Legal News

Harlow Council’s Environmental Health and legal teams have successfully prosecuted three residents for anti-social behaviour involving noise intrusion this year.

On 1 September 2014, Hannah Bennett of Red Lion Crescent in Harlow was served an Abatement Notice, after neighbours complained to the council about loud music, screaming and shouting at her home.

However, complaints from neighbours were still made to the council after the service of the Abatement Notice. In the early hours of Saturday, 7 March 2015 a council officer witnessed loud music, raised voices, shouting and banging at Ms Bennett’s home.

Legal proceedings were issued against Ms Bennett for breaching the Abatement Notice – and at Chelmsford Magistrates’ Court on 21 May 2015, she was found guilty in her absence. She was fined a total of £1,097 including a fine of £600, costs of £437 and a victim surcharge of £60.

Harlow Council was also forced to prosecute a second resident for noise intrusion, after receiving complaints from residents. Charlotte Lee of Primrose Field in Harlow was at the centre of complaints about loud music, shouting and banging at her property.

Council officers again witnessed the noise and Ms Lee was served an Abatement Notice on 19 February 2015.

However, complaints from neighbours continued and on the evening of Monday, 25 May 2015 an officer witnessed loud music and banging at her property.

Legal proceedings against Ms Lee were issued for breaching the Abatement Notice. She was found guilty in her absence at Chelmsford Magistrates’ Court on 24 August 2015 and received a fine of £73 with costs of £300, a victim surcharge of £20 and court costs of £150 – a total of £543.

The third case of anti-social behaviour involved Robert Goodchild of Felmongers, who was prosecuted after complaints from neighbours concerning loud music being played at his home.

Council officers witnessed the noise and Mr Goodchild was served with an Abatement Notice on 23 February 2015.

The complaints continued after service of the Abatement Notice, however. On the evening of Friday, 10 July 2015, a council officer witnessed loud music being played at 7.40pm – and again just before midnight.

The officer attended again on the evening of Sunday, 12 July 2015 at just after 10pm and witnessed loud music.
Following these visits, the Environmental Health Team made an application to Chelmsford Magistrates’ Court for a warrant to enter the premises and remove all noise-making equipment. The warrant was executed on 20 July 2015 by Environmental Health Officers and Essex Police.

Legal proceedings against Mr Goodchild for breaching the Abatement Notice were issued – and, in addition, an application for a forfeiture order to remove the equipment causing the noise intrusion was made.

Mr Goodchild was found guilty in his absence at Chelmsford Magistrates’ Court on 10 September 2015 and received fines totalling £1,000 for the three noise offences committed, with costs of £1,119.62, a victim surcharge of £40 and court costs of £150. The total cost came to £2,309.62.

Harlow Council was also granted the forfeiture order to remove his sound system.

Harlow Council’s Portfolio Holder for Environment, Councillor Mark Wilkinson, said:

“This is excellent news and a great result for the Environmental Health and legal teams.

“I’d like to say well done to all involved in bringing these prosecutions to a successful conclusion.

“It’s unfortunate that legal action has had to be taken, as we do try to resolve noise complaints informally where possible; however, as community leaders, we must help maintain a safe, healthy environment for our residents and those visiting town. This includes ensuring that noise doesn’t cause distress.

“Hopefully this action will help improve the lives of the residents affected by this noise nuisance.”

Duncan Lewis Housing Solicitors

Duncan Lewis can advise on a wide range of housing matters – including legal advice on how to tackle problems of anti-social behaviour, nuisance, noise intrusion and harassment in social housing or private housing.

There are Duncan Lewis offices nationwide – and where a client is not eligible for Legal Aid to fund a housing matter, Duncan Lewis offers competitively priced fixed fees, whenever possible.

For expert legal advice on housing law – including anti-social behaviour and nuisance – call Duncan Lewis housing solicitors on 020 7923 4020.