Any environmental health officers out there?

[Morley19]

i already have a thread going about my neighbours and the horrendous balcony they are trying to get passed

The other problem I have with them is noise disturbance. I am going to get environmental health involved next week but I was just wondering how much assistance they would be and what actions they generally take?

I get the usual loud music in the garden whenever it is sunny (we live in semis with gardens separated by just the normal fence)

But the main issue is the flippin hot tub they acquired last year. They have plonked it right up against the back of their house and touching the boundary fence. It is one meter from my back door that leads off my lounge into the garden. It couldn’t be any closer to me without actually being in my house

I regularly (every evening when it is sunny) get subject to an hour of loud music, loud motor and shouting above it all. It means I have to come inside and shut all windows (and even then I can still here it).

It isn’t generally really late but it is at the time when I would like to enjoy my garden too but can’t. However I was woken up at midnight last Saturday and subject to an hour of horrendous noise when they were in it with another couple and all absolutely hammered. Tried to ring the police to come out but couldn’t get through.

I also get what I can only describe as a chemical stench wafting all over the garden and throughout my home (assume when they clean it).

I don’t know if this will work but I have tried to attach a ten second recording from tonight. Turn the volume on your phone up to max but even then it doesn’t convey what it is like in real life

Tonight was far from the worst but this was recorded sat on my settee in my own home with the door just slightly ajar

As I said what I am trying to find out is how much environmental health departments would actually do in instances like this?

Many thanks

Bugger that didn’t work

I have recorded as a voice memo. Anyone know how I save that to be able to attach it here?

They will send you log sheets to keep and then if they judge the issue to be a potential statutory nuisance noise monitoring equipment might be installed. Your details won't be released (unless it goes to court which is relatively unusual) but they will write to them and say a complaint has been made and detail the complaint. Neighbours will probably figure out its you.

I may not have read the op properly? Have you spoken to them or asked them to be quiet?

Some councils are using noise apps where you can submit your recordings to them. Look at council web page.

If they don't voluntarily reduce the noise the process to force them to is quite long. You need to think about what you want.no hot tub? Hot tub moved? Hot tub not used at certain times etc.

It can be very very hard to resolve cases.

There is also the concept of loss of amenity through planning on losing your use of the garden but that's really difficult. An argument can also be made that they have a right to use their garden as they see fit

Hi

Thanks for your reply.

My council does use that app but I can’t get it to work

Unfortunately there is no talking to them now. Relations are zero. They are well aware of the problem though and do nothing to be considerate

I have actually send the recordings to the local ward councillor (who was horrified by them) and he has given me a contact at the council. I will get straight on to them on Monday.

I was just wondering what action they could take. Would they ever do things like make them move it? Or limit their use?

That is my fear, that it will be very hard to resolve

I don't understand why councils let the neighbours know in advance that they are installing noise monitoring equipment.

If the neighbours know it is going to be there than they will obviously be as quiet as mice for that period?

It's the law, ripa. You can't put surveillance on people without telling them. The letter gets sent at the beginning of the process they won't know when the machine is going in unless they see us installing it. Generally officers won't wear badges etc openly on those types of visits.

Are next door owners, private tenants or council or housing association tenants? Occasionally council tenants can be moved but it is relatively rare as the system is so stretched. Newer council tenants have generally stricter leases. I think you need to be realistic, use of hot tub for periods of time in the week can be argued as reasonable enjoyment of their property.They might be able to move it, acoustic screen it etc. Midnight hot tub sessions clearly out of order. Realistically I don't think they're going to be asked to remove it, depends on just how loud etc obviously.

As a caveat noise is not my day job I just sit in the middle of the noise team ;) Speak to the contact your councillor has given to you tomorrow. Generally councillor involved complaints tend to get fastracked.

Thanks notmyidea that is really helpful

I am trying to be realistic and accept that In semi detached houses you have to realistically accept a certain amount of noise (and I accept a hell of a lot of noise from them!)

