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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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We are being subjected to excessive noise and odour from a

Customer Question

We are being subjected to excessive noise and odour from a car spraying works which has been extended (without planning permission) and now sits too near our boundaries. The Council has been invovled and have even issued an Enforcement Notice, but despite the level of noise being slightly reduced, the smell is still as bad and we are all now so stressed as the Council has given the unit permission to operate again. We desperately need help and don't know where to turn.
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.

Have you referred it back to the council again?

How many people/houses are affected?

Customer: replied 4 years ago.

Yes, and they have carried out tests which have all proven to be positive in both noise and odour, but have now allowed this unit to operate again without giving us the reassurancer that these emissions are not harmful. There are several houses involved and around 15 people (there will be more once the unit is running fully) and we now feel we have gone full circle with the whole thing and that the Council just want it to go away. We understand that this must be done through due process, but there has been no transparency insofar as the results of the noise and odour tests have not be made available to us.


 


We now need to know if we have a legal case so that we can elevate this issue further.

Expert:  Stuart J replied 4 years ago.

Yes, you have a legal case.

How many people will contribute to legal action?

Customer: replied 4 years ago.

We have all now come to the opinion that we need to take legal action to get this operation either abated to a reasonable level or closed down so I believe we are probably looking at around 10 people. However, we are just taking advice at this stage as we have legal cover with our household insurance and, of course, they will appoint their own legal people. OUr lives at the moment are so restricted as we have to stay indoors with our doors and windows tightly shut against the nuisance and the Council seem to be dragging their heels so we need to be more bullish in our responses to them and know that we can threaten legal action.

Expert:  Stuart J replied 4 years ago.


The reason I ask about
numbers is because not all insurance will cover this so check first. You may
end up funding it privately. £1000 each from 10 people is £10k

It doesn't matter if the
smell is harmful or not. Many obnoxious smells(sewage , pig farm, cow poo, etc)
are not necessarily dangerous, but that doesn't make it pleasant or not a
nuisance.



You collectively have a claim
in Public Nuisance . If only one was affected, then it is private nuisance.



I would firstly tell the Env
H Dept at council that unless they get this sorted you will complain to the Local
Government Ombudsman and secondly write to the co and tell them that if it
continues you will apply to court for an injunction and legal and court costs
to make them stop until they remedy the problem.



The letters are better from
solicitors



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