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Has anyone had any experience of appealing a noise abatement notice issued by the Local Authority ?
No, but this sounds interesting...
Yes, it’s very difficult, been on both side of the fence through to Crown court level, costs for the loosing side on that one were around £250,000.
Best bet is if there is a defect in the notice, or if a business are using Best Practicable Means (BPM) to not cause a nuisance.
Be very careful as to what legal advice you get as nuisance is a very contradictory area of law, and there are not many solicitors or barristers who have meaningful experience, but they are out there.
If you can give a bit more info that would help.
rt60 - Will obviously be a bit economical with details on a public forum, but one may be issued to me for a series of 5 events over a 12 month period (permitted under TEN) which I have some involvement in. An order has already been issued to one of the other event organisers, based, as far as we are aware, by a single complaint of noise by a local resident. - We understand the complainant may have some 'involvement' with the LA and consider the previous order was issued prematurely, perhaps under duress.
I should clarify I am not a lawyer but any an ex EHO now work as an acoustic consultant, specialise in event noise. 5 in 12 months doesn’t sound excessive, especially if not late, and whilst no defence the fact that they have not objected to the TEN’s doesn’t help their case.
Unfortunately we a have seen a lot more overzealous reactions over the last few years, as the experienced staff have had enough of the cuts and walked, leaving junior staff out of their depth.
Feel free to PM me, happy to have a chat.
Cheers. Small gigs with music ending at 23.00 in a town centre location !! We may go down the route of formal noise impact assessments, so I may be in touch. What sort of size is your Consultancy ?
Ok that does sound a little over the top, but obviously the details are key.
Company is Joynes Nash Ltd, We are fairly big in the event noise side of things, do about 100 festival and outdoor events a year from 300 - 300,000 people.
Venues we look after include Donington Park Raceway, Printworks London, Tobacco Dock London, Rainbow Venues Birmingham, Canal Mills Leeds, Bowlers Manchester.
Happy to have a chat through the issues, often possible to resolve with out going for full assessments etc.