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Council slaps noise ban on man's tiny wind chime
Last updated at 22:37pm on 06.01.07A council has ordered a man to move a tiny wind chime from his back garden following an investigation that cost more than £1,000.
David Bavington was stunned to receive an official letter claiming that the 1in- diameter chime was a 'statutory nuisance' following a complaint.
And he was warned he had to take it down - or be served with a noise abatement order and face legal action.
Ironically Mr Bavington, 57, and his wife Sheila bought the chime to create a feeling of calm while they were sitting in the garden of their £300,000 detached home in Ryton-on-Dunsmore, Warwickshire, with noisy airliners flying overhead on final approach to Coventry airport just over a mile away.
But, instead, it has landed them in a two-month legal row with officials at Rugby Borough Council, which has spent £1,000 writing letters, phoning the couple and sending two officers out to listen to the chime because of a complaint that it tinkled too loudly in windy weather.
Now the couple have agreed to move it 15ft from their garden fence on to an apple tree as a compromise solution to settle the dispute and end the legal action.
Retired sales executive Mr Bavington said: "You can't even hear the chime if you go inside the house. But the council said there had been a complaint from someone who was annoyed by the tinkling. I told them it was ridiculous. Sending around officers to listen to a tiny wind chime is a complete waste of taxpayers' money."
But Sean Lawson, head of environment for the council, said officers had a duty to investigate every complaint.
"It does cost a lot of money - about £1,000 for something like this - but it is our job. People become very concerned about noises or anything else that intrudes into their lives from their neighbours' gardens."
The Bavingtons' next-door neighbour, Robin Trigger, refused to say whether he had made the complaint. He added: "I have absolutely no comment to make."
Reader views (10)
Here's a sample of the latest views published.
The council is correct and consideration should be given to the neighbors. Unwanted noise is a dreadful burden on those it impedes on and quite rightly the council acted on behalf of a resident. A thousand pounds is an unfortunate sum of tax payers money but allowed peace of mind which is priceless, everyone has a right to a peaceful and quiet enjoyment of residency. More councils should take noise nuisance more seriously and perhaps we could all enjoy life a little more, without this type of intrusion.
- Carl Sander, London
windchimes are used by insane people
who the hell wants to hear that crap 24/7??
- John Peters, usa
Anyone who thinks this is trivial or that the council was petty hasn't lived next to wind chimes. If people want to listen to annoying noise, they can arrange this for their ears only. It is the wind chime owners themselves who wasted the money, by inflicting a nuisance selfishly on other people. I have read that some cultures hang up windchimes to chase away ghosts or some such thing. Well I can't think it is preferable to suddenly have the bad will and silent cursing of the people who live all around you.
Also, on a windy day now you can't hear the rustling of the leaves or the birds, which are genuinely peaceful sounds, over the chimes.
- J C, New Zealand
1 wind chime...our neighbours have 7-8 around there house which make a racket in the slightest of breeze, we asked them originally when they had 1-2 chimes to at least tie them up at night. The only answer was a rude reply I like them I think I'm going to get more! Our housing associations only way of dealing with us was to come to a compromise of to tie them up at night! Still you can still hear the lovely things through double glazed windows throughout the day. They don't sit in the garden and appreciate the sun etc. We try to but can't enjoy it without a blooming clanking of metal!
any ideas? Help my ears are Ringing!
- Jon Plumbley, watchet Somerset
Thank you! I thought I was going mad and being unreasonable. I will approach our neighbour and hope for a quiet solution!
- Helen Greengrass, Halstead, Essex
We have a problem with a neighbour and his wind chime. Three of us are working out what to do, we can't approach the neighbour because he is always unreasonable, but this is affecting three houses. We are thinking of cutting out the clapper, or stealing the chime, or my favoured option is to go and ring his doorbell every time the wind chime wakes me up, which is several times a night. The other neighbours think my idea is terrible, but I believe it would drive my point home. What does any one else think?
- A Hodge, Weymouth England
It is all very well if you have reasonable neighbours and you know they would be sympathetic and take action to stop the noise (or work out a suitable solution) But the sad fact is that this is not always the case. On average 5 people a year have lost their lives in domestic noise disputes. Those people that aren't in the "reasonable" category don't take kindly to someone complaining about their noisy activities and have ended up murdering their neighbour. So, you can't blame people for making complaints to the authorities as you don't always know what aggressive behaviour you may face if you make a complaint directly to your neighbour.
- Val Weedon, London
As a noise campaigner let me explain. Any sound that we do not choose, or desire to listen to, or a sound that we have no control over, becomes "noise" (unwanted sound). The sound of a wind chime would be no different. It is not just loud sounds that annoy people, but low level repetative sounds, such as that from a windchime. If the sound is a regular occurrence the annoyance may cause some people to become extremely stressed. Noise, whatever the source, is not good for our well-being. I can understand the confusion with a windchime and the fact that these things are suppose to relax us. But this would only be the case if it is something that you choose to listen to. You must understand that you can't force people to become relaxed in this way.
- Val Weedon, London
It appears that absurdity knows no bounds.
- Charles, Hatfield, Pennsylvania, USA
I don't suppose Mr. Bavington's neighbors had the intestinal fortitude to knock on his door and ask if the chime could be removed because it was annoying. The problem with people is that they no longer solve their own problems and look for some "authority" to take care of them.
And yes, we have similar problems on our side of the pond.
- Mark, Washington, DC, USA