But what they have done with this hot tub is horrendous in my view. It is plonked a meter from my back door, the most intrusive place they could have put it. I appreciate that occasional use is acceptable but when the nose is that bad and close that I have to come inside and shut all doors that must be unreasonable??

The hot tub is literally adjacent to my patio. If the fence wasn’t there then sat on my patio I would be a metre away from them in the hot tub. I could literally hand them a drink.

Anyway I will get onto environmental health tomorrow

They are private house owners by the way

Thanks again for your posts

Good luck with this.
I had a complaint about my neighbours playing loud music. It was only a problem in the summer when their windows were open and my windows were open. (Their window in question is around 1m from mine).

Environmental health booked me in (there was a long wait for the recorder) and duly determined there was a problem. They sent a cease and desist letter to neighbour and told me to let them know if there were any more problems. By this time, the summer had ended and the windows were closed, so there were no more problems until the following year at the same time…

Environmental services said they couldn't act upon the previous year's complaint as it had "expired" and they had to start the whole process again with putting me on the waiting list for the recorder, making new recordings, etc…

I told them to forget it and purchased secondary glazing.

Honestly, having read your balcony saga I would be tempted to move, but I suppose that's not practical.
We had a problem with noise, had recording equipment put in and our complaint was upheld. The noise stopped but it took about 9 months in all, although it was a year round problem, not just summer.
Try your environmental health dept, but don't expect anything to happen in a hurry. You could start keeping a detailed diary of noise though, as this will be the first thing they ask for. If you have already got a few weeks/months of noise details you will be one jump ahead.
I think if it were me I would be retaliating with some noise of my own, but I know that's childish!
Oh, and I also bought a decibel monitor. The council were horrified by the readings I was getting at unreasonable hours. Seemed to spur then on somewhat.

Hi both

Thanks for your posts.

I have thought about moving but I only moved here 6 y are ago. Have spent a fortune on completely renovating the place and have a beautiful home with a back garden that backs into the canal (pic attached from today, taken from my deck chair at bottom of garden). My neighbours were out all day today, my friend came up and it was pure heaven in the sunshine

I feel I have to at least fight them on this.

But I know it won’t be a quick process xx

I know you are a house owner, I was wondering if there are any covenants in your deeds at all, or terms in a lease (if the property is leasehold) which they are breaching? Does your home insurance policy have legal cover with it Morley?

I was wondering if you do have legal cover, perhaps they may be able to give you advice about "quiet enjoyment" and any civil remedies available to you?

Just a thought. I may be way off wack there, so apologies if I am.

I have shitty neighbours so I really do sympathise. But I'm a little shocked you called the police over them using their own hot tub?!

Environmental health will send you --useless- logs, then escalate to installing a sound recorder thing in your home, I'm unsure what happens after that but I presume a legal route if they don't stop being dicks.

Did you know you can take your own action under the environmental protection act? It's actually quite straight forward and because it's a civil case the burden of proof is lower? If you Google it plenty of solicitors and locAl authorities have advice on how to. Its under section 82. Might be worth a look.

Thanks ladies

Isohungy - the only time I have called the police was when I was woken up at midnight and then subject to an hour of horrendously loud noise disturbance. Just the same as people would contact the police for other very late night noise disturbance?

DanPablo - I wasn't aware of that at all, thanks I will have a look later

gilchrist - hadn't thought about that either! Thanks, will look into that

I have this morning sent the first email to environmental health so that ball is rolling

I don’t think the police deal with noise disturbance at all, even after midnight.

In your shoes I think I would just cut my losses and move.

West Yorkshire Police

The problem with involving Environmental Health is that you have to declare it if you do end up selling.

Thanks Likedolphonscanswin

Whilst I regularly consider it I'm not at the stage where I am moving yet.

But what you mention is a concern of mine - having to disclose neighbour disputes. Unfortunately I have had no choice though, have already got the planning dispute with (and that isn't just my dispute - all the local neighbours have objected to their application).