is disposed of in a suitable manner. Burning of waste is not considered as appropriate and anyone found disposing of waste in breach of their duty of care responsibilities risks being prosecuted and fined on conviction.

 

 The Clean Air Act 1993 makes it an offence to burn anything on an industrial or trade premises that gives rise to dark smoke. This would include plastic, insulating materials (e.g. foam), tyres and treated/painted wood. Offences made under this legislation incur a maximum penalty of £20,000 for each offence

 

 Under the Environmental Protection Act 1990 smoke from any type of fire can be judged to be causing a statutory nuisance to neighbouring properties where the smoke is affecting their enjoyment of their property – e.g. if they cannot sit in their garden, put washing out or must keep windows closed. A legal notice can be served requiring that the smoke nuisance is abated and failure to comply with the requirements of the notice can result in prosecution.

 

 Smoke emissions from flues, stacks or chimneys are controlled by legislation including the Clean Air Act 1993 and the Environmental Protection Act 1990.

 

 Anyone lighting a fire and allowing it to drift across a highway faces a fine of up to £2,000 under the Highways (Amendment) Act 1986.

 

 There are no set times in law which specify when burning may or not take place

 

 A person who burns casing and/or insulation from a cable with a view to recovering the metal core(s) shall be guilty of an offence under the Clean Air Act 1993. Maximum penalties of £20,000 apply.

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Providing the green waste does not touch the ground. I bring it back and fill a tipping trailer up, then tip it.

the laws on burning mentioned above baffle me. One of my neighbours was burning tyres, the council said as its a domestic bonfire, he can burn what he likes. Great help they were

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 Under the Environmental Protection Act 1990 smoke from any type of fire can be judged to be causing a statutory nuisance to neighbouring properties where the smoke is affecting their enjoyment of their property – e.g. if they cannot sit in their garden, put washing out or must keep windows closed. A legal notice can be served requiring that the smoke nuisance is abated and failure to comply with the requirements of the notice can result in prosecution.

 

 Anyone lighting a fire and allowing it to drift across a highway faces a fine of up to £2,000 under the Highways (Amendment) Act 1986.

 

I would have thought that the first point above about the EPA 90 would have been the relevant one in your case, and possibly the HA 86 if the smoke drifted over the highway.

 

Purely conjecture, but my guess is that you were speaking to someone who's job it was to answer the phone and read from a sheet rather then have informed knowledge. Just a guess mind!

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