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‘Neighbour from hell’ loses appeal

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A couple whose loud love making made their neighbours’ lives a misery has lost their appeal.

Caroline Cartwright from Washington on Wearside is objecting to receiving an abatement notice in November 2007, and a subsequent Asbo, for making an excessive amount of noise during the night and in the mornings. The court heard that Sunderland City Council recorded levels of up 47 decibels from her home.

The couple is now banned from “shouting and screaming at such a level as to be a statutory nuisance”. Their love-making has been described as “murder” and “unnatural” at Newcastle Crown Court where the appeal hearing was held.

Neighbours including the local postman and a woman taking her child to school complained about the noise. Next door neighbour Rachel O’Connor told the court she was frequently late for work because she overslept, having been awake most of the night because of the noise.

She said: “The noise sounds like they are both in considerable pain. I cannot describe the noise. I have never ever heard anything like it.”

Mrs Cartwright, 48, lost the appeal against a conviction for breaching a noise abatement notice.

She argued she had a right to “respect for her private and family life” under Article 8 of the Human Rights Act. Her claim was rejected by magistrates.

Cartwright was told by the court: “We are in no doubt whatsoever about the level of noise that can be heard in neighbouring properties, in the street and in the back lane. It certainly was intrusive and constituted a statutory nuisance.”

Cartwright was also criticised for the frequency and duration of the disturbance.

The trial will take place at Newcastle Crown Court on 14th December.

Written by Andrew Hodges

November 16, 2009 at 9:39 pm

Posted in Comment, LinkedIn

Tagged with , ,

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