Hello, thank you for your question. My name is Tony and I can assist with this.
If you cannot persuade the council to take further action on your behalf, then you may have no choice but to take steps yourself.
You could consider instructing solicitor, to send a strongly worded letter, bringing to issue court proceedings based upon the law of nuisance.
The law of nuisance requires the court to take a balancing act, in relation to activities that would otherwise be lawful (and sometimes normal), so as to ensure that they do not unreasonably interfere with a neighbour's enjoyment of their own land.
So whilst the use of a fishpond, with an oxygenating device, my normally be lawful, the court could prevent its use if, on balance, it considers it will create an unfair interference with your rights on your land. You're right, of course, is to enjoy a peaceful existence without undue noise from activities from your neighbour.
Whilst I am no aquarium or fish expert (such as the sleeve) that would prevent the noise from occurring, and which did not adversely affect the fish.
In that case, the court is likely to require such a device to be used, as that would be the most reasonable approach in the circumstances (assuming the cost is not exorbitant).
I hope the above gives you a useful indication, but as this is a chat, I am more than happy to run through any questions with you.
JACUSTOMER-2izrkmzv- : Hi Tony,
JACUSTOMER-2izrkmzv- : i did not fully understand the following paragraph from your response
JACUSTOMER-2izrkmzv- : 11:51 AMWhilst I am no aquarium or fish expert (such as the sleeve) that would prevent the noise from occurring, and which did not adversely affect the fish.
JACUSTOMER-2izrkmzv- : Thank you for your response - my neighbour says that she is getting the noise level assessed by our local council - would they have to visit me as well - I am certain that they will turn down their pump so that the noise appears less when this person visits. Also what is the likelihood of a person action being successful and approximately how much would it cost?
JACUSTOMER-2izrkmzv- : Hi are you still there?
tdlawyer : I'm here
tdlawyer : It's impossible to say what the likely costs are because it depends on too many factors, such as what your lawyers charge, what's points are taken and when the matter resolves. If it went all the way to trial it could cost about £10k or more but 95% of cases never reach trial.
tdlawyer : The threat of that risk though is often enough to make people look for a sensible negotiated resolution.
tdlawyer : Does this answer your question please?
JACUSTOMER-2izrkmzv- : I understand that it is difficult to assess how much such a case would cost and so your answer is understandable. I still do not understand your response at 11.15 - please could you have a look at that paragraph and possibly rephrase it for me so that I full understand your point.
JACUSTOMER-2izrkmzv- : Sorry, I meant your response at 11.51! Are you still there?
JACUSTOMER-2izrkmzv- : Are you still there Tony, please could you reapond!
tdlawyer : All I was saying at 11.15 is that if they can rectify this problem at minimal expense then a court is likely to require them to do that.
JACUSTOMER-2izrkmzv- : Thanks for your clarification - but the problem is that I may have oh pay £10,000 to get to that conclusion which is a heavy price to pay.
JACUSTOMER-2izrkmzv- : Finally, what can be done to get the council to rule in my favour on this issue? n this
JACUSTOMER-2izrkmzv- : Hi Tony, thank you for your responses so far - this is my final question!
JACUSTOMER-2izrkmzv- : Are you there?
JACUSTOMER-2izrkmzv- : Hi Tony
JACUSTOMER-2izrkmzv- : I am not happy with your level of response - first because it took an inordinate amount of time for you to respond and secondly, if you felt that I was asking too many questions I would have appreciated your informing me that my responses were 'beyond the call of duty' rather than you simply signing off. Thirdly, I would expect your responses to be crystal clear in terms of language but your 11.51 response lacked coherence, and you did not satisfactorily respond when I queried this.
Hello, I'm sorry, I haven't signed off - my computer has problems!
I'm on a different system now, and I had to travel to get to it - so apologies.
I would add, in response to the points you make, that the council will have to be convinced that this is something that can easily be resolved by the neighbours for them to rule in your favour.
And that it makes an unbearable noise that you have to suffer.
The best route for you would be to get a strongly worded solicitors letter sent - it's amazing the effect those can have.