Bidbeare Barton Farm, Devon
Peter Rogers was instructed on behalf of a local dairy farmer in Devon who was using robotic milkers and other livestock farming practices in a case which hinged on the character of the locality.
The noise emissions (and smells & flies) from the activities resulted in an application under Section 82 of the Environmental Protection Act 1990 by the resident who lived over the road.
Peter produced his expert report swiftly to meet the court deadlines and presented oral evidence to the District Judge regarding whether a statutory nuisance was likely to exist. His clear style helped to dig into the details of BS4142 and proved a convincing factor for the District Judge, who allowed the appeal. The full judgment can be read here.
Kelly and James Seabridge, Owners of Bidbeare Barton Farm, said:
"Peter Rogers from Sustainable Acoustics represented us as the acoustic specialist in a Statutory nuisance court case brought against us by our closest neighbour. Throughout his involvement he was professional and reassuring, and I remember feeling greatly comforted after his first visit to site. Peter's knowledge of legislation and law surrounding acoustic levels was fantastic and the reports and testimonies produced in the build-up to the court case were very professional and thorough."
"Peter represented us in a 3-day trial at Exeter magistrates court. Throughout he was exactly what you would hope for of your team in this situation..... calm, professional and unshakable. When it came to his appearance and questioning on the stand, it was definitely very obvious that he has a lifetime of experience to draw on which enables him to deliver and defend his findings. I felt like he really excelled under the pressure of the situation which gave me confidence. We were fortunate that Peter & the team were able to successfully prove that no statutory nuisance existed on site."
"We are deeply grateful for Peter's involvement in the case and we would definitely recommend Sustainable Acoustics to anybody in need of their advice."