I have owned a flat in a block in Wapping for 30 years. It was always a pleasant place to live, but in 2020 Transport for London introduced a new electric 100 bus, which is heavier than the previous specification — 11,779kg vs 7,454kg. Since then flat owners are feeling ground-borne vibrations when vehicles hit the speed table. It is causing untold damage to our properties — doors are rattling, furniture is shaking and cracks are appearing. The bus keeps us awake at night. We approached Tower Hamlets council. It investigated, but said there wasn’t an issue with the speed table. But no vibration measurements were taken. What can we do?
Russell-Cooke partner Michael Stacey answers a reader's question in the Home Help section of the Sunday Times.
He explains that legal advice should be taken but possible options to consider include:
- a judicial review of the council's decision not to take remedial actions;
- a claim based on the right to respect for your private and family life (including your home) protected by Article 8 of the European Convention on Human Rights; and
- a claim that the council has caused a nuisance that interferes with your peaceful enjoyment of your property and/or has caused physical damage.
Bus vibrations are damaging my property is available to read on the Sunday Times website via subscription.
Michael is a partner in the dispute resolution team specialising in regulatory and public law. He acts for individuals, businesses, regulators and charities to achieve their objectives by navigating complex legal issues and managing legal risk. Key areas include regulatory investigations, complex disciplinary proceedings, judicial reviews, professional liability disputes and other regulatory litigation.