Mum loses legal battle after suing village because ‘noisy’ kids kick football against playground wall behind £600k house
A MUM has lost her legal battle after suing a village because “noisy” children were kicking a football against a playground wall behind her £600,000 house.
Solicitor Marie Sampson, 44, has been ordered to pay nearly £3,000 in costs after her two-year-long campaign against the recreation area was dismissed.
The mum-of-two had taken Brockenhurst Village Trust in Hampshire’s New Forest to court but a judge ruled that kicking a ball does not count as a nuisance.
Mrs Sampson had accused children using the playground – which backs onto her garden – of anti-social behaviour including teaching her young child swear words.
As part of her case, she argued that the sound of balls slamming against the fence amounted to a crime.
But a judge ruled that though the noise may be an annoyance, it was “insufficient” to qualify for a noise abatement order.
FOOTBALL ROW
In a statement, Mrs Sampson told a court: “The ball impact noises from the wooden surround are audible internally, even with doors and windows closed.
“[When] you are in the garden and you do not know it is coming, you literally jump, as the noise is so loud and unexpected.”
Refusing her claim, Judge Anthony Callaway said: “Noise has been defined as ‘unwelcome sound’. Sound to one person is noise to another person.
“It is accepted by this court that the very existence of the sound may be an annoyance, but ‘ball kicking’ appears to be a minority event insufficient to constitute a statutory nuisance.”
The judgement at Southampton Magistrates Court is the latest instalment in a long-running feud between Mrs Sampson and the village trust.
It is accepted by this court that the very existence of the sound may be an annoyance, but ‘ball kicking’ appears to be a minority event insufficient to constitute a statutory nuisance.”
Judge Anthony Callaway
She has logged over 100 incidents since the £63,000 recreational facility opened over two years ago, which she had claimed occurred after the designated 8pm closing time.
The recreation area – which includes sports pitches and is used by the local Cubs and Brownies groups – opened behind her home following a community fundraising drive.
The area was once named Britain’s best place to live, but the court case has caused a significant rift in the community of the historic village.
The two day case was heard in October of this year, with Mrs Sampson and her husband Martin seeking a noise abatement order, which was fought by the charity.
In addition to the noise, Mrs Sampson had also complained of anti-social behaviour and swearing at the facility – which once prompted her five year old child to ask her what the F word meant.
LOST HER CASE
A statement from the Brockenhurst Village Trust said they were “pleased” that the case had been dismissed, adding: “The Trust and its lawyers maintain that the case should not have been brought in the first place.
“There was no evidence to support the contention that the Multi Use Games Area posed a statutory noise nuisance.
“A number of measures were undertaken in order to address issues raised, such as a tall fence to try to stop balls entering gardens and installation of a CCTV system for monitoring.
“However, the complainant was still unhappy.”
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Though her case was dismissed, Mrs Sampson said she was pleased that Judge Callaway had acknowledged the trust’s inability to correctly monitor the pitch.
She said: “The judge states that currently the muga is not properly managed. This failure of management and control is ongoing.
“Despite the facility being closed due to the second lockdown, there have been 16 instances that I am aware of where users have scaled the fence, trespassed and used it.”
Mrs Sampson was ordered to pay a total of £2,947.20 towards court costs for the Trust.
