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How can you tell it moves? How does this manifest visually?

The plot thickens. I spoke to the plumber this morning (who was not on site yesterday when my builder reduced the output temperature of the boiler) and the plumber said that the change my builder made: won't have made any difference to the water temp in the floor - because the minimum setting for the manifold blending valve (which we didn't change) is 30C and so whether the manifold was receiving hot water at 65C or 40C, the blending valve will keep the water at 30C; and actually cannot be done once we commission our UVC, because we have a low loss header which means we can only have one temperature for the output of the boiler, which must be 65C (builder had reduced this to 40C, but that won't be anywhere close to hot enough for heating the UVC). So it seems that the "drop" in temperature of about 1.7C that I had recorded must have been a false recording. On the one hand, I'm starting to wonder if I was foolish to ignore the manufacturer's recommendation that we install a thicker sheet of ply as our barrier between the bottom of the engineered oak and the top of the pipes. I think they recommended 12mm and we went with 5.5mm. On the other hand, given it's fairly standard for manifolds to have a minimum setting of 30C, and given this was producing a temp of about 26.5C on the bits of plywood directly over the loops closest to the manifold, it must surely be fine as that is only 0.5C over the manufacturer's recommended maximum temp for the subfloor. Surely there is scope for it to get even a degree or two hotter without buckling the oak floor (which in any case has an expansion gap around the perimeter?

So the manifold was apparently on minimum and we were still getting the plywood subfloor (which is only 5.5mm thick and laid directly over the pipes/insulated Cellecta pipeboards) to reach a temperature of 26.5C on the bits of plywood directly over the loops closest to the manifold. I asked my builder to reduce the temperature and he said that because it was on minimum the only way to do this was to reduce the hot water temperature being sent to the manifold by the boiler. This sounded odd to me, but by the time he had gone down two flights of steps, reduced the boiler output temperature by 2C and climbed back up two flights of steps the temperature of the plywood very close to the manifold had dropped to about 24.8C. The oak flooring is going on top of the plywood and the flooring supplier has said the subfloor (i.e. my 5.5mm ply) should not be allowed to exceed 26C. I'm just wondering if the oak flooring, which is engineered oak and 14mm thick in total, will actually let much heat through when the subfloor it is glued to is only 24.8C. Maybe I should turn the boiler output back up and live with being 0.5C to 1C over the supplier's recommended temp of 26C. But the supplier also recommended we use a thicker sheet of plywood (something like 12mm) and we're using 5.5mm because I thought 12mm would be excessive. It was about 11C outside, so not much of a challenge for the house. The other question I'm wondering is should we have left the temperature output of the boiler as it was (instead of reducing it by a couple of degrees), and just reduced the flow rate instead?

So I'm not sure I've done the right thing. We took humidity readings 6 days ago and I was surprised to see it was only 60% plus or minus 1% on each the three floors of the house, so pretty much target humidity, or maybe a few percentage points over. I went back later in the day, when they were painting and humidity had risen to 63%. So I left the dehumidifiers running for 6 days. Yesterday morning they were showing 39% to 41% and I slightly panicked as I thought this was too low. Given the machines are costing me quite a bit to hire I told my builder to send them back, thinking they would be returned in the next few days. But actually within a couple of hours the hire company had already come to pick them up. Today I checked again and the humidity has risen from the 41% recorded yesterday morning to about 49%. I'm wondering if I was a bit premature in returning the machines. Probably should have just switched them off for a few days to check. The oak flooring is being laid, so let's just hope it doesn't rise to higher than 56% or so over the next few days...

I really don’t think this would happen. You are far more likely to strengthen your position if you get on and build. If you do nothing, there is less prejudice involved in overturning the permission and si that becomes an easier thing for the court to order.

