Melton Borough Council

Building works result in prosecution by Melton Borough Council

Published Tuesday, 15th January 2019

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Melton Borough Council has successfully prosecuted a Mr Christopher Rose ( 30) of Melton Mowbray for breaching a Control of Pollution Act Notice that restricted works to his property to certain times and days.

Complaints were received by the Council’s Environmental Health team in respect of the noise disruption caused from Mr Rose’s building works to his property during unsocial hours.

Melton Borough Council recognises that DIY and construction are inherently noisy and neighbours will inevitably experience some noise from time to time.  However, this would normally occur during daytime hours where in the impact of the noise is at its lowest.  In this instance, working was occurring late into the evenings, weekends and bank holidays. 

Leader of the Council, Joe Orson said: “I would like to thank the Melton residents who provided evidence and helped secure a successful prosecution for the Council.  Melton Borough Council is clear in its conviction – where appropriate it will act to protect public health and the welfare of its residents.   The Council takes enforcement very seriously and officers will prosecute where there have been failures to comply with notices.  This is a good result for the Council helping residents of the Borough.”

An informal arrangement to abate the nuisance caused proved unsuccessful which resulted in the Council serving a Notice requiring the building works to be carried out only between the hours of 07:00 and 19:00 Monday to Friday and between the hours 08:00 and 13:00 on Saturday and at no time on Sundays, Public Holidays and Bank Holidays.  These working times allow housebuilders and those carrying out DIY jobs a generous 12 hours per day in the week and 5 hours at the weekend, a total of 65 hours per week.  Conversely they offer neighbours some respite at key times where there is a greater expectation of residential amenity and family life. Mr Rose breached the notice on 20 occasions between June 2018 and July 2018.  The Council prosecuted Mr Rose for breaching the notice and Mr Rose plead guilty to the 20 charges.

The case was heard by Leicester Magistrates Court on 02 January 2019.  The Bench concluded that Mr Rose was clearly in breach and should have taken responsibility to ensure compliance with the notice.

Mr Rose was fined £300.00 and ordered to pay the Council’s legal costs in the sum £300.00 together with a victim’s surcharge of £30.00.  

 

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For more information please contact:

Hazel Paterson - Communications Officer

Melton Borough Council

hpaterson@melton.gov.uk

01664 504294