Bit of an update
Olly,
You were right. I filled in dairy sheets and there is not enough evidence. Apparently you can make as much noise as you wish between 7am and 11pm.
Here is a copy of an email I have just sent. Do you think it sounds sarcastic? It is not meant to be.
Some of the names have been changed to protect the innocent
http://www.youtube.com/watch?v=AdHLn_iHTSs
Dear XXXX
I apologise for not responding soon after the two week monitoring period came to an end. I have been busy trying not to focus on the noise nuisance having taken the earlier advice from your colleague XXXX.
To begin with, I have been unable to provide the evidence of nuisance that I envisage you requiring to take action. I have therefore not included my diary, which was started but not finished (you could have this for the unused material for any future file). It is a difficult situation that I find myself in, which may be compounded by the fact that I am a shift worker. I cannot provide you with a two week diary as the monitoring times differ. Some days I will be at home all day, some days I will be in bed all day, some days I want to go to bed early and some days I want to stay in bed later. It seems to be acceptable for the dog to bark constantly for 1 or 2 hours at a time, or for us to have to telephone the owner so that we can sleep or just relax? But it is inconsistent, therefore difficult. I could go sick from work with exhaustion or stress, then I would be able to provide more evidence in my diary sheets?
I will provide you with some facts (in no particular order);
1. The dog at XXXXX barks.
2. The dog is large and the bark is extremely loud.
3. The barking is not at set times or for set periods of time.
4. The barking is not within the realms of “unsociable hours.â€
5. My neighbours are affected by the barking but are ignorant of what assistance English law my be able to provide.
6. The dog barking causes me unnecessary anxiety.
7. The dog barking, on occasions prevents me from sleeping, in turn affecting my work.
8. The barking is undoubtedly so loud that it affects other neighbours.
9. The occupants of the house know that the dog is barking because they look at it through the windows.
10. I expect the dog to bark even when it does not.
I asked in my last email the question of “what examples could you give where there has been a successful outcome?†This was directed at any similar cases that you may have dealt with but unfortunately you were unable to answer this. This gives me an indication that the problem is difficult to resolve. So far, I can see that you have tried to help by writing to the dog owner and asking me to fill in some diary sheets, this is clearly not enough to resolve the nuisance. I would expect you to do more than this. I am no expert on noise, you are.
I would expect perhaps the following;
A visit in person to my home address to discuss the matter.
Enquiries with neighbours.
Discreet visit to the area to obtain an initial assessment.
Instalation of sound monitoring equipment.
Visit in person to dog owner to provide advice or issue a warning of some sort.
Reassurance.
You could spend your time writing a lengthy reply, or just call round to discuss matters with me, you are more than welcome. In fact, come round now and share in the pleasures of a barking Rottweiler with me. Perhaps I will never have the outcome I would like?
Sincerely
XXXXXXXX