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Machinery Noise
A neighbour has a very big shed in his garden, and uses it nearly every day as a workshop, lathes and woodworking by the sound of it. It is very noisy at times, especially on the rare sunny day when out in my garden. He is retired, so has lots of time to kill. I have spoken to him previously, but he is very aggressive. Any suggestions please?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Being there first gives a neighbour the edge, Khandro?
What nonsense. So what you're saying is, if the yerbamate was the noisy party it would be perfectly acceptable to make the same noise because he was there first?
Poppycock and I can vouch for that. Got my local HA involved when a noisy neighbour who had been there a number of years before me, would rev car engines at 4 am and 10.30 pm and generally behaving in a selfish way
I won - thank you
What nonsense. So what you're saying is, if the yerbamate was the noisy party it would be perfectly acceptable to make the same noise because he was there first?
Poppycock and I can vouch for that. Got my local HA involved when a noisy neighbour who had been there a number of years before me, would rev car engines at 4 am and 10.30 pm and generally behaving in a selfish way
I won - thank you
Not strictly true that "who was there first" matters. The old leading case on nuisance was about a doctor who came to a house that was next to a workshop. The workshop was a nuisance through noise and vibration. The owners pleaded that the doctor had come to or built (I can't remember which) his house in full knowledge of the workshop and its nuisance; he had come to the nuisance and so could not complain.Held: that was immaterial and judgment would be entered for the plaintiff.
FredPuli43, the case I had in mind was that of a guy that bought an old gamekeepers cottage next to pheasant rearing pens that had been there fo over 50 years, he complained that the pheasants were making too much noise, the pheasant rearing business had to close down, he won. It was based solely on the unacceptable noise level, regardless of the business having been there previous to him moving next door.
Ratter et al //"who was there first" thing does not hold water I'm afraid. It is purely down to acceptable noise levels, not who was there first.//
I didn't say it gave the right in law, I said 'it gives you the edge'. If someone build a house next to an established noise-making factory and then complains to the local council about the noise, their case will not be looked on with much sympathy. I know this as a fact, having once been the 'noise-maker'.
I didn't say it gave the right in law, I said 'it gives you the edge'. If someone build a house next to an established noise-making factory and then complains to the local council about the noise, their case will not be looked on with much sympathy. I know this as a fact, having once been the 'noise-maker'.
Years ago before I moved down here we had a similar problem with a guy who was running a little business selling bundles of fire wood who would start up a circular saw cutting his wood very early in the morning. It lasted until his next door neighbour told him the next time he was on nights and he was woken up by the saw it wouldn't be wood that was getting cut.
Your irritation is, of course, subjective - the noise being made may be acceptable to others and it may only irritate you.
The reason I mention this is because one of my neighbours absolutely loses the plot when I mow my lawn. I have a large garden and therefore have to use a petrol mower, and when I mow my lawn, which is always on a Saturday afternoon, she always hollers over the fence, whereas my other neighbour doesn't mind at all.
Mowing the lawn on a Saturday afternoon is completely acceptable practice and therefore the mad bitch may be a bit soft in the head, but the point I am (rather clumsily) trying to make is that the noise 'may' be within perfectly acceptable levels, but it just happens to annoy you.
The reason I mention this is because one of my neighbours absolutely loses the plot when I mow my lawn. I have a large garden and therefore have to use a petrol mower, and when I mow my lawn, which is always on a Saturday afternoon, she always hollers over the fence, whereas my other neighbour doesn't mind at all.
Mowing the lawn on a Saturday afternoon is completely acceptable practice and therefore the mad bitch may be a bit soft in the head, but the point I am (rather clumsily) trying to make is that the noise 'may' be within perfectly acceptable levels, but it just happens to annoy you.
Something similar happened to me some years ago. The neighbours in question seemed to be doing car repairs. The noise was terrible and the parking was manic.
My solution : I wrote to the tax department of the local council asking for a reduction in council tax on the grounds that I was no longer living in a residential area, but an industrial area. The Council was round like a shot, and very soon the nuisance was much reduced.
My solution : I wrote to the tax department of the local council asking for a reduction in council tax on the grounds that I was no longer living in a residential area, but an industrial area. The Council was round like a shot, and very soon the nuisance was much reduced.