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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Family in street very narrow running a business very noisy

Resolved Question:

family in street very narrow running a business very noisy , three vans, checked with council they say one van ok with light goods not the case,also running another business from the house with a lot of car traffic, council does not want to know
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
I have gone to the council with this problem and they have ignored the facts , I contacted the planning officer who said he had visited the street but all he did was to talk to one of the people running the business and believed everything they have told him, not bothering to even check the next day when they are back to three vans, and banging and crashing , and setting off van alarms, and the other business is carrying on with cars arriving one after the other and parking in front of my drive and on the pavement, the council don't even talk about this business, and do not seem at all interested, and the council admit that they do not pay business council tax, and do not mention the other business.
Expert:  Jo C. replied 1 year ago.
Ok.
So what would you like to know about this please?
Customer: replied 1 year ago.
what would be my next step to take to stop this from happening, I have had problems since contacting the council, with this family, I have had lights flashed through my windows and cars and vans parked on the pavement directly outside my house, and very lound slamming of doors and alarms going off on vans outside my bedroom windows, so obviously the council have informed them of my complaint
Expert:  Jo C. replied 1 year ago.
Thanks.
To be wholly honest, if it is just slamming of doors and other similar noise then Im afraid that does not amount to a nuisance.
Alarms can amount to a nuisance depending on their length and times of day. It would need to be substantial.
Lights flashing through your window is not actionable I'm afraid.
The Council will not act, I'm afraid, because this is not the strongest case.
You can always sue in private nuisance but do bear in mind that you bear the same burden as the council would and if they will not act then that does not bode well.
Running a business from the house is not actionable. All it would mean is that he has to pay rates which is for the council to enforce.
I'm very sorry but that is your position.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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