Incessant smoke from next door

Discussion in 'Legal Issues' started by Whitecat, 8th Sep, 2018.

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  1. Ricki barkham

    Ricki barkham Well-Known Member

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    Could you complain its devaluing your property and the house isnt inline with the design of the street (forgot the correct terms) and dont all house have to be kept to a minimum standard to meet the disign and look of houses in the street as per there planning approval or something like that.

    If you have pest control issue due to onother house does the council need to step in?
    Like termites, **** roaches, rats, feral animals?
     
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  2. Joynz

    Joynz Well-Known Member

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    Clearly the OP has tried to get the house declared unsound and failed.

    The second point (neighbourhood character) only applies when seeking a permit to build or renovate a house.
     
  3. Angel

    Angel Well-Known Member

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    I too was going to suggest buying the property now before Brisbane booms.
     
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  4. datto

    datto Well-Known Member

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    No, I'm concerned that there could be bodies buried under the mess. Perhaps a few vagrants who looked at the place and went "you beauty!", only to get whacked over the head as they entered through the side window..

    I therefore suspect the incessant smoke is to cover "other odours".
     
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  5. JASA

    JASA Well-Known Member

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    Agree, it depends if he was on his own or the neighbours land when the photos were taken. Australia has weak privacy laws around photography but pretty sure it is illegal to take pictures or film without permission when on private property. Though probably wouldn't apply unless he was caught in the act and continued when asked not to. Drones and ease of publication on the internet are likely to cause tightening up of the law around this.

    Sorry @Whitecat but IMO it is an invasion of privacy, it shows that man's personal space. I certainly wouldn't like someone photographing the inside of my home without my knowledge, especially if it was that messy :oops: Another issue is that the man is elderly, vulnerable and it has been publicised that his home is not secure. I know you haven't advertised an address but that doesn't necessarily guarantee anonymity.

    JASA
     
  6. lightbulbmoment

    lightbulbmoment Well-Known Member

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    " derelict sydney cottage sells for 2.1mill , 200k over reserve to builder who plans to renovate"
     
  7. Whitecat

    Whitecat Well-Known Member

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    The inside is shocking
     
  8. Whitecat

    Whitecat Well-Known Member

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    Bcc. Council give him a social worker Clean out his junk from time to time and that's it. It's the bane of the street.
     
  9. Whitecat

    Whitecat Well-Known Member

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    All photos are from outside
     
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  10. Whitecat

    Whitecat Well-Known Member

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    He wants to die there he's made it clear He doesn't want to sell to anyone
     
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  11. Whitecat

    Whitecat Well-Known Member

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    You would think so wouldn't you but this place has been this way for 20 years. I cannot understand why they are so useless on the issue but maybe their hands are tied?
     
  12. Whitecat

    Whitecat Well-Known Member

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    @JASA here's another one just for you. Taken from outside. The bathroom is external IMG_20180317_160511.jpg
     
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  13. wylie

    wylie Moderator Staff Member

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    You’ve been friendly with him before. Is that still the case?

    I wonder if you approached him again with suggestions that he smoke in another room, if he would oblige. Perhaps he would allow you to pay to install an exhaust fan in his favorite smoking room (but I doubt an electrician would do the job without upgrading anything else).

    You could ask him how he would feel if you played loud music aimed at his bedroom and see if he understands that he is not being neighborly and that you “could” play dirty but want to be a good neighbour would like to think he will be a good neighbour too.

    Of course you could do something to annoy him (and many people would) but that doesn’t help anyone.
     
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  14. JASA

    JASA Well-Known Member

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    Looks like my current reno project. Mine has a tree growing out of the loo :).
     
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  15. Whitecat

    Whitecat Well-Known Member

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    I've tried everything I possibly can to get him to have some empathy for my situation. First of all he didn't believe me that smoke from a cigarette could travel to the house next door but I think I finally convinced him that that can happen but now his position is that it's an act of God - not his responsibility. he also thinks that traffic pollution is causing me the problem even though there is basically no cars going down our narrow Street. He just absolutely refuses to accept that this is a problem and cannot understand other people's points of view it's pointless trying to negotiate with him because he just does not want to change any behaviour. Wouldnt a reasonable person agree to shut the front door at night to assist the situation? He says that he won't shut the front door because he hasn't shut it for 30 Years and it is his right to "have fresh air"- he actually said that. So you can see I am not dealing with somebody who is particularily sound of mind although the hospital seems to find that the case. This is a situation where I have been polite and friendly right from the start but he won't change.
     
  16. Joynz

    Joynz Well-Known Member

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    Actually, choosing to have a door or window open if you want one open is perfectly reasonable.

    Perhaps you could just keep your windows and doors closed?
     
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  17. Whitecat

    Whitecat Well-Known Member

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    I do but it's very restrictive to have to do that. You might imagine that experience. I would like to use my courtyard also. I also have the problem that I cannot find out how the smoke is entering even with the doors and windows shut. I have an old but renovated house.
    I think it would be reasonable for him to shut his front door in the evenings and not smoke on his balcony during the evenings. During the day I'm not here Its about considering impact on others.
     
  18. Joynz

    Joynz Well-Known Member

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    I suggest using the ‘incense test’ to determine the air gaps where the smoke is coming in:

    1. Close all your doors and windows exactly as you usually do when trying to keep the smoke out of your house.

    3. Then, hold a smoking incense stick in a range of locations near the windows, electrical outlets, doors etc.

    4. If air is coming through from outside, the incense smoke will be visibly affected by the draft and you will know that you need to seal that area with foam tape, a draft excluder etc.

    You could also get a professional in to do a ‘blower’ test.
     
    Last edited: 9th Sep, 2018
  19. hammer

    hammer Well-Known Member

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    Guessing he's not going to change his ways but can he vape?

    How old is he? By the sounds of things he may not be much of an issue in the near future....
     
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  20. d_walsh

    d_walsh Well-Known Member

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