Water fountain nuisance challenge

We acted for the Applicants who brought statutory nuisance proceedings against their neighbour in relation to a noise nuisance arising from the operation of a large water fountain installed in a pond at the neighbour’s property. It was alleged that the operation of the water fountain was unreasonable and materially interfered with our clients’ ability to use their home, garden and other amenity spaces.

The fountain in question had been in operation for several years and generated a continuous loud noise when in use, akin to someone turning on a shower and leaving it running for hours on end. When the fountain was in operation, a large column of water circa 3+ metres high was ejected from its base. The noise during the daytime was constant, and occurred all year round (including weekdays, weekends, and Bank Holidays), leaving our clients no respite from the fountain noise when it was in operation.

Our clients obtained expert evidence from an acoustic expert that corroborated their complaints that the noise from the water fountain was an unreasonable and exceptional intrusion that most normal, reasonable people within the community would not find tolerable. The acoustic expert evidence concluded that there was a stark rise in noise level caused by the water fountain when it was in operation, and that the fountain changed the sound environment of the locality in a major way.

Statutory nuisance proceedings were commenced in the local Magistrates’ Court, seeking an abatement order from the Court to stop the alleged noise nuisance caused by operation of the water fountain at the neighbour’s property.

As the statutory nuisance claim progressed, the Defendant made various adjustments to the water fountain and also tried installing alternative pond aeration systems in apparent attempts to address the noise complaint. Unfortunately these did not solve the problem but continued to generate significant levels of noise. The Defendant maintained that the fountain was necessary to aerate his pond, however, our clients were of the view that there were alternative ways to achieve adequate aeration of the pond, whilst also addressing the noise impact experienced at their property. We obtained expert evidence from an independent Fisheries and Environmental Consultant about possible (quieter) water aeration alternatives that could be used instead of a fountain, in efforts to reach a resolution.

Shortly before trial, the parties managed to settle the case by reaching an agreement whereby the Defendant agreed to install and use a new filter system to aerate the pond water, in place of the water fountain. The noise profile from this new system was a significant improvement compared to that of the water fountain, and our clients are now able to enjoy their home and garden again!