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Local Talkback
Talkback is for the residents and businesses in Liphook to voice their views and opinions about local issues and events.


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Noise
- Boris (13th Feb 2009 - 21:56:04)

I live in close proximity to a building site, and at the moment the building is having the roofing done. Whilst the normal noise associated with building can be accepted, the present situation with the workers on the roof with a huge "boom box" radio belting out music at full volume all day long, is too much to take.
The loud base boom can be heard inside my home and almost drowns out the sound of my television.
I have telephoned the construction company on two occasions, and the persons I have spoken to have undertaken to speak to the site manager about the excessive noise.
However, now I find the radio on even louder, and the clowns on the roof all sing along at the tops of their voices.
Other than praying that they, or this bloody radio, fall off the roof, is their any regulation that can be enforced by any pubilc body ( the Parish Council?) to bring a satisfactory solution to the problem?

Re: Noise
- Dawn Hoskins (14th Feb 2009 - 13:19:24)

this qualifies as 'legal' nuisance.

Write a letter rather than telephone explain that this is an intollerable noise and amounts to Nuisance. Threaten further action by solicitor to get a prohibition order.

Google Nuisance, this should explain the basic guidelines.
Hope this helps
Dawn

Re: Noise
- Dawn Hoskins (14th Feb 2009 - 13:23:07)

this is the legal dictionary definition

NUISANCE - Substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultra hazardous in origin, and must be a result of defendant's activity.

This word means literally annoyance; in law, it signifies, according to Blackstone, " anything that worketh hurt, inconvenience or damage."

Nuisances are either public or common, or private nuisances.

A public or common nuisance is such an inconvenience or troublesome offence, as annoys the whole community in general, and not merely some particular person. To constitute a Public nuisance, there must be such 'a number of persons annoyed, that the offence can no longer be considered a private nuisance: this is a fact to be judged of by the jury. It is difficult to define what degree of annoyance is necessary to constitute a nuisance. In relation to offensive trades, it seems that when such a trade renders the enjoyment of life and property uncomfortable, it is a nuisance for the neighbourhood have a right to pure and fresh air.

A thing may be a nuisance in one place, which-is not so in another; therefore the situation or locality of the nuisance must be considered. A tallow chandler seeing up his baseness among other tallow chandlers, and increasing the noxious smells of the neighbourhood, is not guilty of setting up a nuisance, unless the annoyance is much increased by the new manufactory. Such an establishment might be a nuisance-in a thickly populated town of merchants and mechanics where no such business was carried on.

Public nuisances arise in consequence of following particular trades by which the air is rendered offensive and noxious. From acts of public indecency; as bathing in a public river in sight of the neighbouring houses or for acts tending to a breach of the public peace, as for drawing a number of persons into a field for the purpose of pigeon-shooting, to the disturbance of the neighbourhood or keeping a disorderly house or a gaming house or a bawdy house or a dangerous animal, known to be such and suffering him to go at large, as a large bull-dog accustomed to bite people or exposing a person having a contagious disease, as the smallpox, in public and the like.

A private nuisance is anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another.

These are such as are injurious to corporeal inheritance's; as, for example, if a man should build his house so as to throw the rain water which fell on it, on my land or erect his. building, without right, so as to obstruct my ancient lights; keep hogs or other animals so as to incommode his neighbour and render the air unwholesome.

Private nuisances may also be injurious to incorporeal hereditaments. If, for example, I have a way annexed to my estate, across another man's land, and he obstruct me in the use of it, by plowing it up or laying logs across it and the like.

Re: Noise
- P Weyland (14th Feb 2009 - 16:21:00)

Maybe you could phone the construction company up and remind of this;

news.bbc.co.uk/newsbeat..

Re: Noise
- dave (15th Feb 2009 - 10:47:03)

i work in the construction industry and this maybe classed as a health and safety issue regarding workers hearing fire bells or dangerous machinery, mention to the builders that if the noise persists you will call them. they are on the web. hope this helps.

Re: Noise
- barbara Easton (16th Feb 2009 - 11:41:31)

Please ring EHDC they have a section to deal with this under environment. Also try the planning officer who gave permission she will know the right course of action to take. If you need help ,I will phone EHDC on your behalf if you reply to this, but I will need your phone number and details.

Re: Noise
- Phil McNamara (17th Feb 2009 - 16:07:22)

What are they building, out of curiousity?

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