Posted By simon Hi, This is my first post so if i have said anything that is wrong please don't drag me over the coals for it. Right. My next door neighbour (bless him) is a steel fabricator by trade. He uses Oxy Acetalene all the time. He also welds, grinds and generally makes as much noise as he can.... 4 FEET FROM MY KITCHEN. First thing. Is he allowed to leave his oxy acetalene bottles right by our back fence. Surely they must be secured properly. Secondly, Is he allowed to run a business like this from home. Surely he must have to get special licenses and permits to even do this kind of thing in an industrial unit let alone in a domestic environment. Its been going on for about a year now and i was just wondering if it's legal to do what he is doing.

Posted By jom Simon, You might do well to talk to your local council authority. Find out if this activity is allowed in this area. J.

Posted By CFT Simon I agree with Mitch here; in the first instance speak with the neighbour (which clearly you have). I would now suggest as stated, the LA EHO depratment, you have rights to the enjoyment of your property and if needs be an inspecting officer may wish to use powers under the Environmental Protection Act (among others). There are of course safety realted issues but the LA will usually respond far quicker with the Environmental hat on as opposed to the H&S one (but not in all cases). Finally, yes as alrady mentioned, the business rates and the fact it is not registered as a place of work, does he employ, facilities, welfare etc etc it goes on and one would guess he is unlikely to have considered the very minimum of required standards. It greatly depends on your relationship as to whether you feel you can request the activity to stop and everything removed before approaching the LA; only you know the possible outcome. If twere me I may prefer the obvious and initial anonimity; when asked by your neighbour you can always say it was as much a surprise to you as it was to him. Ask the LA man for guidance on your right to anonimity with regards identification. Good luck CFT

Posted By simon Thanks very much guys. I appreciate all of your comments

Posted By CFT Actually I'm fingers and tums today as I note I made reference to the impending CS&CH Act 2007 earlier, which should have course been the CM&CH 'Corporate Slaughter Act for which I apologise. I am surprised I was let off that one! Hmmm for this one perhaps the mistake may have been worthwhile after all, for which I make no apology :-) Charley Farley Farnsworth Trelawney

Posted By Stuart99 Hi LA's do not enforce H&S at domestic premises it is HSE. However, it would appear to be controllable through the planning dept, as it would need planning permission. Noise could be potentialy dealt with by the LA Environmental Health dept under EPA 1990 statutory nuisance provision. Sounds like a candidate for a 'neighbours from hell' programme!

Posted By MT Agree Dave. It is true that LAs do not enforce H&S legislation in residential premises, but I don't think anyone was actually saying that. I think the starting point is your local EHO, as the problem is not a health and safety at work one as such, it's a noise nuisance, and EHOs are the ones with the powers to deal with such issues.

Posted By CFT Can anyone tell me why exactly the HSE will investigate a domestic 'probable' H&S related offence and not the LA EHO responsible for safety related areas? Just curious as to why and how this came about as it is a somewhat ambiguous process when you consider other areas of responsibility between the two organisations. CFT

Posted By Dave Wilson Simon take the point mate just because there is Oxy around does not mean that it is being used for 'work' purposes could be private use.

Posted By CFT Paul Thank you; who actually makes the decision then or is it a category one? CFT