aid it was fine.
Mrs Smith, who lives in a 800,000 house, went to court hoping magistrate
s would order her neighbour to turn off his filtration system. But her case was thrown out after a three-hour trial when the cour
t said her claim was unnecessary.
Noise claim: Soroush Ebrahim who has the pond at his property (Image: SWNS) Mrs Smith represented herself in court and called her husband Simon as her only witness. She told magistrates in Chelmsford, Essex: The noise is intolerable and the feature is left on 24 hours a day, even when he goes on holiday. Read more:Armed police called out
as neighbours argue over a smelly wheelie bin Our request is simple and entirely reasonable. We would even be happy for the feature to just be boxed in so the noise is directed away from our patio. Even when I let my dog out for a wee in the middle of the night I can hear it going. Its not specifically the noise levels that matter, but how the noise af
fects the enjoyment of ones own property that determines whether a nuisance exists. The noise never goes away and destroys any pleasure we previously enjoyed from our garden. Claims: Neighbours have said th
e noise from the water feature on the pond is ruining their lives (Image: SWNS) My son cannot leave h
is window open in the summer and weve even offered to fix the problem ourselves. The dispute centered on the noise caused by water that runs from a hose into Mr Ebrahimis kidney-shaped, 20 m x 10 m pond in sleepy Little Baddow, Essex. The water feature has been recorded in deeds to Mr Ebrahimis 500,000 house since 1894 and lies 25 metres from Mrs Smiths boundary fence next door. Mrs Smith went to court hoping to get an order that would prevent Mr Ebrahimi, 67, from having the pond filtration system turned on all day. Mr Ebrahimi moved into his house in 2011, just months before the Smiths, and restored the pond in September 2013. The noise complaints began the following year. A Chelmsford City council environmental protection officer visited the pond in May 2014 to measure the decibel levels. The visited came after the Smiths claimed they had hit a brick wall in negotiations with Mr Ebrahimi but the officer said the noise did not constitute a statutory nuisance. Thrown out: Chelmsford magistrates court have dismissed the claims (Image: PA) Nick Ham, defending Mr Ebrahimi, said: The pip
e was installed to deal with algae as the pond was becoming odorous, which in itself can als
o be a statutory nuisance. Mr Ebrahimi has consulted with pond experts about putting plants in his p
ond to deal with the algae rather than the pipe, but was told that because the pond is surrounded by 30-odd trees, the plants would not get enough sunlight to perform the natural chemical reaction. The noise from the pipe was found to be around 40 decibels, which is the same level as a refrigerator or quiet speech; he has done all that has been asked of him at every turn and has rightfully sought legal help to defend his name. The Smiths are simply o
versensitive to this issue. As well as her own hefty fees to take the case to court, Mrs Smith was also ordered to pay her neighbours legal costs. She failed to gain the order to abate or prohibit a statutory nuisance under the Environmental Protection Act 1990, namely for the noise emitted from a pond within the garden in respect of premises at Foxgloves, The Ridge. The magistrates found Mr Ebrahimi not guilty of being responsible for a statutory nuisance. Mr and Mrs Smith have 28 days to pay Mr Ebrahimis legal costs in full. The amount was not disclosed.