Man fined over noisy cockerel. But what counts as a ‘nuisance pet’?
Soho residents may have issued over 17,000 noise complaints in 2022, but turns out those in search of the quiet life may not find it in the countryside either, with Southampton magistrates court this week forced to resolve a neighbourly dispute concerning a noisy cockerel.
The “nuisance” bird in question, a cockerel owned by 80-year-old Harold Brown, was found to have regularly cock-a-doodle-dooed from as early as 3am in the morning, disturbing the sleep of fellow residents living on the leafy Hampshire cul de sac. Environmental health officials recorded the bird crowing once a minute for an hour and a half. Brown was given an abatement notice to keep the noise down, but failed to comply (even buying a replacement cockerel after the death of the original noise-bringer) resulting in a £200 fine.
In Brown’s defence, the cockerel-owner argued the sound was more akin to a “croak” than a cock-a-doodle-doo and alleged there was a “conspiracy” from both residents and the New Forest district council against him.
But what exactly are the rules around noise and when does an annoying neighbour become a “statutory nuisance”?
Officially, unreasonable noise is defined as noise that unreasonably and substantially interferes with the use or enjoyment of a home or that injures health or is likely to injure health. This can include loud music, loud TVs, loud arguing, loud pets and even loud children.
Statutory nuisances can technically be committed at any time of day, though are more likely to be committed at night where stricter rules over what constitutes a “reasonable amount of noise” apply. Specifically, between 11pm and 7am, noise is not allowed to exceed 34 decibels adjusted – roughly equivalent to the volume of a whisper.
That’s cock-a-doodle-doos out then, but it’s not just poultry at risk. Excessive dog barking may also be justification for action, though exactly what counts as “excessive” is not legally defined. Estate agents Ellis & Co advise that “barking for prolonged periods of time that affects your enjoyment of your home” would be considered excessive.
Curtain-twitchers beware though, the law requires you to disclose any disputes you’ve had with your neighbours when selling your house – so you may not wish to be too hasty, lest a pesty cockerel dent the price of your home.