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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I live opposite a car wash operation. I have lived here

Resolved Question:

I live opposite a car wash operation. I have lived here for twenty years. The car wash has been in existence for ten years. When it first opened it had large six foot high two feet wide hedge between me and it. This has in recent years been cut down and no longer affords me any protection from noise from the site. When the car wash first opened it was a proper hand wash, therefore no noisey machines to contend with. At this time the noise coming from the site is substantial as they appear to be using very powerful machines to spray and vacuum the cars. The conditions laid out by the local council when the car wash was first opened contained the following: All spray from the operation of the car wash must be contained within the site boundary. No noise or vibration from the operation of any mechanical plant or equipment used shall be audible or detectable at the boundary of any neighbouring residential premises. Both of the above conditions are being breached by the car wash. They do have set hours they must abide by as well and on numerous occasions they have worked outside of these hours. I am in contact with the council on this matter but they appear very slow in any follow up to prosecute or warn etc. As I am semi retired I spend a lot of time in my garden but with the constant noise from this site I am unable to enjoy this as I should. Advise please on my problem.
Regards, ***** *****
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

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

What have the Council said so far please?
What is it you want to achieve?
Alex

Customer: replied 10 months ago.
The council have stated that they are going to monitor the noise levels but have no equipment at present. They have written to the owners of the car wash. They did mention a community order of some sort would be the quickest way of dealing with this matter. I want the car wash operatives to abide by the conditions set in the original granting of planning permission and for me not to be subjected to the noise from this site, which operates seven days a week.
Expert:  Ash replied 10 months ago.

I understand, but at present there is no evidence in terms of the levels of noise which have been measured?

Customer: replied 10 months ago.
No evidence of levels of noise no. The fact is I can hear the noise which is in breach of the original conditions. The noise can clearly be heard even at the rear of my property which is approximately 80metres from the site. I have sent via the councils noise app several recordings of the noise levels.
Expert:  Ash replied 10 months ago.

Ok - you will need evidence. You cant just go to Court and say you can hear it, a Judge will want to know the level of noise as if it is de minimus (minor) they may not do anything.

So you must get evidence. Once you have this then you can seek a noise abatement order.

You can apply in your local Magistrates court and it is a fairly inexpensive process.

You would have a claim under the Environmental Protection Act against noise, smells, emissions etc.

Can I clarify anything for you about this today please?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 10 months ago.
No. Thanks for your help.
Expert:  Ash replied 10 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

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