A freedom of information request could be counterproductive. You are not in dispute with the LA. You are in dispute with your neighbour. You don't want to gather documents from the LA which may assist your neighbour. If he wants to go to the trouble of getting information from the LA, then that's up to him, but strategically I would be minded to do nothing, other than: (i) consider whether to appeal this odd Order; and (ii) consider whether you should file an acknowledgement of service.

On costs, although the general principle is that the loser pays the winner's reasonable costs, the Court can depart from that rule and has a very a very wide discretion to take into account all of the circumstances of the case, including: The extent to which a party has been successful in the proceedings (Civil Procedure Rule 44.2(4)(b)) . Moreover, as i explain below, there is probably an important exception here to the general rule. The conduct of the parties, including any failure to follow the relevant Pre-Action Protocol and the pursuit or defence of issues that were unsustainable or should have been conceded (Civil Procedure Rule 44.2(4)(a) and (5)). The list of Pre-Action Protocols is here: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol I think, but am not absolutely sure, that the relevant Pre-Action Protocol is likely to be the one for Judicial Review, though worth checking with a lawyer in this field. That can be found here: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv. Read through it and check if your neighbour has complied with it. It's likely he hasn't. You could scare him by pointing this out, although I'm not sure it will make all that much difference as I think there is an exception in judicial review proceedings which is that as an interested party, you are only entitled to your costs of filing an acknowledgement of service (paragraphs 7.4-7.5, PD 54A).

Thoughts on this:

I've just had another look at this, focusing on the legislative basis upon which the appeal is brought, which is section 288 of Town and Country Planning Act 1990. That is an incredibly narrow basis upon which to appeal. I have pasted it below: 288Proceedings for questioning the validity of other orders, decisions and directions. (1)If any person— (a)is aggrieved by any order to which this section applies and wishes to question the validity of that order on the grounds— (i)that the order is not within the powers of this Act, or (ii)that any of the relevant requirements have not been complied with in relation to that order; or (b)is aggrieved by any action on the part of the Secretary of State [F1or the Welsh Ministers] to which this section applies and wishes to question the validity of that action on the grounds— (i)that the action is not within the powers of this Act, or (ii)that any of the relevant requirements have not been complied with in relation to that action, he may make an application to the High Court under this section. I think there is virtually no chance he will win, but I don't know the facts. Maybe you bribed the Planning Authority. Or maybe you blackmailed them. Or maybe they were drunk.

yeah, it's porcelain. We have a large free standing bath going in, so was going to try and test some colourers on that area. Anyone recommend any brands?

Well according to the order you posted, he is "acting in person" which means he isn't incurring any fees (probably).

This Order looks weird to me. The CPR provision that has been quoted is this one: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08/practice-direction-8c-alternative-procedure-for-statutory-review-of-certain-planning-matters#Anchor4 Para 4.1 of that says the claim form just needs to be served on the relevant authority. So I agree with the bit of the order which says " the defendants are the minister of the appropriate government department and the authority directly concerned with the decision". I also agree with the bit that says there is no provision for "interested parties" to be joined. I do not agree with the conclusion that the correct defendant includes @oxo. I would be minded to appeal this order immediately, as being named a defendant in a matter that cannot be brought against you seems ultra vires the legislation. In the first instance you could make your application for permission to appeal by email to the Judge/Master that made this order. If that is rejected, you'd need to apply to the relevant appellate court.

Surely the appeal is not against @oxo. The "appeal" will be a judicial review of the Council's decision. So the appeal will be brought by Oxo's neighbour against the Council. Oxo won't have locus to make any intervention in the appeal and so shouldn't incur any costs.

I need a door restrictor for an internal timber door that is a solid core and so fairly heavy. I want to restrict the opening to about 100 degrees, though it would be good to be able to adjust this so that it opens exactly to the spot we want. This is to avoid the door hitting a toilet. Ideally I want something fairly discrete, but if it is seen it should be in brass. Alternatively, I would consider a set of hinges that does this for us, but not sure if they are as effective as a door restrictor.

