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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24638
Experience:  Senior Partner at Berkson Wallace
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We have 3 bottle ba, I live in a village in the Lincolnshire

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We have 3 bottle ba
JA: Where are you? It matters because laws vary by location.
Customer: I live in a village in the Lincolnshire Wolds. We have 3 bottle banks which are 40ft from our bedroom window which are situated in a local garage next door to us in our village. There are in constant use by people all day and we have people regularly putting bottles in throughout the night. This, as you can imagine, makes it very hard to sleep and sometimes is so noisy that it sounds as though we are being burgled!. I have spoken to our Parish & Local Council and have been told they have been there for 20 years and they are not going to be moved now. Is there not any by-laws that prevents these being put so near to houses?
JA: What steps have you taken so far?
Customer: I have written to both the Parish & Local Council twice, spoken to a District Councillor who told me quite catergorically that they would not be moving no matter what we said". I have also written to my local MP who wrote back saying that after speaking to the Council they will not move them and the only thing she could suggest was the Environmental Health department.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I must also add that the Garage was owned when the bins were originall installed by the Chairman of the Parish Council and the garage get paid to house them. In the village we have a Village Hall and plenty of open public land that could be used for these bins, which are well away from any houses. Now they have also installed a Salvation Army bin and an Air Ambulance bin. It's getting to look like ma recycling centre

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you new to the area?

is anyone else in the neighbourhood bothered by the bins?

Customer: replied 20 days ago.
Hello there Stuart and thank you for your reply. We have lived here 6 years but have been asking for help with this from both the Parish & local Council for about 3 years, to no avail. We are the nearest house to the bins so obviously we are the ones getting most of the noise, but over the road opposite these eyesores are 2 houses and they say they can hear them all the time. One of the couples are very late going to bed people and she says that people are putting them in when they are going to bed, usually about 2.30am-3.00am. When the bins are full there is a notice telling people not to leave them on the floor but you know what people are like, they leave them anyway. They just stand them up near the bins, the wind blows and they are then all over the pavement at the end of our drive and we have had to go out and sweep it up because in Winter when it is dark we have had 2 tyres cut with the glass. We have also have 2 dogs and a lot the people in the village have children and dogs and they are also in danger with the broken glass. Again when I mentioned this to the Parish Council I was just told to ring them up and they would get someone to come and sweep it up "if I couldn't be bothered to do it". I think it also seems to matter that we are classed as outsiders unfortunately as we were not born here.I ahve the the disease of Lupus and I have trouble sleeping at the best of times, but with all this noise some nights it is impossible.I hope all this helps.
Customer: replied 20 days ago.
Can I ask if a solicitor that will deal with this is in the U.K. please.

We are in the UK.  The site is managed in the United States but we are UK law and UK law lawyers.

As soon as you mentioned bottle banks, 40 feet from your bedroom window, I knew exactly where this was going.

You have a claim in common-law nuisance against whoever is in control of the Bottle Bank because this is, in ordinary English dictionary definition of the word “nuisance”.

However what is very relevant is not just how long the bottle bank has been in place, it is how long you have been in the property.

If you came into the property and the bottle bank was already there, then you came to the nuisance and you have no claim.

If however the bottle bank was put there after you moved in or they added additional ones after you moved in, then the nuisance came to you and you do have a claim.

It’s not a matter of bylaws.

By all means mention it to the Environmental Health Department but I can’t really see it’s a matter for them.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

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