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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I moved to a new house backing onto a school in March after

Customer Question

I moved to a new house backing onto a school in March after researching the school's facility use out of hours and couldn't find evidence that the school was being used outside of typical working hours. I then found the floodlights to be on every evening until 10pm shining directly into my living room and lighting up my whole garden which is when I established a tennis club was using the tennis courts. I therefore reluctantly sent an email to the club on the assumption that the Club would be unaware of the inconvenience the light and noise causes. I asked that the Club consider choosing the other courts that are not as close to my garden for their floodlit tennis matches (there are 6 courts and the one nearest residential properties is used in the evening more than any other) - and consider finishing before 10pm.
The club was ranted permission to use the courts until 10pm 8 years ago. I have recorded a response basically that they will do nothing whatsoever to try to use the other 5 courts more than the one at the end of my garden and will offer no compromise and have copied in a lawyer who is also a member of the club.
The current permission means the courts can be in use 55 hours per week or 110 x 30 minute sessions (not an insignificant amount) as follows:
9:30am - 9:30pm Saturday
9:30am - 6pm Sunday
3:30pm - 10pm Monday, Tuesday, Wednesday and Thursday
1:30pm - 10pm Friday
The Club is generating approximately £13k per annum in Membership Fees. I note there are also additional courts within 1.2 miles of the school.
Is there anything I can do to encourage them to be more reasonable? Thanks in advance!
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.
Hello my name is ***** ***** I will help you.How long have they been running please?Alex
Customer: replied 6 months ago.
Hello sorry for the delay. The tennis club has been sharing the courts with the school since September 1993. Under the current planning permission granted on the 7th February 2008, the club can use the floodlights until 10pm 7 days a week. I don't know when the club was officially setup but do know the floodlights were refurbished in 2012.
Expert:  Ash replied 6 months ago.
its bad news I am afraid. Sadly the onus is on you to check the status of anything which may concern before you move. its like moving to a property near an airport and complaining about the aircraft. If they have planning permission then sadly you can not stop them. You or your Solicitor should have made all necessary enquiries before you purchased the property.But as they have permission there is nothing you can do against the club to make them reduce the hours.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 6 months ago.
Thanks Alex. What about choice of court? There would be no way at all of knowing they choose the court at the end of my garden over and above the other 5 courts available.
Expert:  Ash replied 6 months ago.
But if they have permission from the Council and it was not conditional upon them using any particular Court at the time of day, then going to Court would be no use.A Judge would look at this and consider, are they acting lawfully? Sadly they are.I am sorry. If you went to Court and lost, you would be liable for all of their legal fees. Alex

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