Lewisham Council: The musician was being unreasonable
NewsIn a first response to its ban on Fiona Fey playing music at any time and its threat to confiscate her instruments, Lewisham Council have reached out to slippedisc.com, explaining that this was all Fiona’s fault for being unreasonable.
Here’s their side of the story:
We have been aware of noise issues at a residence in the borough since November 2022 involving loud music, playing of instruments and singing, resulting in numerous complaints.
We celebrate the musicality and creativity of our borough and recognise people’s right to play an instrument in their home. We only intervene when we receive complaints and always try to resolve these amicably, which is balanced and can include mediation.
Lewisham Homes spoke with the leaseholder in January 2023 and was advised that we would continue to monitor the situation. As a result of the noise complaints, a referral for mediation was made in mid-January 2023. After mediation, the tenant refused to agree to a good neighbour agreement or rehearsal times to prevent further concerns. Lewisham Homes instructed a professional witness who attended the complainant’s homes in February 2023, the report from this professional witness confirmed that the music from the residence was audible within the complainant’s home and was at an unreasonable level.
Lewisham Homes and Lewisham Council do not make decisions like this lightly and have tried to avoid enforcement, which is only ever done as a last resort. In this case, regrettably, when we tried to explore reasonable offers and solutions to find a balance, the tenant refused to engage and we received multiple further complaints.
A statutory nuisance is defined as a disturbance that interferes with someone’s right to enjoy their home or is damaging to someone’s health. It is much more than just an annoyance or being aware of something, which is why we would always assess each situation individually. More details of this can be found on our website.
We have notified Lewisham of the precedential judgement which allows musicians to practice five hours a day at home.
UPDATE: Fiona Fey has sent us further evidence in this video.
Is this from the bully Andrew Grant?
https://youtu.be/gIQ-if1xm7U
As the complaint was handled by Lewisham Homes, presumably the victim was a tenant of social housing. So she may well have in breach of her tenancy agreement rather than causing a statutory noise nuisance.
Sadly, the precedential case you refer to appears to provide a child’s right to play, rather than specifically a musician’s right to practice.
No she was given a noise abatement order from Lewisham Environmental Health Office that meant if she ever played a single note in her home she could be fined £5,000 and all her instruments confiscated….. she moved out the following week.
Actually sonicsinfonia, you are wrong! The full judgement in the Carrabino vs RBKC case, to which Mr Lebrecht refers, states very explicitly with respect to the playing of musical instruments, whether child or adult, professional or amateur “play is absolutely an entitlement”.
Then that is indeed a good thing! The quote attributed to judge in the case referred simply to a child’s right to play.
Noise disturbance caused by children playing is not normally grounds for a noise nuisance complaint – children have a right to play.
Regardless of the rights or wrongs of this particular case, I hope Lewisham Homes will treat it as a cue to upgrade the sound insulation in its housing stock, and Lewisham Council will treat it as a cue to review the standards of sound insulation to be imposed as a condition of granting planning permission for new dwellings.
We are going through this too. We have been issued a CPW by Lewisham Council as my son (22) is a musician and occasionally plays in our (owned) flat, when he can’t get into a shared studio. If he plays again, he’ll get a CPN, a fine and risks having his instruments seized.
The statement by Lewisham Council is pretty much the statement we got sent when we got the warning notice.
This is Lewisham doubling down, not actually entering into any meaningful dialogue.
Musicians will always practise at home and some neighbours will complain so there needs to be a clear policy to avoid conflict, ie what hours musicians can practise etc. Many Councils have such a policy on their website, Lewisham don’t. And that’s the trouble. Musicians have a right to practise and neighbours think they have right to silence. The legal precedent set in RBKC is a good start.
Please if you’re going g through this too, get in touch. Fiona has left Lewisham, but we are still going through it, so to link up with others would be helpful.
Please keep me posted of your progress.
This is what my son has been threatened with, a CPN, basically an ASBO, for practising his craft. Lewisham are criminalising musicians.
https://www.gov.uk/civil-injunctions-criminal-behaviour-orders
How can I get in touch with you? Something needs to be done about these abusive, bullying councils. Perhaps if there are several of us we can find a way. (I had contacted my MP a while ago, but she wasn’t interested).
Any order made by an admistrative proceeding is hearsay unless one confesses that is , as for local authority mmm (a legaly generated ficti ious entity) and the offer the steel your property i would bet that such order carries no signature by an appropriate officer of the court , see UKHL8 house of lords has decreed such must be present or its null and void , unless one has been b4 a jury of 12 and found guilty , then all is smoke and mirrours , please keep playing and enjoy doing so , kind regards alan
This sounds like an HOA in the USA. The LEWISHAM COUNCIL is being unreasonable. I think the one person making the complaint should be forced to move. If they want quiet, stick them in a rubber room.