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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can I claim that a hand car wash with the constant noise of

Resolved Question:

Can I claim that a hand car wash with the constant noise of high pressure jet sprays and industrial cleaners 7 days a week from 0700 t0 1900 is a violation of my human rights to peace and quiet in my garden.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask how long the car wash has been present please?

Joshua :

Is the land only used as a car wash or are other activities carried on upon the land other than the car wash? Do you know who owns the land?

Customer:

This car wash is sub let from the franchiser of the petrol station which is operated by Texaco.The actual site is owned by Texaco. The car wash in its present form has been open for approx. 6 months prior to this it was in the form of a self service wash facility which owing to its lack of custom didn't bother us too much. We have lived here for over 20 years and knew from day one there was a petrol station in close proximity but it has never been open late at night and never bothered us. However this car wash run by eastern Europeans is a different matter. The aggravating noise of high pressure water jets and the hum of industrial cleaners 7 days a week is totally unacceptable. My wife was woken last Sunday by pressure washers at just gone 0700 which is just not on.

Joshua :

Thanks. There is no specific human right that deals with noise save for article 8 which deal indirectly with the same in terms of right to family life but this right is in relation to the state not private business. Accordingly I cannot see that human rights arguments will be helpful. However there is a far more established basis to purse the matter under the provisions of both the Town and Country Planning Act and the Environmental Protection Act 1990

Joshua :

The Town and Country Planning Act as you are aware restricts not just development but also use of land. The land may or may not have the appropriate planning use for the activity and I note you are already pursuing this enquiry albeit with limited success to date.

Joshua :

The Environmental Protection Act provides for complaints for statutory nuisance. This gives the council the right to take action in respect of nuisance. The test for what constitutes a nuisance under the Environmental Protection Act is the same as a common law test, namely whether the act of complained of "…is an inconvenience materially interfering with the ordinary physical comfort of human existence". In addition to this, the reasonableness of the act or omission complained of, must be determined by factors that include the motive, duration, intensity and time of offending activity, sensitivity of the complainant and nature of the locality.

Joshua :

No accomodation will be taken into account for unusual sensitivity to a nuisance - e.g. an allegy to a smell but the test is the reasonble person in the cirumstances of the location and local environment.

Joshua :

In order to establish that the noise is a nuisance you need to be able to demonstrate that the same causes a substantial interference with your use and enjoyment of your property.

Joshua :

A council officer from the Environmental Protection department can investigate and if he finds that there is an unacceptable level of noise serve an abatement notice on the offencer requiring them to cease and desist.

Joshua :

You can also seek an application for injunctive relief against the neighbouring business in the County Court independently of the council. If you decide to deal with the matter yourself through the County Courts, you will need to consider first serving a notice on your business complaining of the statutory nuisance they are causing and ask them to cease and desist within say five days notice failing which you reserve your right to apply for injunctive relief together with costs the County Court for statutory nuisance together with damages for loss of amenity of your land for the period in question

Joshua :

in order to do so, you will need to complete form N16A

Joshua :

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=402

Joshua :

Is there anything above I can clarify for you?

Joshua and other Law Specialists are ready to help you