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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
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#1
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Hello all, I thought I'd run my situation past you to see if there any
avenues I haven't explored in relation to my problem. I have recently brought a lovely house down the end of a very quiet lane in a rural area that is (unfortunately) very close(100 m max) to the side of an industrial estate. there has over the years been some problems with noise from some of the units on the boundary of the site especially with a timber company that frequently flouts the regulations and stores timber outside of the units, causing noise (from fork lifts trucks)to the residents in our lane that is excessive. many of the units on the site are in very poor condition, made from asbestos and with many holes. the industrial estate dates back from the 2nd world war and was used for storage of green goddesses(and still is). unfortunately when the MOD sold it on as an industrial estate the council didn't place any restrictions on it use and thus there are no restrictions on the older units hours of use ect. our house and others in the our lane date from the early 1800's well before the estate came into being. as the owners of the estate have re-built the older units, the planning permission has been granted only with restrictions in place. the unit nearest to us has not been used for some years due to its poor condition (the side of the unit has come off and is open directly towards our house hence the loud noise), but has over the last 2 months been filled with timber with a very noisy fork lift operating all day and through the rear of the unit as it is more convenient to them(even though it causes us lots of noise). the history of the timber company's relation with the householders in our lane is poor and they are not bothered about the amount of noise they produced over the years. I bought the house knowing of the noise problem and with the intention of living with it if nothing could be done about it...but obviously I am going to try and get the noise level down if possible. generally the site is very quiet, only the hum of a timber drying machine during the mornings and occasional distant fork lift noise...until recently with this unit near us coming into use. (sorry about the disjointed information, I am dyslexic!) is there anything that can be done about the noise other than speaking to the owners of the site, the council etc? what is our legal position? dose anything jump out at you that may be a way of reducing the noise? do industrial estates have a right to make as much noise as they like? Any advice greatly appreciated! many thanks in anticipation. Steve |
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#2
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On Sat, 29 May 2004 13:20:05 +0100, put
finger to keyboard and typed: is there anything that can be done about the noise other than speaking to the owners of the site, the council etc? Other people can answer the legal aspects of your query better than I can. But... whatever the legal position, any steps they suggest are *not* alternatives to speaking to the owners and/or the council - they are *additional* steps to take after speaking to the owners/council, if this fails to resolve the problem. So the first thing to do is to contact the owners, and make them aware of your concerns. Even if they do nothing, the fact that you have asked them to do something will assist your case later should it become necessary to involve the law. On a slightly different point, what times of the day does the noise occur? If it's during normal working hours, then your case is likely to be much weaker than if it's during evenings and weekends. From a personal point of view, I once lived in a mixed residential/commercial area, and actually found it beneficial - they made all the noise when I was out at work and thus couldn't hear it, and I didn't have any human neighbours to annoy me with noisy stereos (or to be annoyed by mine) in the evenings. Mark -- -- http://www.FridayFun.net - now with added games! -- "All the promises we break from the cradle to the grave" |
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#3
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"Mark Goodge" wrote in message house.net... On Sat, 29 May 2004 13:20:05 +0100, put finger to keyboard and typed: is there anything that can be done about the noise other than speaking to the owners of the site, the council etc? Other people can answer the legal aspects of your query better than I can. But... whatever the legal position, any steps they suggest are *not* alternatives to speaking to the owners and/or the council - they are *additional* steps to take after speaking to the owners/council, if this fails to resolve the problem. So the first thing to do is to contact the owners, and make them aware of your concerns. Even if they do nothing, the fact that you have asked them to do something will assist your case later should it become necessary to involve the law. i have spoken to the owners and they do initialy seem helpfull and would prefer not to have complaints...but as to weather they will do anthing remains to be seen...the council is my next stop...i was just interested in wether there are any other options open to me....ie, does the fact that the house has been here one hundred years before the estate bare any wieght? ect... On a slightly different point, what times of the day does the noise occur? If it's during normal working hours, then your case is likely to be much weaker than if it's during evenings and weekends. From a personal point of view, I once lived in a mixed residential/commercial area, and actually found it beneficial - they made all the noise when I was out at work and thus couldn't hear it, and I didn't have any human neighbours to annoy me with noisy stereos (or to be annoyed by mine) in the evenings. Mark we get noise from 6 am till 9pm mon to sat...but not continuously every day. being a rural area and the fact our nearest neighbours are over 200 metres away we get total silence when there are no fork its operating! so it is intrusive. Steve |
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