Not sure what the position is specifically in respect of planning, but generally, on an appeal there is no automatic stay of execution pending the appeal. That means that as long as planning rules follow the same rule that applies to general judgments, the current planning permission that you have is perfectly valid even though it is (or might be) subject to appeal. If that rule applies, you should get on and build ASAP as unless your neighbour has applied for a stay of execution pending his appeal, then there is nothing stopping you from building. If your build is largely finished it will make any appeal largely academic as it would pretty much be insane for the appeal court to overturn the planning permission and force you to tear down your build. So the first thing to check is: Has a decision letter been issued granting you your planning application? If so, then the courts have held that the issue of a decision letter is the step required to grant you permission. (R v West Oxfordshire District Council ex parte Pearce Homes Ltd [1985]) Next thing to check is whether your neighbour has actually obtained a stay of execution. If so, you would know about it as it would need to be served on you. I think this is unlikely. I wouldn't ask him/her for it, as you don't want to encourage this. Next thing to check is whether there are any other rules that might affect this, or whether the position is as the case for normal court orders, which as I say is that there is no stay of execution. Crack on!

Pretty flagrant breach of s13 of the Consumer RIghts Act 2015 imo: 13 Goods to match a sample (1) This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made. (2) Every contract to which this section applies is to be treated as including a term that— (a) the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made, and (b) the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.

Yeah, it's just odd, because paint samples are identical to paint, so why can't grout samples be identical to grout. I agree with your plastic/metal thesis, but then why do manufacturers make sample sticks in plastic (e.g. BAL sticks sold by Topps Tiles). At least the mapei sample sticks appear to be made from the actual grout.

We've had some Mapei grout installed, chosen on the basis of a Mapei sample stick. It is at least two or three shades lighter than the sample stick and has somewhat diminished the look we were going for which was to try and match the colour of the floor tile as much as possible. Tiler swears he mixed it correctly. I found some reviews online from others who have experienced the same. Is this is a common phenomenon? It appears it might have something to do with using hard water to mix it with, instead of distilled water. A common solution that has been proposed is to use something referred to as a stain pen or a grout shield. Has anyone come across this? Does it work?

@hb1982 thanks so much!

@ProDave did you ever get around to installing a cooker hood, or do you continue to just rely on the MVHR?

Sorry, but I'm really confused. How does this help find leaks? How do you feel for leaks. Are you blowing air externally to try and create negative pressure internally and then walking around the house feeling all junctions with your hand to see if any cold air is being sucked in?

Mine hasn't been installed yet, but I doubt it will perform badly. It is the most expensive appliance I have bought for the kitchen and reviews incredibly well. It's also being installed well within the recommended distance from the hob. The only issue is whether it will unbalance my MVHR by extracting directly outside.

I googled belimo and found a bunch of actuators, but I confess I’m not sure how these work. How are they different to the product @dpmiller linked to: https://www.amazon.co.uk/Klimapartner-100-line-Backdraught-Extractor/dp/B011INHF5A/ref=sr_1_14?dchild=1&keywords=passive+flap&qid=1627639391&rnid=1642204031&s=diy&sr=1-14 if I installed this Klimapartner I would solve the problem of keeping the external vent closed when not in use, but I wouldn’t solve the issue of having a way to bring air into the kitchen from outside to keep the air pressure in that room balanced. Is that What the belimo actuators could do? If so how do they work?

It is fairly airtight , although not to passive standard. We have installed Tecson Vana tape at every junction between walls and windows/doors as well as specifying zero trickle vents on all windows/doors. I’m interested in the automatic make-up air damper you mention. Does that open a vent to allow air in when you turn on the extractor? Link?

I too am considering venting my hob extractor outside. I know it isn’t the technically perfect thing to do with an MVHR system, but it avoids a lot of issues for me. Our Hob is right by an external wall. I’m wondering how @dpmiller, @woodman and @Conor got on with their installs. Do you all vent outwards even though you have MVHR?