Case Study

What a 'Moosance'!

17th July 2018

What a 'Moosance'!

Noise nuisance can be a real ‘Moosance’! Higgs’ Property Litigation expert Nyree Applegarth looks at a recent case involving a herd of cows disturbing their neighbours.

"A seemingly amusing report (though possibly not for those involved) appeared in the press recently involving a herd of noisy cows disturbing their neighbour’s sleep.

It appears the cows have taken up residence in a barn that originally only had planning permission for use as a hay barn, but as Leeds Council have granted permission for the barn to be used for livestock it is now home to a 100 strong herd.

The residential neighbours are complaining of being woken up when the cows decide dawn has broken by their alleged loud mooing noise and the council has now agreed to monitor the noise for a one year period.

The situation is unusual as it involves a change of use for the barn, but is a classic example of how noise from neighbours, even livestock, can blight enjoyment of a home. The law can step in and help people who are suffering from noise nuisance and in extreme cases grant an injunction to stop the nuisance from recurring or order the offending party to pay substantial damages.

This situation follows a recent decision in the Fouladi case, where a homeowner was ordered to undertake substantial works to their flat to sound proof it and prevent the tenant below from the perpetual noise disturbance. The homeowner was also required to pay £100k in damages. Each case highlights the fact that whether you live in the heart of the city or the middle of the countryside, the issue of noise nuisance is never too far away."



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