What are our rights playing the drums?

chris_m

Towser wrote: »

I know 100% they don't work shifts,

They have our numbers. They can text us.

So you'd rather wait until after you have antagonised them rather than making an approach to seek an acceptable compromise before?

Damned glad you ain't next-door to me.

borkid

Towser wrote: »

I am not going to stunt my sons' growth just because other people can't handle a bit of daytime therapy. He is disabled and needs all the help he can get.



Class

Not drums but a neighbour DIYer 2 houses away from my daughter who spent a whole summer building. He worked on it between 9am and late afternoon. No problem you would think, no shift workers but my daughter has an invisible disability and needs to sleep for several hours during the day as well as at night otherwise her health suffers. She didn't complain because for a normal person he was doing nothing wrong and she knew at some point it would stop.

Your "daytime therapy" could be someone else's relapse. Most of the neighbours do not know how ill she is because she makes the best of her life and doesn't complain.

I'm not getting at you but just pointing out things aren't as clear cut as they sometimes seem . The bit of your post I've bolded comes over to me as very aggressive and confrontational.

Pixie5740

Could your son have his drumming time after school but before the neighbours get home from work?

auldblerk

I was a Drummer in a Band in the early 80's but before that, when I was learning and practising, would annoy neighbours then a neighbour offered to let me use his garage (bear in mind, we're going back to a time when neighbours helped each other) and actually soundproofed a section surrounding the kit with egg box trays from a local farm tacked onto 8' x 4' sheets, very inexpensive but effective. Not everybody who has a garage has a car so could you not ask around your neighbours and see if you can rent a garage ? The other point is does it have to be a drum kit ? I understand the lack of interest with electronic kits (I dabbled with a Simmons kit in view to buy but wasn't impressed), what about a xylophone; there are other percussive instruments available that would be easier on your neighbours ear.

mumps

Towser wrote: »

I would love to afford a detached house or an insulated garage for him.



I may have to be a responsible neighbor then and stick to reasonable hours. I have not become irresponsible yet. Just mulling the options as it has provoked some strong opinion.

The joy of drums is just too delightful to see. It's something he can do rather than cannot do.

The law might be the least of your problems. I remember, many years ago, a case of a man being driven to distraction by a neighbours music. One night, around midnight if I remember correctly, he snapped. Got out a revolver, I know not everyone has a neighbour with firearms but you never know. He went round and smashed a window, pointed the gun through the window and shot someone. They died. It wasn't his neighbour, just a friend who was round having a drink. Extreme case but noise does funny things to people.

kinger101

mumps wrote: »

The law might be the least of your problems. I remember, many years ago, a case of a man being driven to distraction by a neighbours music. One night, around midnight if I remember correctly, he snapped. Got out a revolver, I know not everyone has a neighbour with firearms but you never know. He went round and smashed a window, pointed the gun through the window and shot someone. They died. It wasn't his neighbour, just a friend who was round having a drink. Extreme case but noise does funny things to people.

That's rather inconsiderate. Revolvers make a lot of noise and he could have woken up the rest of the street. He should have used a pistol equipped with a silencer.

mumps

kinger101 wrote: »

That's rather inconsiderate. Revolvers make a lot of noise and he could have woken up the rest of the street. He should have used a pistol equipped with a silencer.

From what I heard he was considered a hero by the other neighbours. I can't remember what happened when it went to court. I must ask my husband if he can remember.

Towser

Could your son have his drumming time after school but before the neighbours get home from work?

Yes of course that is the reasonable thing to do.

But what does the law say? Does anyone know?

Any drummers got any comments?

SailorSam

Owain_Moneysaver wrote: »

Who on earth from???

The next door neighbours bought them for him.

Aahh he's only little, he's only playing. It would be a sadder world without the sound of children enjoying themselves.

Pixie5740

Towser wrote: »

Yes of course that is the reasonable thing to do.

But what does the law say? Does anyone know?

Any drummers got any comments?

If the reasonable thing to do is for your son to make noise when your neighbours aren't home then does it really matter what the law says? If a tree falls in the wood and there's no-one there to hear it, does it make a sound?

If you are really interested in what the law says then I find it difficult to believe that 5 pages in you haven't Googled it.

http://www.environmentlaw.org.uk/rte.asp?id=76

"English private law defines a nuisance as "an unlawful interference with a person's use or enjoyment of land or of some right over, or in connection, with it." The process of determining what level of noise constitutes a nuisance can be quite subjective. For instance, the level of noise, its length and timing may be taken into consideration in ascertaining whether a nuisance has actually occurred."

"Local authorities have a duty to deal with statutory nuisances under the Environmental Protection Act 1990. For noise to amount to a statutory nuisance, it must be "prejudicial to health or a nuisance" - see section 79(1)(g) and (ga) of the 1990 Act. Guidance issued in Scotland to accompany the Public Health (Scotland) Act 2008 gives a comprehensive account of the relevant background and case-law."

"Noise nuisance is generally treated as an environmental health matter, to be handled by the local council. The police can deal with a complaint if the noise amounts to a breach of the peace, or where it is associated with threatening, violent or other anti-social behaviour. In very serious cases of anti-social behaviour, the police and local councils can work together to seek anti-social behaviour orders (ASBOs) against residents causing alarm, harassment and distress to others. In Scotland, police also have powers under the Civic Government (Scotland) Act 1982 in relation to music-making and loudspeakers in public, and can confiscate the offending musical instruments or sound-making equipment."

In summary, there isn't a time frame in which it is acceptable to make too much noise and what counts as "too much" is subjective.