[Bell Historians] Livewithit - epetition response

[Peter Whisker]

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.

She then made a complaint about the noise of the church bells (usual 
practice nights, Sunday mornings and a very occasional QP, nothing 
exceptional).

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.

Thankfully, she has now moved on.

Peter

Dickon Love wrote:
> More powerful has been the following ruling:
>
> http://www.telegraph.co.uk/news/uknews/3248989/Legal-defeat-for-neighbours-who-complain-of-pub-and-church-bell-noise.html
>
> DrL
>
>   
>>  -------Original Message-------
>>  From: Richard Offen <richard.offen at rHUtPxl9butwhxAXT1fqyDFYT_O9tWYO6OVk3nzcEeLp3nkFUTmoivcUfbwEw2AbgqySnZ69y1fcEop3RMMQCb6AGMw.yahoo.invalid>
>>  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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