Coulsdon man taking neighbour to court over noise coming from swimming pool
A DISGRUNTLED neighbour is taking the man next door to court over the noise coming from his swimming pool.
Ian Winston, of Woodplace Lane, Coulsdon, is prosecuting Keith Bradford under the Environmental Protection Act for a "noise nuisance" caused by pool equipment.
He claims to have measured 58 decibels of sound – about the level of normal conversation – from inside the detached house just metres away.
But Mr Bradford has dismissed any noise as a "slight humming", adding the row began with a disagreement over a barking dog.
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The pair appeared side by side at Croydon Magistrates' Court on Tuesday, when Mr Bradford confirmed he will be contesting the civil case.
Warned he would have to prove the offence to a "criminal standard", Mr Winston said: "I have correspondence from him which I believe proves there was a nuisance and he was aware of it.
"I have measurements of the noise. I have taken my own readings from inside the house; 58 decibels.
"My understanding is there is not a threshold level for nuisance – it is just a nuisance that interferes with your way of life and my enjoying my home.
"It does not have to be a specific level, it is just a nuisance."
Countering that there was "a noise from any property", Mr Bradford said: "Mr Winston refuses to put up a fence. I have got a noise because of his dog, which is what started all this off.
"The noise level is not anywhere near – and it has been assessed by Croydon Council – it is not anywhere near a nuisance level.
"That is what they have said to me."
Speaking after Tuesday's hearing, Mr Bradford said he thought the case was sparked by his complaints about Mr Winston's dog.
He said: "I complained about his dog because it was barking and coming onto my garden and my lawn.
"Then, because I have the pool, he complained about that.
"There is an acceptable noise level the World Health Organisation sets, but the council said it is nowhere near that."
Mr Bradford will face trial at Croydon Magistrates' Court on March 8.
He could be issued with a court order if the case against him is proven.
4 Comments
by LAFANTASTICA
Sunday, January 27 2013, 9:07PM
“It depends on the noise. Our little houses in Selsdon Vale are like little boxes. We used to hear our former neighbour's radio alarm and central heating come on in the morning, as well as the only time they ever had sex! That never bothered ys. The family who now live next door have three lovely kids and they are not noisy. Down below, however, is another kettle of fish. Last year they had a marquee in their back garden and amplifiers inside the marquee. The music at that party was deafening. So there are different levels of noise. Saturday of last week they had another party outside in the back garden and the screaming, shouting and four letter words just went on and on!”
by Chris_Wilcox
Sunday, January 27 2013, 6:11PM
“Some neighbours are that iffy about noise. Unless you live in utter silence they can really get a grouch on.
No idea on this one. We'll have to see what the judge says when stuff is checked.”
by LAFANTASTICA
Sunday, January 27 2013, 3:36PM
“Don't be so silly. It is obvious from the article that the noise was excessive.”
by nickthompson
Sunday, January 27 2013, 10:15AM
“I believe Keith Bradford is being unreasonable,of course he should not splash about in his pool,and any visitors (especially children) should be instructed not to jumpi in,but to enter the pool by the steps,and once in should not talk,or indeed move.”