A woman could lose her birds and be forced to kill several others, after a magistrates court insisted the animals have no place living on her land – which is so close to a village.
Animal lover Jess Marson, 33, could now be forced to cull her seven cockerels who crow early in the morning from a field that has been part of a countryside farm for more than a century.
The mourning chorus has been blasted by annoyed neighbours – who live close to the farm.
Speaking at Kirklees Magistrates’ Court, prosecutor Ian Mullarkey said that Mr Leader lived close enough to be disturbed by the animals, saying: “He complained that his sleep was being disturbed by cockerels crowing and affected him and his wife’s sleep.”
Miss Marson, an HGV driver, has since stood her ground on the appeal, despite being previously prosecuted for failing to reduce the noise.
After three appearances before a magistrates, Miss Marson has admitted failing to comply with noise abatement notices.
Following this, she signed an undertaking to remove the cockerels.
As well as keeping an assortment of animals, from goats, pigs, geese and chickens on the land leased from a working dairy farm, Miss Marson was given a two-year conditional discharge and ordered to pay £1,000 towards prosecution costs.
The extortionate court bills mean the HGV driver has been forced to move further away from the village of Scissett, near Huddersfield, and is now considering the future of all of her animals.
In one instance, the council’s environmental health officer visited Mr Leader’s home at 5.30am in April.
They reported that they found the cock’s crowing at an “intrusive level” and at a “frequency to prevent sleep and prevent the average person returning to sleep.”
Over the following mornings, the environmental health officers returned several times and heard the cocks’ crowing through closed bedroom windows.
In fact, on one occasion, five cockerels could be heard crowing 34 times in 13 minutes.
And another time, the cockerels were heard to crow 146 times in 30 minutes, Mr Mullarkey told the court.
Since being served with a noise abatement order, Miss Marson has made no effort to silence the birds.
And Mr Mullarkey went on to tell the magistrates: “Mr Leader said the impact of the crowing and its frequency intrusiveness has affected his quality of living and the enjoyment of his property.
“Now, Miss Marson has agreed to give an undertaking she will remove the cockerels from the land within 28 days and she will not bring or have any more cockerels on the land in any time after.”
In mitigation, Ben Bell said that despite his client attending court three times prior, it was “regrettable” that it had taken that many occasions to “resolve” the situation.
Speaking about the resolution, bench chairman Benedetto Paolozzi told Miss Marson: “The council started to engage with you and curb the time the cockerels were disturbing residents.
“You did not engage with the council. The cockerels were crowing at an unreasonable time and at a level that would ruin a normal person’s sleep and enjoyment of their own home.”
Miss Marson replied back: “I will be getting rid of the cockerels.
“I’ve got four weeks to find a home for them, but not everyone wants cockerels and if necessary they will have to be humanely euthanised. I am looking for someone to give them a home.”