Civil Trespass- removal of offending item

[TedandJen]

While we were on holiday our neighbour entered our driveway and installed a very large diameter aluminium woodburning stove chimney on the side of their new conservatory (built with our knowledge and approval- but they did not tell us about the chimney!). Their house wall is our joint boundary and this chimney goes from a height of 6-7 feet out of the conservatory, takes a left then goes up their house wall, comes out to avoid their eaves and finishes 4 ft above their roof line but all in our property air space. They can't see it but we can every time we drive into our house drive or go out into the back yard to the garage. We want it removed but planning law can't help- it is a permitted development- and it complies with building regs. The only solution our house contents insurance legal adviser can offer us is to sue for trespass and then the only thing we might get after protracted legal action is damages. We don't want compensation- we want it removed! Is there anything in English Law or Case law which might help us? It just seems so wrong. Help! Ted

[hc4361]

Yes.
Kelson v. Imperial Tobacco 1957

Imperial Tobacco erected an advertising hoarding that projected 8" over the boundary on Kelson's side. It was trespass to airspace and the hoarding had to come down.

Have you spoken to your neighbour about the chimney?

[bushbaby_de]

It is only permitted development if it is within the curtilage of a single fanily dwelling house - if it is attached to their house but partly within your curtilage it isn't actually permitted development in my opinion.