A DISGRUNTLED neighbour is taking the man next door to court over the noise coming from his swimming pool.
Ian Winston, of Woodplace Lane, Coulsdon, is prosecuting Keith Bradford under the Environmental Protection Act for a "noise nuisance" caused by pool equipment.
He claims to have measured 58 decibels of sound – about the level of normal conversation – from inside the detached house just metres away.
But Mr Bradford has dismissed any noise as a "slight humming", adding the row began with a disagreement over a barking dog.
The pair appeared side by side at Croydon Magistrates' Court on Tuesday, when Mr Bradford confirmed he will be contesting the civil case.
Warned he would have to prove the offence to a "criminal standard", Mr Winston said: "I have correspondence from him which I believe proves there was a nuisance and he was aware of it.
"I have measurements of the noise. I have taken my own readings from inside the house; 58 decibels.
"My understanding is there is not a threshold level for nuisance – it is just a nuisance that interferes with your way of life and my enjoying my home.
"It does not have to be a specific level, it is just a nuisance."
Countering that there was "a noise from any property", Mr Bradford said: "Mr Winston refuses to put up a fence. I have got a noise because of his dog, which is what started all this off.
"The noise level is not anywhere near – and it has been assessed by Croydon Council – it is not anywhere near a nuisance level.
"That is what they have said to me."
Speaking after Tuesday's hearing, Mr Bradford said he thought the case was sparked by his complaints about Mr Winston's dog.
He said: "I complained about his dog because it was barking and coming onto my garden and my lawn.
"Then, because I have the pool, he complained about that.
"There is an acceptable noise level the World Health Organisation sets, but the council said it is nowhere near that."
Mr Bradford will face trial at Croydon Magistrates' Court on March 8.
He could be issued with a court order if the case against him is proven.
