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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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A speed table has been put in our road by the local council.

Customer Question

A speed table has been put in our road by the local council. It does not slow traffic but is causing those of us nearby unacceptable levels of noise and vibration. Because of this and in the light of the fact the table is not effective we have asked for it to be removed.


 


The council is talking to us but with some resistance. We intend to progress the matter as far as possible with local residents, local councillors and the council in the first instance.


 


My question is: can we eventually take legal action against the council to compel them to remove it if we cannot get it removed voluntarily? If so what is the procedure and what type of lawyer do we need to consult?


 


We do not wish to take action at present but want the information to bring out if required.

Submitted: 3 years ago.
Category: Law
Expert:  Michael Holly replied 3 years ago.

The local authority would have a duty of care to local residents with regard to the consequences of putting a table there in respect of any damage that is caused as a consequence. The best way to attack it and also set up a legal cause of action would be to get a surveyors report in respect of one of the houses affected showing either damage or stating what likely damage will occur to the property if the situation is not resolved.This will not only give you a powerful weapon for the current negotiations but also platform to sue from if necessary.

You would not need a particularly specialist solicitor for this, the cause of action would be based on negligence which any litigation solicitor should be familiar with.

I hope this helps.If you require any further information please reply

Best wishes

 

Yours sincerely

Customer: replied 3 years ago.

Hi Michael


 


Sorry you have made an assumption and slightly answered the wrong question. I didnt mention anything about damage to property. We do not have a problem with damage to buildings. The table is causing ourselves to be adversley affected. The shocks through our houses caused by larger vehicles going over the table through day and evening are disturbing to people living in the houses, causing pictures to rattle on the walls etc. The clattering of trucks/vans as they pass over is causing a nuisance, waking people early morning etc.


 


 


They did survey local residents prior to putting it in but we were not told that vibrations might occur. Apparently this is a known problem. So perhaps a duty of care neglected there?


 


So a surveyors report is not relavent here but as a group we have put a petition in to the council stating the problem and effects on us and that we want the table removed so we can enjoy living in our houses as we did before. The question is if they will not ultimately respond to us and remove it can we legally try to compell them to.


 


Could you give pointers on that basis of the above please.


 


Many thanks.

Expert:  Michael Holly replied 3 years ago.

Dear XXXXX

 

Yes, sorry.

As the concern is the health of homeowners we can attack this a different way.I would get a report from my G.P. just stating that the constant noise and vibration is having a detrimental affect on my health.The report can be used to support your argument with the council and form the basis of a personal injury claim against the council for the physical effects and distress caused.

 

Yours sincerely

Michael

Customer: replied 3 years ago.

Dear XXXXX


 


Sorry but you are still not answering the original question and it appears you havnt read through the subsequent clarifiction. Could you have another look through. We do not wish to make personal injury claims. We want to know if we can take legal action against the council to compel them to remove the table if we cannot get it removed by agreement. And how we would do this ie how do you take legal action against a local government traffic department.


 


As I stated the true basis is that it is causing disturbance/nuisance and negative effects on quality of life in our houses. We want to enjoy living in our houses as we did before. Its not nice having your house shaken etc. We have delivered a petition to the council stating this and requesting removal. There was a consultation prior but we were not told of the possibility of vibrations etc. Is there a duty of care issue on this basis? Is there an approach to force them to remove given what I have described?


 


Im not sure if this comes under litigation. Has this sort of challenge been successful before? Would I be better talking so someone who specialises in local government?


 


To let you know its not essential to get back to this until after the holiday.


 


Regards


 


Richard

Expert:  Michael Holly replied 3 years ago.

Dear XXXXX

 

I have worked as a local authority lawyer.It is about finding a legal cause of action to use as the basis for getting he action you desire ,which is the removal of the table,taken.

The threat of personal injury claims from affected residents will help achieve this.The only direct claim would have to be based on nuisance and in such a claim all the factors including noise and the effect on resident's health and well being can be raised.

 

Yours sincerely

Michael

Customer: replied 3 years ago.
Relist: Answer quality.
I have given this request for another answer after some consideration. I do feel the response I got was not as helpful as I expected. It felt like my question and individual circumstances were not considered or read through properly and generic answers given without much thought. For example I had to reply twice to get the actual question I asked considered. I have been given some information but it doesnt seem as if someone has looked carefully at the problem and given a clear considered outline of information and what to do. Am I asking too much here?
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

I can confirm that the answer given is correct.

You can seek a mandatory injunction forcing a local authority to take an action as you an upon any other public order or individual.

However, you cannot seek a mandatory injunction without some fundamental underlying claim. Mandatory injunctions are not available unless you can show there is some unlawful act or consequence if it is not made.

Customer: replied 3 years ago.

Dear Jo


 


Thanks for the response. In your reply I cant understand the third paragraph, the syntax or grammar is very odd and its not legible. The last paragraph reads but its pretty dense and will take some effort to explain I can see. As youre aware Im sure its my second try at this and I think Im going to give up with this method of dealing with the issue. It seems to be too difficult/time consuming to deal with the matter like this, perhaps its only suited to more simple things. It basically hasnt worked for me so I will terminate things and request a refund. Im sorry for this, if I was genuinely satisfied I would have been happy to pay the money.

Customer: replied 3 years ago.

FOR JOMO1972 Dear Jo.


 


Thanks for the response. Unfortunately in your reply I cant understand the third paragraph, the syntax or grammar is very odd and its not legible. The last paragraph reads but its pretty dense and will take some effort to explain I can see.


 


As youre aware Im sure its my second try at this and I think Im going to give up with this method of dealing with the issue. It seems to be too difficult/time consuming to deal with the matter in this way, perhaps its only suited to more simple things. It basically hasnt worked for me so I will terminate things and request a refund. Im sorry for this and your time spent. If I was genuinely satisfied with the service I would have been happy to pay the money.

Expert:  Jo C. replied 3 years ago.
Ok. Good luck then

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