Livewithit - epetition response
Discussion
Same old gov, same old s
t
“We the undersigned petition the Prime Minister to introduce a green paper proposing ways, that, where complaints have been instigated by resident(s) against a long standing activity (for example, church bells, sports facility, local airfield and similar), and where residence has been taken up since the start of that activity (providing there has been no significant increase in activity), a presumption should be made to protect the continuation of that activity and reject such complaint.”
Details of Petition:
“There are increasing cases of new residents moving into a location, then to complain and campaign against activities that have taken place for many years, especially when such noise would or should have been obvious before choosing to live in the locality. Effectively, I am proposing “Grandfather rights” to well established activities and a presumption of rights to continue. This would typically include moving near to a church, only then to complain about the bells, a playground only then to complain about children screaming or shouting, near a village airfield, then campaigning for its closure, a riding school, objecting to the horses, the noise of sports fans at a local pitch and other such long standing amenities or activities. In addition to the benefits for those who have long enjoyed the facility, such a policy will ensure clarity for those making choices on places to live. Please support this petition to protect long established activities with the presumption, that, providing there is no significant increase, such activities may continue; thereby protecting the traditions and facilities that make the UK such a great place to be.”
Read the Government’s response
It is a statutory requirement of the Environmental Protection Act 1990 that Local Authority Environmental Health departments investigate all complaints relating to alleged statutory nuisances from residents living within their boundaries. During their investigation, the Environmental Health department must determine whether the noise occurring can be considered to be a statutory nuisance.
When reaching a decision as to whether the noise is a statutory nuisance, a variety of factors are taken into consideration, such as, the type of the noise, the frequency and duration of the noise, the loudness of the noise, the general character of the area, sensitivity of the complainant and reasonableness of the activity causing the noise. The determination of each of these issues is carried out by reference to established case law.
Were the changes proposed made to the legislation, a statutory nuisance causing activity, such as a factory or a noisy neighbour, could be allowed to continue to blight an area as they happened to be resident before the complainant. Case law states that this situation cannot be allowed to happen. In relation to the noise sources specifically mentioned, however, it seems unlikely that an Environmental Health department would consider church bells or children playing in a playground to be considered a statutory nuisance as they very well may be considered reasonable for the area.
As the statutory nuisance regime is currently structured, the determination of whether a statutory nuisance exists cannot be made until a qualified representative of an Environmental Health department witnesses the noise. As such, discouraging residents to make complaints relating to noise could be argued to be counterproductive.
It is for these reasons that there are no plans at present to change the law to favour existing noise sources over new residents.
t“We the undersigned petition the Prime Minister to introduce a green paper proposing ways, that, where complaints have been instigated by resident(s) against a long standing activity (for example, church bells, sports facility, local airfield and similar), and where residence has been taken up since the start of that activity (providing there has been no significant increase in activity), a presumption should be made to protect the continuation of that activity and reject such complaint.”
Details of Petition:
“There are increasing cases of new residents moving into a location, then to complain and campaign against activities that have taken place for many years, especially when such noise would or should have been obvious before choosing to live in the locality. Effectively, I am proposing “Grandfather rights” to well established activities and a presumption of rights to continue. This would typically include moving near to a church, only then to complain about the bells, a playground only then to complain about children screaming or shouting, near a village airfield, then campaigning for its closure, a riding school, objecting to the horses, the noise of sports fans at a local pitch and other such long standing amenities or activities. In addition to the benefits for those who have long enjoyed the facility, such a policy will ensure clarity for those making choices on places to live. Please support this petition to protect long established activities with the presumption, that, providing there is no significant increase, such activities may continue; thereby protecting the traditions and facilities that make the UK such a great place to be.”
Read the Government’s response
It is a statutory requirement of the Environmental Protection Act 1990 that Local Authority Environmental Health departments investigate all complaints relating to alleged statutory nuisances from residents living within their boundaries. During their investigation, the Environmental Health department must determine whether the noise occurring can be considered to be a statutory nuisance.
When reaching a decision as to whether the noise is a statutory nuisance, a variety of factors are taken into consideration, such as, the type of the noise, the frequency and duration of the noise, the loudness of the noise, the general character of the area, sensitivity of the complainant and reasonableness of the activity causing the noise. The determination of each of these issues is carried out by reference to established case law.
Were the changes proposed made to the legislation, a statutory nuisance causing activity, such as a factory or a noisy neighbour, could be allowed to continue to blight an area as they happened to be resident before the complainant. Case law states that this situation cannot be allowed to happen. In relation to the noise sources specifically mentioned, however, it seems unlikely that an Environmental Health department would consider church bells or children playing in a playground to be considered a statutory nuisance as they very well may be considered reasonable for the area.
As the statutory nuisance regime is currently structured, the determination of whether a statutory nuisance exists cannot be made until a qualified representative of an Environmental Health department witnesses the noise. As such, discouraging residents to make complaints relating to noise could be argued to be counterproductive.
It is for these reasons that there are no plans at present to change the law to favour existing noise sources over new residents.
It's a shame they couldn't have issued at least some guidance on the subject, and perhaps looked at planning laws to allow some of an exiting nuisane to carry on withn people's covenenants, e.g. if you live next to a church or factory that was there tens of years before your house, you have to accept (to an extent) the existing nuisance. If it were in there then it would be fair, and clear to new buyers what to expect.
Until then, we will probably close another i) racing circuit ii) factory iii) tradition (delete as applicable) until all we have is a country full of new builds. Grrr!
If I was anywhere near it at the moment I would need to take out my decatted small block to make the point!
Until then, we will probably close another i) racing circuit ii) factory iii) tradition (delete as applicable) until all we have is a country full of new builds. Grrr!
If I was anywhere near it at the moment I would need to take out my decatted small block to make the point!
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