Wealthy couple who opened a swimming school in their BACK GARDEN are ordered to pull the plug after neighbours complain of a ‘cacophony of noise’

A wealthy couple who opened an unauthorized swimming school in their back garden have been ordered to shut it down after neighbors said the children’s “constant screaming” was destroying their peace.

Andrew and Richelle Brooks left nearby residents furious over the “cacophony of noise” from their swimming pool, with people complaining that “singing, shouting and screaming” meant they could no longer sit and read in their gardens, study or even sleep.

The protesting homeowners said they would have to endure the disruption for more than two and a half years after Brooks launched the Little Otters Swim School in March 2021.

As well as the noise, locals complained about customer on-street parking which had previously been kept to an “absolute minimum” on the upmarket street where they live – where the average house sold for more than £ 1 million last year.

The noise – from children and instructors – was said to be worse during the summer months, when the retractable roof on the pool was removed.

Mr and Mrs Brooks opened the swimming school shortly after moving into their £745,000 five-bedroom house in Colden Common, near Winchester, Hampshire, in August 2020 with their three children.

They admitted to throwing “siren parties”, but found that the neighbors “unfathomable” complained, because they had not been disturbed “at all”.

But Winchester Borough Council’s Planning Committee disagreed and after a meeting the couple’s retrospective application to change the use of the property from domestic residential to business was refused at the unanimity

The council was told that swimming lessons took place from Monday to Wednesday from 9.30am to 11.30am and from 3.30pm to 7pm, and even more often on Thursdays – with four children at a time and each lesson lasting 30 minutes.

Dr Adelaide Morris, who lives next door to the Brooks and less than a meter from the swimming school, said her family had been “severely disturbed by a cacophony of noise”.

Speaking at the meeting, he said: “I live on the right side of the pool. Those of us next door on either side of the school suffer stress because of the noise.

“Singing, shouting, screaming from teachers, carers and children – it’s even worse when the ceiling is retracted.

“Our normal life cannot continue until the lessons are over.

“This pool is in the wrong place to become a commercial swimming school.

“This swimming school is noisy and disruptive to the whole neighborhood.

“We’ve put up with this for two and a half years – we’re suffering.”

James Newman-Carter, who lives on the other side of the house, complained that the noise was a major disruption to his A-Level studies.

He lodged an objection, saying: “During my A-Levels I couldn’t study in my room, even with the windows closed because the noise was always audible.

“I had to move my PC and study materials to another area of ​​the house, which was not ideal.

“Because of my schedule, even if I didn’t have to get up early on some days, I was never able to take advantage of it, as I was routinely awakened by the singing of nursery rhymes, raised voices shouting instructions or encouragement and crying children.”

Chair of Colden Common Parish Council, Cllr Maggie Hill, revealed that the 23 comments in support of Brooks’ application were from users of the swimming class and not neighbors – including 10 from people who do not live not even in the country.

She told the meeting: ‘He’s constantly screaming loudly, shouting, singing – that’s it [they] they could not enjoy the comforts of their home or garden or relax because of the volume of noise.

“In hot weather, the noise is even greater when the pool cover is retracted.

“The neighbors on both sides are not able to read in their garden, study in their houses or sleep when they are on night shifts.”

Cllr Hill revealed that the pool’s activity was not limited to weekends only, with private hire of the site known to take place at weekends, as well as recent adverts for Sunday morning swimming instructors for classes for adults from 8.30 am, courses for children and aqua yoga.

“This is not an essential business for the area, there are six others within a five kilometer radius,” he added.

The Council’s Environmental Protection department also raised concerns about the impact of noise on the living conditions of neighboring properties.

Making her case, Ms Brooks told the committee that “there is no other swimming school in the area that offers what we do”.

“We are providing something valuable to the community, promoting healthy, active children, creating jobs, paying taxes, supporting charities and contributing positively to society,” he said.

“While we regret that our nearest neighbors are disturbed by the use of the pool, we understand that they have encouraged other local residents to object despite the fact that the use does not have a significant impact on them.

“I am sure they are also disturbed by our private use with our three young children, which is frequent and particularly during the summer months when our neighbors are more likely to use their garden.

“Unfortunately, it seems that the previous owners of our house did not make great use of the pool and therefore our regular use has come as an unwelcome change.

“This disturbance is purely a matter of subjective opinion.

“For people to say that their lives are ruined by the noise in their own homes is unfathomable to me because we live in the house where these lessons are conducted and we’re not disturbed at all – it’s just a little unreasonable.”

She stated that the “public good” outweighed any objections.

The committee voted unanimously to refuse the application, with committee member Cllr Michael Read saying: “Children should be given the opportunity to swim.

“However, in this particular case, we are in a residential area, it is very close to a neighboring property and the noise levels could be such that it becomes a real nuisance.”

Mr. and Mrs. Brooks have six months to appeal the decision.

Speaking after the decision, Mrs Brooks said she and her husband did not know they needed planning permission to open the swimming school until they were contacted by a planning officer seven months after opening.

She said they were then told they would have to make a planning application or an enforcement order would be issued.

After the application was rejected, the Brooks said they were “shocked” and now plan to appeal.

Ms Brooks claims she opened Little Otters because swimming schools in the county are in decline and the private nature of her sessions makes it more accessible for children with learning difficulties.

The 40-year-old swimming coach, originally from South Africa, said: “Where do you take children with disabilities, or special needs, who need to swim calmly?

“If there’s a kid who’s autistic, or has ADHD, they can come here because it’s just their environment.”

She stated that if the school closes, many children will not learn to swim “because there are not enough facilities in this area outside of us”.

Indoor pool lessons cost £16.50. The couple said they tried desperately to compromise, offering to soundproof the facility, but the neighbors and the committee had no budget.

Mr Brooks – company director of an electrical engineering firm – said it would be “catastrophic” for them as a family and for the children who would no longer have access to lessons.