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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My property boundary is less than 2metres away from a local

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My property boundary is less than 2metres away from a local council park basketball court. The court is increasingly becoming problematic with numerous incidences of anti-social behaviour occurring and last year damage to my property. The anti-social behaviour is now so bad that it is impinging on my family life and work as sometimes i work from home. The police are very aware of the situation but in all fairness can only try and act on the anti-social behaviour as it occurs.
Are there any building regulations that stipulate that the basketball court should be a set distance from residential property? My property is 8 years old.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

For now please let me know what the Council has said and what, if anything they have done please?
Alex

Customer: replied 1 year ago.
ManyThanks
The parish council have said they have no authority to re-site the basketball court as this is a district matter. The district council are aware of the situation and have put a cctv camera up on the side of my house at the beginning of this year that links to the council and police - i am paying the electricity for the camera. When we had a big incident of anti-social behaviour at night the police could not see anything from the camera as i was told it has no night vision capability!! A wire fence was erected around the court(in the last 12 months) to try and prevent footballs / basketballs coming into my garden. However this has not worked and now i am left with the noise of the ball hitting the wire fence continually. The parish council have put signs up saying that activities in the court should stop at 8:30 at might to respect the neighbours, but of course this is non-enforceable and there is nobody to ensure this occurs. Only last night i had to report an incidence to the police at 10:30 at night as a group of 14-20year olds (around 15 of them) were swareing, smoking, kicking the ball against the wire fence and being very loud and obnoxious.
The police are aware of the situation and know that the route cause was a very poor planning decision of siting residential houses so close to a park basketball court. The court was here before my house was built.
I also work from home more and more these days and often late into the evening and night and am often disturbed by the anti-social behaviour and of course report it.
This has been going on for around 18 months and am now at a stage where i need to escalate this through the legal route.
For awareness my neighbours are also reporting the anti-social behaviour to he police and have also been in touch with the council all to no avail.
Many Thanks
Mark
Expert:  Ash replied 1 year ago.

Was this facility there before you moved ?

Customer: replied 1 year ago.
it was. When we had this checked out prior to moving into the property there were no reported issues with the park / court.
Hope this helps
Thanks
Mark
Expert:  Ash replied 1 year ago.

Ok its bad news I am afraid Mark, there is no law that says a basket ball Court should be a distance from a property. If planning permission was given and then you moved to the area after, sadly there is not much you can do.

They are operating legally. All you can do is pressure the Council/Police to take action in terms of the anti social behaviour. But there are no rules or laws in relation to basket ball Courts and distance from residential properties.

I am sorry if this is not the answer you are after 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 1 year ago.
Thanks Alex
I suspected that would be the case, as a neighbour also mentioned this too. What about invoking the human rights act in terms of family life etc...would that be an option.
Many thanks
Mark
Expert:  Ash replied 1 year ago.

It could be, but that is a qualified right. That means it can be limited by law. As they have planning permission, that means it is permissable as your right can be limited.

I am sorry again, but does this clarify?
Alex

Customer: replied 1 year ago.
Thanks Alex
Would it be worth pursuing the human rights angle. My neighbours have the same issue and have 4 children under four and they can't even open their windows at night as the anti-social behaviour wakes their children up.
Many thanks
Mark
Expert:  Ash replied 1 year ago.

I don't think it would Mark because of what I said above. It's a qualified right. Alex

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