New Housing development construction still ongoing after 2.5 years

[Coffeetime45]

Hi, I have lived within metres of a new housing development for 2.5 years, and they are still doing significant work next to my house. I have been unable to use the garden due to the noise and dust and workers looking into my garden from the scaffolding. It is affecting our health and state of mind. What i would like to know is how long is too long? They are only building 130 houses and it has been going on for ever, they haven't even started building the properties next to me yet. I have had constant arguments with the council and the builders due to the dust, deliveries at 6am, workers urinating in plane site, loud radios, a construction base situated metres from my home amongst other things. We cannot sell at the moment and cannot afford to rent somewhere else. I have complained to the enviroment agency, the builders told them they would build the houses next to us first, to minimise the noise, but they didn't. The buildering company lie to the council the MP and everyone I seek help with. I paid for a solicitor to contact them and try and arrange a face to face to resolve issues but they refused. How long is reasonable to live next to this and when can you is it classed as something i can take action over? We were told the disruption to neighbours would be minimal this is not the case.

[des8]

Not nice... an understatement.

Have you seen the planning permission?
Often times of work are stated, mitigation methods are detailed (eg water spraying to minimise dust), noise levels stipulated and even the use of radios banned etc.

If planning has not been conditioned you could take action in the courts i.e. apply for an injunction to stop the nuisance(s)

[Coffeetime45]

The local council use discretion with regard to enforcement and so far have done nothing. When I spoke to a solicitor they quoted £30k to take action. No one is going to stop a housing development, but there should be a time-limit to disruption

[des8]

Have you requested support from your local councillor?

Have you kept a diary of incidents/times of starting & ceasing work?
Do you have a sound level meter? (available for a few pounds on internet)

If the council aren't taking action, and if you have the evidence, you could initiate a civil action for loss of amenity etc.
You might find this case thought provoking: Jones & another v Ruth & another (Court of Appeal 12 July 2011)

[Coffeetime45]

Hi I have requested support from my local MP, and all the local councillors, they have visited my home and are aware of what i am living with, the MP has wrote to the builders, but nothing has changed. I have a diary of all incidents going back 2 years with video footage. In order to instigate a civil action I would need significant funds to do that, I have spent £3k already on letters to the developer asking them to be considerate and requesting a meeting, that have been ignored. The solicitor advised me if i wanted to take civil action i would need between £30k to £60k for fees and it was unlikely I would win.
What makes matters worse is I have been threaten by the developers that if i cause trouble they will not gift the small buffer of land between my house and the new development (4 metres) and put a management contract in.

[des8]

Can't comment on the chances of a win, but there are two actions you can initiate:

1)you can complain about a nuisance problem direct to the Magistrates Court under section 82 of the Environmental Protection Act 1990. The Magistrates Court will need to be persuaded that the nuisance problem amounts to a statutory nuisance.


2)You can take civil action for noise nuisance at common law by seeking either an injunction to restrain the defendant from continuing the nuisance and/or by issuing a claim for damages or loss.