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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have a large wood truss industry next door. They have had

Resolved Question:

We have a large wood truss industry next door. They have had fork lifts running all this bank holiday from 8am till 4.3opm. Dover District Council are not interested in our complaints and the noise is driving us mad and we cannot take much more. Please tell us what we can do other than sell our property.
Many thanks,
Penny
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello Penny my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume you are a private home, is that right?

Customer:

Yes Alex. Our home is private. Many thanks, Penny

Alex Watts :

Why dont the Council do anything do you know?

Customer:

They are more interested in the industry than in us as they obviously get a lot more money from them. We live on a narrow country lane and we have 30 and 40 ton Hgv,s smashing their way through to the woodyard. We have just had to have our small parking area between the house and the road all reinforced as it was collapsing due to the weight of the trucks etc. In 2004 the council made them put up an acoustic barrier which has not been maintained, we have tried to block some of the holes with sandbags.The Environmental Officer who we originally dealt with was very good and really tried to help us as he had been here and heard the noise for himself. The new officer just tells down us to write it down and says that the woodyard can work 24-7 as they are not Industry. We do not believe that this is right as they have 4 or 5 workshops, noisy forklifts,and lots of staff. Certainly not some little backyard setup.

Alex Watts :

You can do several things

Alex Watts :

1) Write to the Council and complain

Alex Watts :

The complaint will be investigated under the complaints procedure by the Chief Officers Department.

Alex Watts :

Once they respond and if you are unhappy you can take the following step

Alex Watts :

2) Complain to the Local Government Ombudsman

Alex Watts :

You can only do this once you get a final response from the Council

Alex Watts :

The Ombudsman are independent and can examine your complaint for free

Alex Watts :

Their website is: www.lgo.org.uk

Alex Watts :

If that does not resolve it you can

Alex Watts :

3) Seek a Judicial Review of the Councils decision not to do anything

Alex Watts :

This is where a Judge of the High Court examines the decision and decides whether they have acted legally and reasonablly.

Alex Watts :

The Judge can either agree with the decision or remit it back for further consideration

Alex Watts :

For this you would need a Solicitor as there are Court rules to follow and procedures

Alex Watts :

4) Finally you could seek an injunction for nuisance

Alex Watts :

This is where the actions of others are effecting you

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

You would be asking the Court for damages and/or limiting the work they do

Alex Watts :

Again you would need a Solicitor to represent you and present your arguments in Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The council does not seem at all interested. As I told you all they said was to fill in some forms of when the noise occurs. It is all day from 7am till 5pm daily and as said last weekend we had to leave our house to get some peace and quiet. As I write this I am in a closed room with TV on and I can still hear the forklifts. Also as I told you we are on a narrow country lane and when I came in earlier a large truck has left tyre marks 37cms from our fence and smashed down one of our trees. We are pensioners and do not need this aggravation.

Alex Watts : Ok you need to follow the above steps
Alex Watts : So complaint first, the, Ombudman, judicial Reciew and injunction.
Alex Watts : You need to go in that order.
Alex Watts : Can I clarify anything else?
Customer:

Thank you very much. your help is appreciated.

Alex Watts : Happy to help.
Alex Watts : If I could invite yo to
Alex Watts : If I cold
Alex Watts : If I could invite you to rate my answer please.
Alex Watts : If the system won't let you please say.
Alex Watts : If you need more help please click reply.
Alex Watts : Good luck with this.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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