"I am writing to inform you that, following complaints of excessive barking, etc, from the dogs at "Firview", monitoring of this noise has been carried out recently. The monitoring includes the tape recording of the noise in question, and although I am at present not satisfied of the existence of a Statutory Nuisance, the recordings do indicate that there is some basis for the complaints that have been received. Should the problem continue and the Council feels that the noise does constitute a Statutory Nuisance, it will have no choice but to serve upon you an Abatement Notice requiring steps to be taken to prevent excessive noise from the animals. Failure to comply with such a notice would be an offence which may result in prosecution. I would therefore advise you to take all practical steps to prevent the animals from making excessive noise, especially at night."
"Thus it was that in April a nuisance had been continuing from about 27th November. It was, however, diminishing as time went on and I find that as a fact. The plaintiff and his family were, therefore, subjected to sustained and prolonged noise nuisance from the activities carried out by the defendants from the land of the first defendant for many months. The noise greatly exceeded what was reasonable, even allowing for the fact that this was a rural location with other agricultural noises emanating from other establishments and also the fact that Firview had been previously used for purposes with the kennelling of dogs over many years, maybe in excess of 40. The complaints by the plaintiff and his family are justified both in terms of extent and duration."
"The fact is, however, that the barking of the dogs was noxious for many months. I find that the defendants, and each of them, failed properly to control the dogs that were within Firview and, as I have said, it is no defence that the animals needed time to settle down following a move from Sussex. The barking and the disturbance went on for far too long to enable them to succeed in an argument that the nuisance was temporary only and did not amount to the tort. By reason of the lack of control I am satisfied that the plaintiff's enjoyment of his land was disturbed and that annoyance was caused to him and to his family in the exercise and enjoyment of his land."
"I find that the dogs had settled by about 28 days after the defendants had put in place the measures that they took following the service of the statutory nuisance notice but that, of course, is with the benefit of hindsight."
"The fact is, however, that by about May 1996, with the benefit of hindsight, I find that the defendants had got their dogs under control even though there was some noise emanating if it reduced from the level of being a nuisance to being an inconvenience but not a nuisance in terms of the tort."
"... following the service of the Abatement Notice underS80 of the Environmental Protection Act 1990 I am of the opinion (from the limited evidence I possess) that there is less noise from the dogs at the above [premises] than previously.
"Mrs Symonds has a licence to use the land for breeding up to fifteen bitches and she plans to board up to six dogs. Mr Anderson plans to operate a business from the premises of grooming and clipping dogs and the evidence is that he has received a grant in connection with that. Unless I prevent by injunction, therefore, it is likely that strange dogs will be introduced on to the premises with a degree of frequency and that at least was one of the causes of the problems in the past.