Selkirk OnLine
A right cock-a-doodle do
Kenneth Williamson gets to grips with Charlie in the wake of a compromise agreement that it is hoped will keep the bird from ruffling neighbours’ feathers with his crowing.
BLEARY-eyed neighbours campaigning to get a Selkirk cockerel silenced during night-time say they are happy to have agreed a courtroom compromise. Previously threatened with an ASBO, Charlie the Cockerel has now been placed under a curfew to prevent his constant crowing disturbing the sleep of nearby residents. A legal hearing on the fate of Charlie was averted at the last minute on Wednesday after a deal was thrashed out between the two parties involved in the year-long dispute.
The four-year-old bird is now being forced to stay in light-proof enclosed accommodation between the hours of 8pm and 9am from May 1 to September 30, and from 7pm to 7am from October 1 and April 30.
Charlie hit the headlines last year after it was revealed Scottish Borders Council had applied to Selkirk Sheriff Court for an anti-social behaviour order after neighbours complained he was crowing from 2.30am and exceeding the 30-decibel limit set by World Health Organisation guidelines. That move was put on hold when bed and breakfast owner George MacFarlane, who lives next door in the royal burgh, raised an action against Charlie’s owner Kenneth Williamson under the Civic Government (Scotland) Act 1982 for an order to curb the noise.
Two days had been set aside at Scottish Borders District Court this week for both parties to state their case. But the hearing was delayed for 90 minutes for behind-the-scenes negotiations between Mr MacFarlane’s lawyer Greg McDonnel and Mr Williamson. When the session finally got under way Mr McDonnel announced that there had been a successful outcome to the talks and produced maps which designated where Mr Williamson would keep his cockerel and also geese that he owns. It was agreed the cockerel would stay in a light-proof and enclosed space in an area further away from Mr MacFarlane’s property. His geese, which were also subject to a curfew, would stay on land owned by Mr Williamson across the main A7 road on the outskirts of the town.
JP Andrew Bramhall said: “This has caused both parties a considerable amount of grief for quite a while. Both parties have been looking for this result and it is in all your interests that an agreement has been reached.” But he warned Mr Williamson: “To breach an order to allow the cockerels out within these times would be the subject of criminal proceedings. It would then become a police matter.” Mr Williamson has been given four weeks to erect the light-proof sheds now required to house his birds.
The action had been raised by Mr MacFarlane and his neighbour John Emond. In a joint statement afterwards they explained that they and other neighbours wanted a court order against Mr Williamson because both families had suffered sleep deprivation as a result of the birds. They stated: “Members of both families have suffered life-threatening illnesses in which they need sleep to recover and rest. “Mediation was offered several times to Mr Williamson but was rejected. Both families are pleased with the outcome of the court hearing.” Afterwards Mr Williamson, 60, said: “I am happy to go along with the agreement reached in court. “But I have to say the whole thing has been ridiculous from the start. There is more noise from the lorries which go along the road outside our houses than from Charlie.
“You would think I had killed someone by all the fuss that has been caused.”
SBC’s ASBO application has been put on hold in the wake of yesterday’s court decision.
Selkirk Online is very grateful to Susan Windram and her team at the Selkirk Weekend Advertiser for supporting the site by providing this news item.