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The Restaurant MS in Folkestone given 30 days to fix ‘unbearable’ noise from extractor fan likened to ‘jet engine’

By: Liane Castle lcastle@thekmgroup.co.uk

Published: 05:00, 22 August 2024

Updated: 12:19, 22 August 2024

A restaurant has been given 30 days to fix “unbearable” noise coming from an extractor fan after neighbours likened the constant humming to the sound of a “jet engine starting up”.

The ventilation equipment was installed at The Restaurant MS in Clifton Gardens, Folkestone, as part of upgrades to the kitchen.

Landlady Sarah Tinson says an extractor fan from The Restaurant MS in Folkestone, which is below her flat, sounds like a 'jet engine'

But landlady Sarah Tinson says the fan sits below her flat at Leaside Court, leaving her tenants to deal with a monotonous drone between 9am and 10pm five days a week.

“It sounds like you've got a jet engine starting up in the flat,” she said.

“It’s like you're sitting next to a washing machine.

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“It is generally from Wednesday until Sunday, although on Sundays the hours are less.

“My tenants have been really upset - they've had a daughter doing her GCSEs and she's been trying to study.

Read more!
The fan affects the flat above in Leaside Court
Read more!

“They've got an older daughter who's doing a dental nurse qualification. She finds it difficult and they struggle to sleep.

“Recently, when my tenant had a week's holiday, she got to a point where she was having migraines, not being able to sleep or relax in her own home.

“I feel for them terribly because they're wonderful tenants and they're lovely people.

“We're trying to work together to sort all this out because they shouldn't have to live like this.”

Celebrity chef Mark Sargeant – a former director of the restaurant - submitted plans to Folkestone and Hythe District Council for the fan in April 2022 and permission was granted three months later.

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Since then, the lease for the restaurant, formerly known as The Brasserie MS and La Tavernatta, has been taken over by Kanagaratnam Rajamenon, who is also the managing director of Leaf Hotels Group, which owns the neighbouring Clifton Hotel.

Earlier this year extra, springs were installed to help reduce vibrations impacting the flat, which Ms Tinson says has worked, but the noise continues.

A teacher by trade, she first heard about the humming from a former tenant when she was working abroad in Vietnam.

She then came back to Folkestone in October to care for her sick mother and visited the flat to hear the noise for herself.

She explained: “As we walked into the flat, we realised that there was this very large-sounding noise and vibration going through the whole of the flat.

The restaurant is below the flats at Leaside Court

“Then when I put the flat up with the local estate agent - we had about eight people come round and just say ‘we won't live in this environment with this noise’.

“The restaurant had promised it would be fixed by February.

“Then I was really lucky; I've got a really good tenant now who said ‘that's fine’, as they could put up with it until February.

“So we put in the contract that if it's not sorted by February we would not hold them to the contract, because it's not fair on a tenant to be in that situation.

“I also had to drop the rent.

“February comes and goes and nothing happens, and it has been almost a year now.”

With the help of retired solicitor and friend Denise Taylor, Ms Tinson was able to secure a visit to the flat by officers from the Environmental Health team at Folkestone and Hythe District Council (FHDC).

Mrs Taylor said: “When we initially went there, a glass of water on a table vibrated off the table and onto the floor - it’s unbearable.

“It’s so bad that a noise abatement order has been issued by Environmental Health and they have 30 days to sort it.

“They'd also fixed the system to the joists, which are immediately below Sarah's floor.

Denise Taylor, a retired solicitor and friend of Sarah Tinson, helped secure a visit to the flat by officers from the council’s Environmental Health team

“The joists are freehold property and no tenant is allowed to screw into those joists without the permission of the freeholders.

“The freehold is split between all the flats, however, there is a management committee and permission from that committee ought to have been sought and it wasn’t.”

After being served the order by Environmental Health, Mr Rajamenon has vowed to fix it.

He said: “I only just got the letter from the EHO. They are asking me to do certain things so I will deal with it.

“When I bought the property I complied, and they gave me a certificate to say everything was fine.

“Then they said about the vibrations which I have dealt with, and now they are saying there are still noise issues.

“They have given me 30 days to do it, which I will.”

A spokesperson for FHDC said: “The matter is currently under investigation and therefore we’re not able to comment on any actions that have or may be taken.”

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