Noise/ Vibration

[vixpy1]

One of my Neighbors on my industrial estate is having a right moan about noise and vibration from my premises. There is no residential areas around and i am working to reduce both, but where do i stand legally?

[billynomates]

Not that nasty guy Paul again is it?

Dont be too hard on him ...hes a potential TIV owner

[vixpy1]

billynomates said:

Not that nasty guy Paul again is it? Dont be too hard on him ...hes a potential TIV owner

No, Paul does'nt care. Its the TW%T the other side!

[billynomates]

vixpy1 said:

billynomates said: Not that nasty guy Paul again is it? Dont be too hard on him ...hes a potential TIV owner No, Paul does'nt care. Its the TW%T the other side!

Yeah but he likes TIVs as well

Hes also a Prat

[wolf1]

Is it not an Industrial estate?
Do you work weird antisocial hours?
Will he moan his behind off no matter what you do?

[vixpy1]

Is it not an Industrial estate?

Yep

Do you work weird antisocial hours?

Sometimes, but there is not a person around when i do! He only works office hours

Will he moan his behind off no matter what you do?

I think so!



>> Edited by vixpy1 on Tuesday 23 November 19:53

[Pistonfest]

Some useful info here:
www.hse.gov.uk/pubns/indg362.pdf

[mutt k]

Have a check in your lease, assuming you lease rather than own, or the planning consent for your unit to see exactly what the permitted use is. If you are permitted to use the building within Use Classes B1(business) or B2 (general industrial use) of the Town & Country Planning (Use Classes) Order 1987, there is not very much he can do about it.

[thepeoplespal]

Would be worth investigating having your wall dry lined (or something like that)to deaden the sound, those concrete blocks in your profile are not the best at deadening sound.

Would work better if you could come to an arrangement, but I'm not sure there is a lot he could do.

[vixpy1]

mutt k said:

Have a check in your lease, assuming you lease rather than own, or the planning consent for your unit to see exactly what the permitted use is. If you are permitted to use the building within Use Classes B1(business) or B2 (general industrial use) of the Town & Country Planning (Use Classes) Order 1987, there is not very much he can do about it.

I've checked the lease, and its B1 use. The nearest residential is about 1 mile away, and no other tennant has complained.

[mutt k]

Well, if your landlord is happy, and you are using the unit within the terms of the permitted planning consent, you could tell your neighbour to bog off. You might want to be slightly more diplomatic than that for a quiet life though!

[maddog-uk]

Happy to bring down my tamora if you really want to annoy him! Always wanted to put it on a rolling road and find out its vital stats!

[vixpy1]

maddog-uk said:

Happy to bring down my tamora if you really want to annoy him! Always wanted to put it on a rolling road and find out its vital stats!

YHM maddog.

[Davel]

Is your neighbour also a tenant of the same landlord because, if so, there could be an arguement that you are preventing him from 'quiet enjoyment' of his unit.

Is he over-reacting or do you have a noise problem?

If you do, is it through the walls etc or vibrations through the floors etc?

If in doubt, talk to your local council or HSE and see what they think.

The guy may well be an absolute pain but it's always worth trying to get on together, if you possibly can, or he'll be ringing the council or HSE at every opportunity.

[vixpy1]

Its possible, we do create ALOT of noise, but its only for a couple of seconds at a time.

I'm getting a friend who is a sound engineer to try and advice on the sound situation.

[mutt k]

Davel said:

Is your neighbour also a tenant of the same landlord because, if so, there could be an arguement that you are preventing him from 'quiet enjoyment' of his unit. Is he over-reacting or do you have a noise problem? If you do, is it through the walls etc or vibrations through the floors etc? If in doubt, talk to your local council or HSE and see what they think. The guy may well be an absolute pain but it's always worth trying to get on together, if you possibly can, or he'll be ringing the council or HSE at every opportunity.

Davel, I could be wrong here as I have never had to argue the point, but doesn't "quiet enjoyment" refer to Title rather than actual "peace and quiet". Any legal eagles looking in?

[Davel]

It probably means both.

If he can argue that you are upsetting his daily business operations by some 'nuisance' factor, such as noise, then he may be able to tackle you on this.

I don't know how noisy your operation is but if say it affecting his people whilst on the phone, or in some other manner, then he may be able to take it further somehow.

I'm no legal expert either.