Havant council comes under fire for deploying criminal powers over garden fountain causing 'annoyance'
A campaign group claimed heavy-handed councils unnecessarily resorting to legal powers
A council has come under fire for deploying criminal powers to silence a garden fountain that was “causing annoyance and sleep disturbance”.
A Havant Borough Council resident was warned about the noise created from their water fountain in 2023 in a quiet neighbourhood.
The owners were warned that if they did not “resolve the matter”, a court could issue a warrant for the police to enter their premises and seize “the item” connected to the order, after which it could be “destroyed or disposed of”.
It comes as research into councils’ use of community protection orders reveals that nearly 25,000 were issued in the past year. Households that fail to comply face prosecution and fines of up to £2,500.
Freedom of information requests from the Campaign for Freedom in Everyday Life reveal that the orders have been issued for everything from keeping a messy garden to “staring” at neighbours, feeding birds or displaying signs.
The campaign group claimed that heavy-handed councils were unnecessarily resorting to legal powers that could criminalise residents when a simple phone call or visit could resolve potential disputes.
Josie Appleton, director of the campaign group, told The Telegraph: “The bar for issuing an order is so low, and the checks so few, that a single council officer can act as legislator, judge and jury over what you do in your own home and garden.
“We have seen people criminalised over the wood stacked in their front garden, the lyrics of the music they play, and even the way they close their front door. This is criminalisation on the basis of taste – basically, something somebody else doesn’t like.”
Responding to concerns, a Havant Borough Council spokesperson said: “A written warning was issued by Havant Borough Council, in 2023, on the grounds that the noise of water falling from a water fountain in a back garden was causing annoyance and sleep disturbance late at night, in a quiet residential neighbourhood.
"The person who had been issued the warning had to ensure that water falling from the water fountain did not cause a noise nuisance between the hours of 11pm and 7am Monday to Sunday.
“They were informed that this must be followed within four weeks of the date that the written warning was served. This was complied with and the matter was resolved."