The Tribunal Superior de Justicia de Andalucía (TSJA) has ordered the Council in Pulpí, Almería, to pay €45,000 in compensation to a family who have suffered ‘acoustic pollution’ for the past 15 years.
The family have a home in Urbanisation Costa Tranquila in San Juan de Los Terreros and in 1988, a licence was granted for the opening of a ‘merendero’. However, within a very short time, the ‘merendero’ became a late night music bar, not opening until 22:00.
The neighbours made their first complaint about excessive noise just 17 days after the merendero/bar opened and have been making regular complaints ever since.
Pulpí Council did carry out investigations during this time and the Local Police considered the noise levels in the bar to be ‘reasonable’ and ‘friendly’, despite these being measured at 56 decibels.
However, the TSJA ruled in favour of the family and has ordered the Council to pay €45,000 compensation. The family were requesting €6,000 per month for the 15 years of inconvenience but this was rejected by the court on the grounds that the house was a second, vacation home and was only occupied during the summer months.