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Why Choose CFA?

Just as one man’s food is another man’s poison, one man’s music is another man’s noise!  This might be quite literal, in that your 25,000 Watt PA system is pumping out dance music to your busy night-club, but that music is driving your neighbours mad.  The whining of your dust extract cyclone might be music to your ears, a gentle reminder in the background that your factory is in full production, but it might be annoying everyone else in the area.

We have worked on complaints about noise from many weird and wonderful sources, from fish farms to laundries, ships to dogs.  The sources of noise which occur most frequently are, however, music from pubs and night-clubs, mechanical services plant, heavy goods vehicles, delivery depots and distribution centres, restaurants, metal and wood working factories, chemical and food processing plants.

Environmental Health Officers & Statutory Law:
Most noise nuisance complaints come from private individuals, and so are taken up by local authority environmental health officers on their behalf.  Most of our work in this field is commissioned by the business, in response to action being taken against it by the environmental health officer.  We then advise the business on how to reduce the noise by the amount required by the officer.  If appropriate, we will contest the reduction required, or even the entire action.

Common Law:
As mentioned above, most complaints come from private individuals and are taken by environmental health officers.  Environmental health officers do not generally take up complaints of nuisance made by a business.  Sometimes, they will refuse to pursue a complaint, either because they do not deem the noise great enough to constitute a nuisance, or for political reasons.  In these situations the compliant can be pursued under common law.  This involves one party taking legal action to try and stop the other making the noise.  The matter is usually resolved by the lawyers, but occasionally will go to proof in the Sheriff Court, or even the Court of Session.  These are rare, however, in comparison to ones involving environmental health officers.

Vibration Nuisance:
We do not often get involved in cases of vibration nuisance, but have consulted on ones involving traffic and buses.

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© Charlie Fleming Associates 2006
5 Saltpans, Charlestown, Fife, KY11 3EB
01383 872 872 | Fax: 01383 872 871 | Email: cf@charliefleming.co.uk
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