[News] Moving next to a venue...and then making a noise complaint

[Badger]

The BBC have been covering this well. One of the arguments is that the developers built it to a low spec which should not have been granted permission next to a music venue. https://www.bbc.co.uk/news/uk-england-manchester-63793296

This reminds me of the building my ex lives in. It's a new build over an outdoor part of the subway line, with a maintenance depot. Some of the residents tried to lodge a complaint to the TTC (who run the subway) to try and get them to stop doing maintenance work at weekends. The response of the TTC was along the lines of: "No. We were here 40 years before you and we told the developers they might want to install triple glazing in the building".

 

[jakarta]

Grew up near Oulton Park motor racing circuit which is situated in rural Cheshire, which started up Post war. No-one was fussed at the time.

As the 1970's progessed there started to be complaints about the noise.

Surprise, surprise it was from newcomers who presumably didn't think motor racing made any noise.

 

[drew]

Please see post above yours - I worked in conveyancing for some years and I can tell you categorically, it is nothing to do with Estate Agents, they just want to sell or let the property

Caveat Emptor

“Let the Buyer Beware!’

This legal principle applied to all CONTRACTUAL purchases. Imposes the obligation on the purchaser to find out everything they need to know before buying the property.

Which is basically what everyone here is saying in various ways.

Don't think it's quite as simple at that. Yes, the buyer needs to make the necessary checks (through their solicitor but also surely walking around the area you're buying in) but the seller needs to complete a property information form which should include any issues they are aware of. Of course they might have not been concerned with the noise and therefore saw no issue. My view would be the court should tell the complainant to get stuffed and next time do their checks properly.

 

[BN41Albion]

You have to wonder about the Estate agents, cowboy charlatans who sold a property during lockdown knowing there would be no noise complaints in this time and that it would only be a problem once things return to normal?

Surely this is like getting a flat overlooking a railway line then complaining about trains coming through?

Even if this was the case (re the estate agents), anyone with even the tiniest bit of common sense would know that moving to a very busy road in a major city centre next to an established venue was going to be noisy. It pisses me off so much when I read this type of shit - these sort of complaints shouldn't get anywhere, as in other countries like others have mentioned. It really annoys me that they do in this country!

 

[Motogull]

Motorsport venues suffer too. Brands Hatch has silly restrictions yet it is older than the surrounding houses. I hate kunnts that complain in that setting.

 

[el punal]

I think the Free Butt got closed because people in the new developments nearby complained. But yes, people who do this are complete tossers.

Ah! The Free Butt. One monumental Sunday evening I was in a lads drinking competition - how many Carlsberg Special Brews could you drink in one hour. I remember knocking back six but was told later, much, much later that I’d polished off nine. I was so wrecked that I tried to have a piss in the lounge of our shared house, thinking it was the bog.
One of the other hombres who took part in the ‘competition’ was found a day later crashed out on a park bench.

The things we did in our yoof!

 

[The Clamp]

Looking forward to all the tears when the people moving into all the Benidorm flats going up along by Shoreham harbour realise that metal recycling plants, steel works, aggregate plants etc all make a shit tonne of noise, some of which operate 24hrs. Not to mention the ones being built with the Victoria line in their back garden

 

[jackanada]

My favourite was a man leaning out of his flat window above the coop (Webb's Stores) complaining about the noise and smell from deliveries.

 

[The Clamp]

This is exactly what the Duke of Wellington pub in Shoreham is up against. They have had live music there going back to when Roy Chuter was the landlord. They are concerned that their live music legacy could be threatened by a new residential block which could be built next door. They fear the new neighbours could complain about the noise from the pub, talk about the tail wagging the dog. This was back in 2020 so not sure what the outcome was.


https://www.theargus.co.uk/news/18241889.fatboy-slim-rocks-pub-protect-live-music/

The building is going ahead and it's going to be a monstrosity.

 

[Zeberdi]

Don't think it's quite as simple at that. Yes, the buyer needs to make the necessary checks (through their solicitor but also surely walking around the area you're buying in) but the seller needs to complete a property information form which should include any issues they are aware of. Of course they might have not been concerned with the noise and therefore saw no issue. My view would be the court should tell the complainant to get stuffed and next time do their checks properly.

You obviously didn’t read post #23 and only quoted my later post!

The purchaser’s Surveyor should also highlight any potential noise issues - in this case a nightclub that had a foreseeable chance of causing noise intrusion once it re-opened. The Vendor must also disclose any existing complaints or discussions relating to the property or any properties nearby or run the risk being sued for Misrepresentation.

I also said they would have little redress by the courts (unless the venues were in breach of their existing licensing conditions which already impose strict regulations and as such guilty of a Statutory or Public offence)

People that move next to churches, venues, pubs etc must expect a certain amount of noise and will have little address if they are the only people being effected and the Licensing Registers including any applications are publicly accessible so as others have said, do the research before buying or renting a new property!

