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Noise Nuisance: Local Authority Failing to Act...

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I'm considering taking action against my local authority for failing to act,

 

In a nutshell, I've had a seriously noisy neighbour for the past three years (2009 being the fourth). I've done everything the council has asked of me: kept noise diaries (over six months worth in total), had noise-recording equipment installed in my house (which they installed) as well as countless letters and telephone calls to the coucil, police, and so on.

 

All I keep getting told is "yes, we'll send your neighbours a letter" or "we'll pop a card through their door to contact us" or "we might be in the area next week so out Environmental Health Officer will try and visit them"

 

And so far, nothing has actually happened.

 

The closest I got was being told (beforehand) that once the noise recordings were taken, the Environmental Health office would be able to verify that there's a case for noise nuisance and apply for an abatement order. But since, I'm being told that they have to refer the case to MrX, when it was MrX that referred the case to MrY in the first place.

 

It seems to go round and round and round. Everyones slopey-shouldering this to someone else and nothing is actually happening.

 

Now, I'm not one to want to sue anything and everybody but I really DO feel wronged here. For as long as I can remember I've had to wear earphones in my own home, I'm woken up at 7am on the weekends and I can't sleep until about 3-4am when the noise stops.

 

I truly am suffering here, to the point that I've broken down several times over it, of late Christmas Day, and I feel like I just can't take the noise any more. Its alsmost to the point that I can't stand being in my own home.

 

I had a long conversation with a member of my family over it last night and they think that the Local Authority be held accountable for not acting.

 

My questions are these:

1. Do I have a hope in hell of claiming anything from the council for their failure to act over the last three years?

If yes,

2. What court?

3. What proof would I need? (Or is it up to them to proove that they have acted?)

4. How would I start to quantify financially what I've been through?

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Hi illona,if you can get yourself a high powered rifle with a night site,get yaself up on the roof of the opposite building,load a clip a bullets.......

No seriously,if I was you I would be getting on to your local MP also the local newspapers and let these people at your council know,nobody should have to put up with that,you pay your council tax for these people,you need to step your action way up a gear,there will be folk along soon and tell you best way but your mp and the newspapers thats where I would start,good luck

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No I'm a private mortgage owner. I don't know about my neighbour, though most houses round here are privately owned - they used to be council houses.

 

Thank you guys I'll try that forum.

 

Any other advice VERY welcome. I'm going grey way ahead of my time! (no kidding!)

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My advice would be to submit a formal complaint and cc. your local MP. They have to provide you with a full response within 28 days, you will at least know what the delay has been and what they are doing to resolve the problem. Trust me, a formal complaint with an MP involvement will put a rocket up their backside!

 

Just a thought, most regulatory services / environmental health departments deal with noise from private tenants, the council's own housing department normally deal with noise complaints regarding their tenants (you say you think they may be council properties) but if that was the case they really should have informed you that the complaint was being passed to them. Regardless, the length of time taken to deal with this is really unacceptable.

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what were the noise levels from the recorders db.

why did thay not take the noise diarys into consideration.

 

all these questions should have been answered

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They didn't tell me craig. Things escalated after that. The council wanted me to go away so they basically told me neighbours they had to rehome their dog.

 

After that happened I was terrorised for six months, house windows broken, car vandalised, car windows broken, keyed, wipers ripped off, garden flowers pulled up, spat at, shouted at and pushed over until I couldn't leave my house or even open a window.

 

The police were involved but just suggested I move. The council suggested I "let things calm down".

 

I had a nervous breakdown and was medicated for two months.

 

Nowadays I get up for work at 4am to go to work, and get back before they see me. I don't open windows or curtains and on weekends if I need to go out I do so before 7am.

 

I'm trying to move away but trying to save a big enough deposit I can afford to be out of areas like this. Of course since police published their crime-area web site, because I've reported all the crimes against me they show up on the web site and this has knocked 10k off my house.

 

I'm beyond help I think. But thanks for asking.

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what sort of noise is it

where are your nabours, above, below or nearby

do you have a camcorder

on a daily basis tell me what is going on.

is it kids or adults who are anti social.

 

thanks craig.

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I have noisey neghbours and have had this ongoing since october 08. It was light and noise pollution at first when a delivery lorry used to deliver at the 'ever expanding garage-MOT tyre and service bay they have made at the rear of my back garden and the council are allowing them to expand even more. The first deliveries happened at 2-3-4-5-6 am and as the lorry reversed back it was the bleeper that woke me then BIG banks of flood lights used to come on and swath my bedroom in light and then it was the driver unloading massive roller cages like they have in supermarkets 'along the metal floor of his lorry' you can get an idea of that now. I complained to the garage and also the town environmental office and finally they moved the deliveries to the other side of the site but I still get woken by the driver and his truck and I have continued to complain to the enviro officers and have kept and given them diary sheets BUT to no avail 'something fishy going on me thinks' seeing that the last lot of sheets were given to two officers when they came to my home on dec 22nd 2010 and they got more in june and since then I have flipped out and sent them some pretty scathing emails and told them exactly what I thought of them and now i am on a CCR 'since i took photos of the lorry and driver delivering goods last spring' the enviromenat officers sent coppies of the scathing and insulting emaisl I's sent to our towns solicitor and hence the CCR 'the CCR is in reply to my taking the photos and making the enviro boss look a liar 'and she is' due to that she has since told a local ward councillor that i did NOT hand in any diary sheets to her and her co conspiritor................sorry but I have photo coppies of the originals they had taken away and then printed off and mailed the coppies back to me and her finger prints MUST be all over it...............I am thinking of going to the police to see if there is any way I can take her to court for the lies and deciete to not just me but to this ward councillor who she has lied to as well..................I also now have diesel and petrol fumes drifting through and over my fence and got photos of a BOC lorry off loading oxy-ceteline bottles the other day and it was only about 25 meters from the back of my home............surely thats not right eigther.

 

last early mornig delivery was this morning at 4.06 am

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Hey fella,

 

I feel for you but you should have started your own thread and not hijacked mine. (Which has reminded me to update it so possibly a good thing!)

 

From experience, "going off on one" and/or calling an individual a liar at the council not a good thing, they will - as they have done here rightly or wrongly- close rank on you and protect their own.

 

Have you considered actually going to chat to the MOT centre - I don't mean storm in there but ask for a lunch meeting with the proprietor at a pub somewhere and ask for his help - it may be that he can make some amendments to the delivery times and lights.

 

I can only suggest continuing to keep the diaries and ask for a meeting with the environmental officers at your house to discuss with them what your options are. Ask them to install noise recording equipment at your home. If the noise is making you ill then visit your doctor so there is a record of that also. Might also be an idea to write to your local MP and explain the situation.

 

I believe there's a local authority complaints commission - so ask your council for the contact details of that too. I did and things started to happen.

 

Chances are you will have an uphill battle if the business was there before you were. But I suggest a change of tact.

 

Good luck.

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DOHHHHHHHHHHHHHH

 

ps my name isnt ...................fella

Edited by burlyb

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I have a same situation which as been going on and of for 16 years the counci will do nthink been to the ombudsman caouncil has fobbed them of. Been to the mp she will not even come back to me my na.obour is a nightmare up till last week she was bringing home men thursday.t friday sat all differant and all i get is banging doors and cupbaords all day long if she is in the is no where for me to go but to sue the council do i have a case to prosicute the council for doing nothing please reply i am at my wits end

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Hello JD and welcome to CAG.

 

You need to start a new thread of your own please, so people can advise you. This thread dates back to 2011. HB


Illegitimi non carborundum

 

 

 

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