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About a year ago, in Staines, a woman bought a house in Church Street,
near to "The Bells" pub and across the road from St. Mary's church.<br>
<br>
She then made a complaint about the noise of the church bells (usual
practice nights, Sunday mornings and a very occasional QP, nothing
exceptional).<br>
<br>
The local council (Spelthorne), basically told her to get lost. They
seemed to feel that if whe did not take the clues from the location or
ask any questions before buying the property, it was entirely her
fault, and they were determined to have no sympathy for her.<br>
<br>
Thankfully, she has now moved on.<br>
<br>
Peter<br>
<br>
Dickon Love wrote:
<blockquote cite="mid:20081024144739.26290.qmail@vyu4Dyfbgsl5q1Wmaaj0_eQXgF6Kqh2kcGBUkJAr1sBez7ev0AMU9_wIPNJQM6IZqzuzQJoPjFz6UJcXTzFgpe7-ET189JE1tkdRx748lA.yahoo.invalid"
type="cite">
<pre wrap="">More powerful has been the following ruling:
<a class="moz-txt-link-freetext" href="http://www.telegraph.co.uk/news/uknews/3248989/Legal-defeat-for-neighbours-who-complain-of-pub-and-church-bell-noise.html">http://www.telegraph.co.uk/news/uknews/3248989/Legal-defeat-for-neighbours-who-complain-of-pub-and-church-bell-noise.html</a>
DrL
</pre>
<blockquote type="cite">
<pre wrap=""> -------Original Message-------
From: Richard Offen <a class="moz-txt-link-rfc2396E" href="mailto:richard.offen@BjwU9OfnnYt5pJHJWkOpADtnb8ZQ_ozD09VwgTABWzTYLARQK9B8EEuVfO3qx5jcPiEwbRtBvxvfmZ0oEIqh4ezzrg.yahoo.invalid"><richard.offen@BjwU9OfnnYt5pJHJWkOpADtnb8ZQ_ozD09VwgTABWzTYLARQK9B8EEuVfO3qx5jcPiEwbRtBvxvfmZ0oEIqh4ezzrg.yahoo.invalid></a>
Subject: [Bell Historians] Livewithit - epetition response
Sent: Oct 24 '08 14:41
The following response to the ‘Livewithit’ epetition has just
been published:
Were the changes proposed made to the legislation, a statutory nuisance
causing activity, such as a factory or a noisy neighbour, could be allowed
to continue to blight an area as they happened to be resident before the
complainant. Case law states that this situation cannot be allowed to
happen. In relation to the noise sources specifically mentioned, however,
it seems unlikely that an Environmental Health department would consider
church bells or children playing in a playground to be considered a
statutory nuisance as they very well may be considered reasonable for the
area.
As the statutory nuisance regime is currently structured, the
determination of whether a statutory nuisance exists cannot be made until a
qualified representative of an Environmental Health department witnesses
the noise. As such, discouraging residents to make complaints relating to
noise could be argued to be counterproductive.
It is for these reasons that there are no plans at present to change the
law to favour existing noise sources over new residents.
As is so often the case, it would appear that those making the rules have
absolutely no idea of what is actually happening at the coal face!
Richard
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