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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband & I are blighted by noise & light pollution since

Customer Question

My husband & I are blighted by noise & light pollution since April 2014 & if we knew the operation directly opposite our home was going to be built, we would not have bought our home in 2012. Can the Convention of Human Rights help us PLEASE??
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
We live on the waterfront in Southampton & directly opposite us ABP have constructed a new Container berth called SCT5 for some of the largest container ships in the world. We knew nothing about this when we bought what we hoped would be a lovely retirement home. We love the house & don't want to move but we can't put up with with constant ships engine noise, large ship spotlights shining all night & container banging. Our quality of life has been shattered & we have been trying to sell our house & we can't because of it. What can I do PLEASE
Expert:  Ash replied 2 years ago.
Did they have planning permission at the time?
Customer: replied 2 years ago.
It seems they don't have to apply for planning permission to do things in the Dock or inform anyone. Our Solicitor said that nothing was showing up & they started pile driving 5 months after we moved in & that nearly drove us mad too.
Expert:  Ash replied 2 years ago.
Have you complained to the Council?
Customer: replied 2 years ago.

I haven't but i know my neighbour has & a Rep from the Council has been to see them.

Expert:  Ash replied 2 years ago.
Ok, the cheapest option is to speak to Environmental Health. That department can investigate the matter and they have powers to do so under the Environmental Protection Act 1990. If there is anything prejudicial to health then they can take action,
If that does not work then you can take out a private Magistrates Court claim making them abate the nuisance. The court will then see what the nuisance is and whether they should stop. This is the next cheapest option.
You can't claim human rights against the firm if it is a private firm - this is because Human Rights only apples to Local Government and Public Bodies.
Can I clarify anything for you about this today please.
Alex
Customer: replied 2 years ago.

Thank you Alex. I will try your suggestion with environmental health.

It seems strange almost bizarre that Human rights only covers government/public bodies & extremely large powerful companies arent brought to book by it.

How do i stand regarding a claim for compensation from them bearing in mind we do not have a money pot & are on pensions.

Angie

Expert:  Ash replied 2 years ago.
You can claim compensation as a result - yes.
Does that help?
Alex
Customer: replied 2 years ago.
It certainly does help but what is our best way of doing it & do we have to give/suggest the figure we are looking for or ??
Many thanks Angie
Expert:  Ash replied 2 years ago.
No, you can just say to be decided by the Court.
Is that OK for you?
Alex
Customer: replied 2 years ago.
Thank you. To take it to court, do I need/or is it best to be armed with any particular info proof or something from a professional body (our funds are v v limited) even though they know every bit of disturbance they are creating.
Angie
Expert:  Ash replied 2 years ago.
Yes if you can get evidence when it gets to trial that would help.
Alex
Customer: replied 2 years ago.
Thank you. Is there a professional body that lists people/companies who would be "Environmentally"" switched on. I just feel that the Council will be biased in favour of ABP or am I wrong? Councils always seem to go with big business cos they pay for sooooo much infrastructure & they do deals. That makes them difficult to fight
Regards Angie
Expert:  Ash replied 2 years ago.
You need to get an Environmental Survey done, to assess the light and noise pollution from your house. Then you can take action as to abate the nuisance.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Our worst noise & light problems are at night so we need an environmental survey or something similar that will take us through the night as well as during the day & evening.Do you think this Is possible please.

Angie

Expert:  Ash replied 2 years ago.
I do yes.
Alex