Incessant smoke from next door

Like seriously .. from what I read here you are the one being hard to get on with, he is entitled to live how he wants on his property. If it is a problem to you, you need to find a solution on your side, it has nothing to do with him! No doubt this is how he's lived for years, it's probably all he has in life, he does not need to change to fit in with neighbours. You have 2 options find a solution on your side or move.

There are far worse things he could be doing so perhaps count your blessings.

 

Becoming more and more of an issue

Problem of smoke drift between neighbouring homes

Why is smoke drift in my Backyard OK? A discussion on double standards in QLD's smoking laws

Neighbours fire up over smoking

In other news, on the 1st September the price of cigarettes jumped up another 12.5%, an estimated $3 per pack, taking the price of a packet of smokes close to $40.

 

It seems like it's getting very expensive to kill yourself.

 

The smoke is hard one and would generally be considered your problem. Technically you could run a private nuisance action against them but it would be a question of fact as to whether the nuisance is substantial and unreasonable.

You might be able to bring an action under the planning act in relation to the use of the land. - You are looking at ~$17k plus GST to get to the mediation stage on that.

 

He said he thought about it and decided he likes the taste of the tar too much

 

Other things I could do something about ie if he had a barking dog or a meth lab. This is particularly bad as it does not stop I set up a fan and he made noise complaints. I don't see it how you do. If someone is affecting others they should make some compromise or take some responsibility

 

Made noise complaints to who?

A normal pedestal fan or a giant industrial fan?

 

Can you just blow it back at him

 

An industrial pedestal. Has to be for outside. Like ones you might find in a gym or warehouse But not a drum fan

 

He complained about the noise of the fan to council

 

He's totally intractable and basically occupies the same 10m radius between his bedroom and the balcony where he's smokes in both locations he does not stop smoking so there's no point in time in which I wouldn't be calling his name. He never leaves the house. He doesn't want to change. I'm going to move on. But it could be a while before I can do that. I'm the meantime it's quite uncomfortable as an asthmatic. The fan helps I'm hoping a lower speed will keep me free from council fines.

 

Would they dare to fine you?

 

I don't know they seem to be pretty useless on the compliance action with him it's the same team called Environmental Health. His place is absolutely covered in vegetation and they haven't followed up on the compliance notice about that they don't seem to be able to do anything about the rotting cat food which is also a reason why the fan is helpful. And as for vermin I don't think I'll ever get a rat or a termite in my house because there's just so much happening for them on this side of the fence. However council fails miserably with intractable people like him and probably think I'm much more likely to comply and pay a fine.
I'm thinking of getting on the front foot and explaining the purpose of the fan (if it's not obvious) and inviting them to measure the decibel level and ask them why they have ignored the compliance notice they sent him about the out of control vegetation. Council made a big deal late last year with media releases about how they had a new team and they were going to force property owners to clean up their overgrown properties where those properties were not consistent with neighbourhood standards.

 

That's my feeling He has choice about where he smokes and choice of shutting doors and windows. Here's the council letter. this is the second one I've received both exactly the same

 

Call a Current Affair and see if they can do a story

 

Quote..
My freehold cottage is close to my neighbour He is an alcoholic who smokes all day without stopping and well into the night..

Just looking at the building ,and the cat's claw vine that has taken over the building then it may tell you something about the title holder -I don't think he would give a stuff about anyone and if he's a smoker and full blown alcoholic and going into oblivion..
The only way would be apply to the BCC to take the fence up as high as you can -or set up a internal extraction ducted system -but even then Fan motor would be facing his property,and from my small experience people who live like this do so because then can,and leave big estates ,and have "FU"money..

 

If he has an issue with noise of the fan, play music loudly at the same time which has a higher noise level allowance. He won’t hear the fan anymore then...