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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a problem in that I have a football pitch 30 meters

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I have a problem in that I have a football pitch 30 meters behind my house in a park. Up to now it has not caused a major problem in terms of noise levels. However a new lease has been signed recently with the council and the new lease holder wants to develop the grounds to meet National league standards. Some matches have taken place recently which are more noisy than before. Residents want to object to the proposed plans and we want to be able to support our objections. We need to know if there is anywhere written down that we can quote that can be considered acceptable/non acceptable levels for a residential area. I had a answer before but I need further help /sites to get more definitives answers if possible.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you move to the area knowing there was a pitch behind your house please?
Customer: replied 2 years ago.

Yes, there was a pitch but the level of activity is never big and we can live that. It is sited in a park.Also the grounds although apparently allows for a capacity for 1920, at the moment some clubs cannot play on the grounds because it is not of the standard needed by the National League. Our argument is that the grounds do not need to be improved to that level.The only reason this seems to be a requirement is that the new football club is of that league and wants to play at that level. the capacity for supporter attendance would increase to 1950.This would definitely increase the regularity of games and the disturbance that goes with it - noise, parking congestion. litter,

Customer: replied 2 years ago.

Yes, there was a pitch but the level of activity is never big and we can live that. It is sited in a park.Also the grounds although apparently allows for a capacity for 1920, at the moment some clubs cannot play on the grounds because it is not of the standard needed by the National League. Our argument is that the grounds do not need to be improved to that level.The only reason this seems to be a requirement is that the new football club is of that league and wants to play at that level. the capacity for supporter attendance would increase to 1950.This would definitely increase the regularity of games and the disturbance that goes with it - noise, parking congestion. litter.

I qualify my first statement - the football pitch ws inactive- mainly children doing 5-aside football and the occasional fullblown football game

Expert:  Ash replied 2 years ago.
Have you complained to the Council?
Customer: replied 2 years ago.

We have already put in our objections to the planning officer with signed petitions in relation to lack of suitability of the proposals for the site, affecting the look of the park, increased parking, litter noise, increased use of the intrusive floodlights causing a nuisance to the residents nearby. We are trying to get the lease signed between the council and the football club to see if there are any contravention of any covenants put on the use of the land. Amongst other things we are doing is to try and ascertain whether we have good/acceptable evidence (in our decibel recordings) in terms of any established noise levels that are clearly not acceptable in a residential area such as ours.

Expert:  Ash replied 2 years ago.
You need to write and complain direct to the Chief Officer of the Council. They will investigate the complaint for you. If that has no joy then you should complain to the Local Government Ombudsman. They offer a free, independent service at: www.lgo.org.uk
If that also fails then you can consider taking out an injunction to stop them. You would need to complete form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

What specifically do you suggest I complain to the Chief Officer of the Council about??

What injunction do I take out to stop what??

Please clarify.

Do you have any specific advice to my question of what are acceptable /unacceptable noise levels?

Expert:  Ash replied 2 years ago.
Complain about the development to national standards and increase in noise. The injunction to prevent this.
Alex
Customer: replied 2 years ago.

Any advice regarding the noise levels?

Expert:  Ash replied 2 years ago.
Yes you can take steps above. The Council also have a duty to act under the Environmental Protection Act if it is harmful to your health.
Alex
Customer: replied 2 years ago.

Can one take out an injunction an injunction to stop.the Planning Dept. Granting planning approval? Does one not have to justify it?i.e that the level of noise is unacceptable otherwise it will b purely subjective and not substantiated hence why I want to know what is acceptable levels of noise.

Expert:  Ash replied 2 years ago.
That would be a judicial review but is is a similar process. You would need to issue an application before a high court judge who would decide whether their decision is legal and reasonable in all the circumstances.
You would need to establish noise nuisance of course and this would assist you.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry Alex, I am still not entirely clear/satisfied and perhaps not fully understanding your replies.

I would like to know how I can establish noise nuisance - is it just complaining to the council and getting an environmental officer out assess the noise level? As we have done some decibel readings where can I find out whether these levels are acceptable of not.

Just to reiterate that permission has NOT been granted for the development yet. I understand that a judicial review can be sought when permission has been granted but at this stage, are you saying that one CAN take out an injunction to prevent the Planning Committee granting permission, suggesting that I am trying to stoop them even considering the Planning Application.

Presumably one can't stop the Football Club applying again for their plans to be considered. Then what happens? Can I take out another injunction to stop the Planning Committee again?

Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Expert:  Ash replied 2 years ago.
.
Customer: replied 2 years ago.

Sorry Alex, Have you replied my questions of 26 April above?

Expert:  Ash replied 2 years ago.
No could you pat it again please?
Alex
Customer: replied 2 years ago.

26/4/15-Sorry Alex, I am still not entirely clear/satisfied and perhaps not fully understanding your replies.



I would like to know how I can establish noise nuisance - is it just complaining to the council and getting an environmental officer out assess the noise level? As we have done some decibel readings where can I find out whether these levels are acceptable of not.



Just to reiterate that permission has NOT been granted for the development yet. I understand that a judicial review can be sought when permission has been granted but at this stage, are you saying that one CAN take out an injunction to prevent the Planning Committee granting permission, suggesting that I am trying to stoop them even considering the Planning Application.



Presumably one can't stop the Football Club applying again for their plans to be considered. Then what happens? Can I take out another injunction to stop the Planning Committee again?

Expert:  Ash replied 2 years ago.
Yes you need to have noise monitoring and see whether that is considered a nuisance.
You can only seek an injunction via Judicial Review once permission has been granted. If no permission is granted you can't get an injunction as no need.
You can't stop the Football Club applying.
Alex
Customer: replied 2 years ago.

Still back to my original question - how can one ascertain noise nuisance??

More specifically, are there guidelines, e..g numbers of decibels of noise that becomes unacceptable?

Is there a website I can go for more information about this?

Expert:  Ash replied 2 years ago.
There are if you search
http://www.problemneighbours.co.uk/what-constitutes-noise-pollution.html
http://www.problemneighbours.co.uk/rights-under-noise-act.html
That should help!
Alex

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