Waltham Forest LBC v Mitoo (Unreported, Div Ct): M was accused of failing to comply with an abatement notice seeking to prevent him from playing music at a level which caused a nuisance. M argued that he had done so in order to drown out the noise of building works. The magistrates found that that burden had not been discharged and found M not guilty.
The court held, allowing the local authority's appeal, that playing music to drown out other noise could not constitute a reasonable excuse for not complying with an abatement notice. One could not create a nuisance to counter a nuisance, causing neighbours to suffer two types of noise. To allow such behaviour to constitute a reasonable excuse and allow the multiplication of noise would be a perversity. (26 May 2016)
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