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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, thanks for any help you can provide. I live on what

Resolved Question:

Hello, thanks for any help you can provide. I live on what was a cul de sac road but has been knocked through to facilitate the building of 61 new houses. This means that my road has become a thoroughfare for all the site traffic and attendant noise. The noise starts as early as 6.30 in the morning and the site traffic has caused a massive increase in noise, dust from the site causing clothes that are drying to be rewashed, cars having to be washed several times a week and drivers to and from the site speeding. I have tried on several occasions to solve the matter with the site manager and the company head office but still it continues. My partner has ME and the constant noise and disruption is also starting to have a huge negative impact on her health, not to mention the constant stress and mental anguish this is causing.
Do you think I have a case to sue for loss of enjoyment of the property?
Any comments gratefully received.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you.
Alex Watts : Have you complained to the council please ?
Customer:

I have not, no

Alex Watts : Did you object where there was planning permission please ?
Customer:

We did and there was a whole community objection. This was overruled by the council planners.

Customer:

Do you think there is case for loss of enjoyment?

Alex Watts : I think it would be hard. However there may be a case under the environemntal protection act which is where omissions etc are hazardous to health.
Alex Watts : Emmissions can be noise or dust etc.
Alex Watts : You should complain to environemntal health who can investigate the matter.
Alex Watts : They can limit or prosecute where necessary,
Alex Watts : The difficulty is that planning permission has been granted, so they are entitled to have some dispruption.
Alex Watts : But the 630am start and the volume of noise could give cause for complaint.
Alex Watts : So speak to envirnmental Heath as they have a duty under the environmental protection act to investigate
Alex Watts : Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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