Cockerels likely to stay

Cockerels deemed a noise nuisance on a farm in Radlett are likely to stay, providing the council does not receive further complaints.

Council officers investigated after a neighbour - who has lived in the area for several years - complained that the birds were crowing nearly continuously throughout the night at Battlers Green Farm in Common Lane.

Officers investigated, heard the continuous crowing, and deemed the level and frequency to be unreasonable. When informal action did not resolve the matter, the council issued a noise abatement notice on the farm which meant the owner had to do something to stop the birds causing a noise nuisance at the same level or frequency. This is a legal duty on the council, invoked by any aggrieved person complaining about noise which can be considered a nuisance.

Cllr Jean Heywood, portfolio holder for environment, said: "We have always had sympathy for both sides in this case. We never said the owner had to get rid of the birds, just to do something to quieten them down, so it was a bit over the top to suggest otherwise.

“We have also always said it is reasonable for a cockerel to be crowing on a farm as you would expect in the countryside, but not necessarily throughout the night repeatedly. The problem seems to be made worse because of security lights on the site and the fact the birds are left to roam free.

“We were happy to extend the noise abatement notice until 20 August to allow the owner seven weeks to comply and providing we receive no further complaints then, as far as we are concerned, the matter is closed."

This means that the owner of the cockerels needs to ensure that the bird noise does not disturb others as far as is reasonably possible and spark further complaints, either from the original neighbour or anyone else.

For further action to be taken now, we would need to be contacted again by the complainant and then be satisfied, by our own investigations, that the notice was being breached. At that point we would decide, giving due consideration to all factors, whether to embark upon a prosecution. Ultimately it would be up to a magistrates court to decide on the case and it would be their decision what level of penalty to impose.

Whilst the power to seize exists within the legislation, this is not a course of action which Hertsmere has ever used in the case of animals, though it has been used successfully many times for equipment such as Hi-Fi systems.

“If someone makes a complaint of noise to us then we are duty-bound to investigate it - whether it is cockerels, loud parties or late night roadworks. In this case we never thought it would get to the stage where the birds would have to go from the farm as these types of issues always tend to get resolved," added Cllr Heywood.