Enniskillen Court House
THE only clay pigeon shooting club in Fermanagh has been forced to cease operations after a complaint was made regarding noise levels at the Newtownbutler site.
On April 17, 2014 an Abatement Notice was issued for the Crom Clay Pigeon Shooting Club, Newtownbutler, a fixture in the area for 30 years, after a complaint was made by a local resident on July 3, 2013 regarding high noise levels in their house and garden. In court the background of the case was explained.
After the resident made the initial complaint back in July 2013 the noise levels were recorded in her garden by council environmental health officers.
On August 27, 2013 they revealed an average decibel level of 84.7db, well above the acceptable level of 60, while on October 5, 2013 they revealed an average of 84.4db.
It was noted in court that the complainant had built a new house on the site beside the clay pigeon club three years previous and was approximately 0.3km away from the gun traps.
Representing Fermanagh District Council defence solicitor James Cooper outlined the fact that noise had become ‘intolerable’ and had ‘made life unbearable’ in the family home.
Mr Cooper also explained there was a considerable amount of land in the local area, including a field adjacent to the club which had not been properly considered as a new premises or as a way to reduce the noise levels in the neighbouring area.
Cecil Howe, club treasurer and member for over 20 years told the court the Crom Clay Pigeon Shooting Club is affiliated to the Ulster Clay Pigeon Association and noted that member Maurice Allen represented Northern Ireland at the Commonwealth Games in India, while he himself had previously won Ulster and Irish titles.
It was reported in court the group operates 28 days a year from April to autumn on Thursday for practice and holds five national events in the year on Saturdays.
Defence solicitor for the clay pigeon club Niall Bogue pointed out that for six months of the year there is no noise whatsoever and asked the court to consider the infrequent duration and limited frequency of their activities.
He noted that the operations of the club have been accepted by the local people for 30 years and as it was an accepted practice should be looked upon favourably.
Mr Bogue stated this was the only clay pigeon shooting club in Fermanagh, the next closest being in Dungannon and warned that if the club was closed the sport ‘would cease to exist in Fermanagh’.
“They are not in a financial position to up sticks, they run on a very small profit and make a very small surplus through the national events,” he added.
District judge Nigel Broderick said he considered the matter carefully and acknowledged the large amount of research and consideration undertaken on this ‘delicate issue’.
Mr Broderick said he was extremely satisfied that Crom was a well-established, well-run and reputable club, but stated the council had a statutory duty to enforce the noise regulations.
The district judge said he was not satisfied sufficient efforts were made to explore the possibility of using the adjacent field to abate the noise.
Taking all matters into consideration the judge dismissed the appeal, but stated his hope the parties could come to some agreement and the club could continue activities.
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