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Court upholds Noise Abatement Notice

A court has dismissed an appeal against Borough of Poole's decision to issue a Noise Abatement Notice on a residential property in Poole used as a party house.

Borough of Poole issued a Noise Abatement Notice on 1 April 2014 against Ms Michelle King, trading as Deluxe Holiday Homes, for breach of noise regulations at a property in Elmstead Road, Canford Cliffs. Ms King appealed against this decision on the grounds of whether she could be held to be the ‘responsible’ person under the Environmental Protection Act 1990. She claimed that in this case, the Notice should have been served on the individuals renting the property and who were the cause of the disturbance.

On 8 December 2014 at Bournemouth Magistrates Court, District Judge Stephen Nicholls dismissed the appeal indicating that the appellant had accepted that a nuisance had occurred at the property. He also found that the Notice had been properly served and that he preferred the contentions made on behalf of the Defendant Local Authority at the full hearing on 1 December 2014.

Jeff Morley, Regulatory Team Manager, Borough of Poole, said: “We are pleased the court has supported the action we have taken and upheld the Noise Abatement Notice. It was important for the court to clarify the legal definition of a ‘responsible’ person.”

Councillor Xena Dion, Cabinet Portfolio Holder for the Environment, Borough of Poole, said: “We are truly pleased with this decision. The Council takes the issue of noise disturbance very seriously as it is extremely distressing for neighbours. This case, in particular, has caused a huge amount of distress to local residents and officers have dedicated a significant amount of effort to resolve it. The court’s verdict means we can now continue using this legislation to tackle any similar incidents in the future.”