And as previously stated, I was a paralegal for a Property & Conveyance Solicitor (and have LLB after my name so know a little law ) So I know it’s not simply a case of Buyer Beware but the Buyer should take it upon themselves to still ask the all the necessary questions in addition to the what’s on the Seller’s Property Information form (which by the way is NOT part of the Contract of Sale but only pre-contractual enquiries) otherwise if it turns out the vendor hasn’t disclosed information, you would be stuck not only with the nuisance noise, (or whatever) once you’d moved in and a very expensive lawsuit trying to sue him/her for misrepresentation!

 

[The Clamp]

 

[Psychobilly freakout]

View attachment 154288

Please tell me that was the developers architects drawing submitted to the local council, please…

 

[The Clamp]

Please tell me that was the developers architects drawing submitted to the local council, please…

Not sure who drew that up. Pretty shonky!

It shows how much higher the building is than St Mary’s spire.

I mainly used it to demonstrate how it is going to dwarf the Welly. Sad times for Shoreham.

The raping of the shire.

 

[Zeberdi]

The building is going ahead and it's going to be a monstrosity.

Geez, it’s horrendous - the Duke of Wellie should sue them for overlooking - loss of privacy, loss of light, overshadowing (and loss of business due to the fact the Pub is practically hidden from view! )

 

[DavidinSouthampton]

boils my piss people do this. move to city centre and complain about the noise, move to the country and complain about the smell.

There was a case once of someone moving to next to a farm and complaining officially about being woken up by the cock crowing.

 

[Lenny Rider]

On a much smaller scale we had it at Worthing Football Club, playing St Neots in a cup replay and it was a cauldron of emotion, with the Rebels attacking the West end of the ground the home fans were at that end banging the metal fence, making a lot of noise.
At the time I was a Club Director, and on this busy night working behind the bar, the phone rang….
”It’s Mrs xxxx from St Elmo Road here, can you ask them to stop banging the fence and making noise, Im trying to watch Holby City”

I took the time and trouble to ring her the following day, to see if we could find a way forward, as keeping the neighbours around Woodside Road was important.

She went off on one from the start, too much noise on match days, with the installation of the 3G pitch the floodlights on every night. I placated as best I could but was on the verge of ringing the Guinness Book of Records as she’d clearly lived in that house since the early 1900’s when Worthing FC acquired the ground, and would have been the oldest woman in the UK!

The bottom line is she knew there was a football ground there when she bought the house, so couldn’t really complain, but like many others before and after her, she DID

 

[Herr Tubthumper]

There was a well publicised case of this over here a few years ago. A developer build a number of swanky apartment blocks in the land close to a long established music venue called Columbiahalle. The apartments filled up with, it seems, wealthy professional types who had moved to the city attracted by the cool shabby chic of the capital city and the relatively cheap prices. Sadly when they all started living here they realised it wasnt cool, and a bit too shabby, and started complaining about everything.

A group, led by a lawyer from Munich, started proceedings against the venue. The venue won and also ended up gaining some sort of cultural heritage protection which not only protects them from the neighbours but gives them tax breaks.

On the flip, I also knew someone, friend of a friend of a friend, who owned a semi-legal ramshackle club down by the river in Kreuzberg. A nearby squat complained about noise and had their complaint upheld; the owner was equally frustrated and amused by the whole episode.

 

[Herr Tubthumper]

this was certainly my memory. They built a load of flats next door and the complaints started flooding in

My wedding reception was one of the last events held at the Freebutt. Very very sad that it had to shut down.

 

[mikeyjh]

Going against the grain a little but I'm definitely someone who can't stand noise pollution (yet I play music very loud!), if they've installed £11k of sound proofing yet can still hear the lyrics to "Sweet Dreams", that's effing loud. I'm also surprised that a 'vital organ of culture' was playing "Sweet Dreams" in the early hours....

 

[levs]

I'm probably going to get some vitriol but we moved next to a social club which has music on Saturday nights. We knew this when we bought the property so expected some level of noise, and most nights we hardly notice it. However, there are some nights when the noise is excessive particularly when the doors are left open in the summer and sometimes people are shouting, swearing and fighting outside in the smoking area, which is not far from our daughters bedroom window. Those are times when we have given them a call and politely asked that they shut the doors or ask people outside to be a little quieter, sometimes we are told to f*** off and they hang up the phone. But I don't think it's unreasonable to request some adjustments to be respectful of the surrounding neighbours.

I wouldn't want the place closed down, but I am aware that there are times when they have breached their licence agreement and had music still going past the agreed time. I don't know about other neighbours but if they don't want complaints leading to the council investigating whether they are in breach of their licence, then maybe they should be a little more respectful when asked to make minor adjustments. We haven't made a complaint to the council btw, I'm just saying that other neighbours may do if they receive the same treatment we have.