How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 1 year 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 1 year ago.
Did they have planning permission at the time?
Customer: replied 1 year 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 1 year ago.
Have you complained to the Council?
Customer: replied 1 year ago.

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

Expert:  Ash replied 1 year 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 1 year 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 1 year ago.
You can claim compensation as a result - yes.
Does that help?
Alex
Customer: replied 1 year 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 1 year ago.
No, you can just say to be decided by the Court.
Is that OK for you?
Alex
Customer: replied 1 year 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 1 year ago.
Yes if you can get evidence when it gets to trial that would help.
Alex
Customer: replied 1 year 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 1 year 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, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year 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 1 year 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 1 year ago.
I do yes.
Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice