The lessee of a Kensington flat has won an injunction ordering his neighbour to carry out work to minimise the amount of noise emanating from the flat on the floor above.
Architect Leslie Stannard, who has lived at 14B Albert Court for 30 years, complained that he and his family had suffered noise nuisance from the flat above, no 14/14A, which is occupied by Mr Al Sharek and his family.
Mr Stannard claimed that Mr Al Shareks flat had been altered so that the kitchen and principal bathroom were now directly above his drawing room. He complained that ceramic and marble floors had been laid, and alleged that a new bathroom, with a WC system that used a macerator, had also been installed directly above the main bedroom.
It was claimed that, as a result, Mr Stannard and his family were disturbed by the noise of adults and children walking or running, and well as by noise late at night.
Deputy High Court Judge John Slater QC said that he was satisfied that Mr Stannard had offered an accurate account of “the nature, effect, extent and character of the noise invasion, which he and his family have had to endure and continue to endure”.
The judge also said that work carried out by Mr Al Sharek to minimise the level of noise had departed from the specification and was technically incorrect, and he ordered that steps should be taken to curb the noise nuisance.
PLS News 30/7/02
