Planning would not be interested in the flue, unless it was brought to their attention at the time, and even then the applicant would have to provide a solution.
I would expect the applicant to approach the neighbour with a cash offer, to re-site the boiler, which would almost certainly mean a new boiler, on the face of it a couple of grand would be money well spent.
Resiting the boiler may be a planning condition, but it would be a Courts decision, and I think you would be in for an expensive surprise.
As I said already.
It may have been an agreement between two people.
New builds, quite often have clauses, covenants etc in the deeds to allow neighbours certain rights, you could find the neighbour has an access right for decorating and maintenance for example.
Are there any windows involved, was the flue legal when it was installed, you know the regs as well as I do Tony.
Hopefully you also know the penalties.
I would expect the applicant to approach the neighbour with a cash offer, to re-site the boiler, which would almost certainly mean a new boiler, on the face of it a couple of grand would be money well spent.
Resiting the boiler may be a planning condition, but it would be a Courts decision, and I think you would be in for an expensive surprise.
As I said already.
It may have been an agreement between two people.
New builds, quite often have clauses, covenants etc in the deeds to allow neighbours certain rights, you could find the neighbour has an access right for decorating and maintenance for example.
Are there any windows involved, was the flue legal when it was installed, you know the regs as well as I do Tony.
Hopefully you also know the penalties.