Livewithit - epetition response

Richard Offen richard.offen at
Fri Oct 24 15:41:53 BST 2008

The following response to the 'Livewithit' epetition has just been

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!



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