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VIC Air Pollution 'Smoked Out' By Neighbour - What can We Do?

Discussion in 'Other/General Law Forum' started by Cat, 4 July 2014.

  1. Cat

    Cat Member

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    I live in South East of Melbourne. Every winter our one particular neighbor always smokes us out. We have suffered smoke from their wood heater in our own house night after night, it's affecting our health, it has caused a lot of stress for us and we are going mad by the smoke. Coughing, sore throat and nose, red and itchy eyes happen to us every time their wood fire heater is on.

    Studies have found that wood smoke is 12 times more harmful than cigarette, councils ban cigarette smoking in public places however council is very reluctant to talk about wood smoke and the councilor we spoke to did not have any knowledge of the harmful effects of wood smoke and was not even aware of the many complains made to the council.

    Council cannot help further or reluctant to take it further. What else can we do without having to incur a huge legal bill. Do we have a case? To us and people who have been to our smoky house it is a nuisance, however how do I prove it is a nuisance?

    We want to be able to enjoy our own home, we don't want to be stressed in our own home, yet every winter night I am fearful of going home from work because I know I would be breathe in the smoky air in my house and it makes me sick. I have young kids as well and the air pollution from our neighbor's wood heater is very harmful for them too.

    Please, please any advise would be appreciated.
     
  2. winston wolf

    winston wolf Well-Known Member

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    We have a similar issue but to a fare lesser extent.
    Sorry to ask the obvious but have you spoken to the neighbors?
    A better quality wood makes a big difference.
     
    John R likes this.
  3. Tim W

    Tim W Lawyer

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  4. Cat

    Cat Member

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    We have spoken to our neighour a few times, they did not care and still don't care and they said they like the smell. Very inconsiderate people.
     
  5. winston wolf

    winston wolf Well-Known Member

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    I figured as much but have to ask.
     

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