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Ask ivorylounge Your Own Question
Category: Law
Satisfied Customers: 33388
Experience:  Barrister at Self Employed Barrister
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My neighbour is selling their house. We have an ongoing dispute

Customer Question

My neighbour is selling their house.
We have an ongoing dispute about noise produced from my wind turbine.
He has involved the council who have asked me to shut it down as it causes my neighbour sleepless nights. However I have full planning permission with no noise restrictions as part of planning conditions.
2 questions
1) My understanding is that standard noise control rules with environmental health department does not apply to agricultural grazing land where the turbine is situated and also wind turbines have special rules different from normal noise nuisance. Therefore the council has no powers to enforce me to take down the wind turbine.
2) My neighbour has not informed his estate agents and potential new buyers of his home of the dispute and in fact has told the agents there is no problem. Do I have any legal responsibility to inform the agents of the dispute as clearly this could affect any new owner.
Submitted: 2 years ago.
Category: Law
Expert:  ivorylounge replied 2 years ago.
You do not have a duty yourself to notify the purchasers, however the seller does have such a duty. He would potentially be misrepresenting the position to the purchasers by not making this clear. But you do not have a duty to them. I hope that this helps - please rate positive - thanks
Customer: replied 2 years ago.
Thank you for answering the second part of the question. Are you able to answer the first part relating to my wind turbine. Bw russell
Expert:  ivorylounge replied 2 years ago.
As to the first question my understanding is that you are correct as to the present rules - there is some talk about looking into the issue of their noise going forward - but for now you are correct. I hope that this helps. Please remember to rate positively - thanks
Expert:  ivorylounge replied 2 years ago.
Dear Russell, I hope that this helps. Please rate positive - thanks