My neighbour's new, noisy business

[MrGilmore]

Hi all,
I live in a old terrace house in the centre of a city and have grown accustomed to a certain level of noise you'd expect from the circumstance. Whether that be loud TV's , arguing couples, kids banging and crashing in their rooms and the usual traffic sounds that come with the territory.

Earlier this year I noticed that my neighbour had put up a small tent in his back garden right next to the fence, which was soon followed by a steady stream of people. Some days there would 1 or 2 visits, other days 4 or 5. It turns out that he's set up a some kind of cold bath business which involves people sitting in a barrel, presumably full of ice for some kind of therapeutic purpose (no idea what it's all about, to be honest).

The problem is that everything is quiet one minute, then on comes the music, then the loud talking (despite standing 2 feet away from each other), then comes the cackling women as they laugh at their other halves struggling to cope with the cold, then there's the noisy, bored kids and not the mention the expletives as people are dunked into the cold water. This can happen numerous times during the day and was a complete nightmare during the summer as I obviously spent more time in the garden with windows open etc.

He's now building a more permanent 'shed' seemingly due to roaring trade, which obviously concerns me as this is only likely to get worse.

I will talk to them about this, but want to know the legalities of the situation in case the conversation goes sour. My questions are really about my rights and theirs concerning the constant stream of people in their garden, the noise factor and the legal right to run a noisy business from a shed in their back garden. Where do I stand with this?

Any advice would be greatly appreciated.

Best wishes,

A Gilmore.

[atticus]

A few thoughts:

1. Does the neighbour have/need planning permission to operate a business from this location and/or for the outbuilding? Take this up with planning dept.

2. Might your local authority Environmental Health department be willing to investigate whether there is a 'statutory nuisance'?

2. You appear to have grounds to bring civil action to stop the 'nuisance' (activities affecting your "quiet enjoyment" of your property). Do you have legal expenses insurance cover?

[echat11]

See if what he wants to build is covered by the Party Wall Act 1996.
Probably a bit more then a shed. You need to gather evidence pictures, keep a diary sounds / noise etc.

Health and Safety issues, first aid, etc. Are they carrying out pre-assessments for Health Conditions etc. No doubt it's a new fad.

[MrGilmore]

A few thoughts:

1. Does the neighbour have/need planning permission to operate a business from this location and/or for the outbuilding? Take this up with planning dept.

2. Might your local authority Environmental Health department be willing to investigate whether there is a 'statutory nuisance'?

2. You appear to have grounds to bring civil action to stop the 'nuisance' (activities affecting your "quiet enjoyment" of your property). Do you have legal expenses insurance cover?

Thank you for the response.

1. I'll contact the planning office and see if anything was submitted. It's certainly growing from a simple brick shed roof extension to now being a sloped structure attached to the house. They've also attached an 8x2 beam across the width of the house which seems at the moment to come over my side of the fence. It baffles me that have not said a word about what they're doing.

2. I'll discuss with the EH department and see what they say. I recorded a lot noise over the summer so can provide plenty of examples

3. I always purchase legal cover with my insurance, good to know it could come in handy!

Thanks again. You've given me helpful course of action.

[R0b]

Just to add a point regarding the legal expenses insurance, there is usually a condition that before they will take on your claim, the insurer's panel law firm must have given prospects of success of more than 50%, otherwise they may reject a claim. Some insurers will allow you to obtain a second opinion from another law firm or a barrister's opinion confirming chances of success would exceed 50% but that would be at your cost and isn't always recoverable.

[MrGilmore]

See if what he wants to build is covered by the Part Wall Act 1996.
Probably a bit more then a shed. You need to gather evidence pictures, keep a diary sounds / noise etc.

Health and Safety issues, first aid, etc. Are they carrying out pre-assessments for Health Conditions etc. No doubt it's a new fad.

Thanks, yes I'm keeping a log of all the noise and have been taking photographs of the 'development'. The brick shed in question was pre-existing, but they are building it up with a wooden structure which now seems to be attached to the house. From what I understand, they can't build up more than 2.5 metres which this definitely seems to do. So not only is the 'business' an issue, it seems I now may have to contend with the building issues.

On the positive side, maybe this development will eventually help to keep the noise down, but that might be wishful thinking. Like you say, hopefully it'll just be a short-term 'fad'.

[MrGilmore]

Just to add a point regarding the legal expenses insurance, there is usually a condition that before they will take on your claim, the insurer's panel law firm must have given prospects of success of more than 50%, otherwise they may reject a claim. Some insurers will allow you to obtain a second opinion from another law firm or a barrister's opinion confirming chances of success would exceed 50% but that would be at your cost and isn't always recoverable.

Thanks Rob. I'll keep that in mind

[PallasAthena]

I live in a property that sounds similar to yours and the houses in the terrace each have a covenant prohibiting running a business on the premises (can't remember exact phrasing). Might there be similar covenants where you are that could help?

[MrGilmore]

I live in a property that sounds similar to yours and the houses in the terrace each have a covenant prohibiting running a business on the premises (can't remember exact phrasing). Might there be similar covenants where you are that could help?

I'm not sure if that applies here but will look in to it. Thanks for the suggestion.

[Pezza54]

Planning permission is required to run a business from a home if it is expected that there will be a noticeable increase in the number of visitors. The planners will consider parking problems in the road that may be created.by the new business.
Mr. Gilmore should let his LA planning department know that he is concerned about the potential parking difficulty if planning permission is granted.

[Pezza54]

If a new timber structure such as a conservatory is built attached to a terraced house and extends over 3m from the house, it does not fall under Permitted Development and planning permission is required.
If Mr. Gilmore believes the new structure extends beyond 3m he may be able to carry out a planning application search on his LA website to find out if his neighbour has made an application.