Wildlife rescuer, 60, taken to court over fox enclosure causing overbearing smell neighbours says stops them going outside
A wildlife rescuer has been taken to court over her fox enclosure causing an overbearing smell which neighbours claim stops them venturing outside.
A wildlife rescuer has been taken to court over her fox enclosure causing an overbearing smell which neighbours claim stops them venturing outside.
Juliet Auburn - who looks after as many as 16 foxes at any one time - has been hauled before a judge over the overpowering smell emanating from the garden of her £800,000 home.
Neighbours claimed the stench was so bad, the vegetable patch on their £1 million property is now overgrown with weeds because they couldnt bear to be outside and tend to it, a court heard.
Environmental Health officers who investigated the smell told the court hearing that it was revolting, omnipresent, and made them feel ill.
Ms Auburn, 60, has cared for sick and injured animals for years and is said to have a particular expertise in foxes.
Juliet Auburn - who looks after as many as 16 foxes at any one time - has been hauled before a judge over the overpowering smell emanating from the garden of her £800,000 home
Ms Auburn, 60, has cared for sick and injured animals for years and is said to have a particular expertise in foxes. File photo of a fox
The property on the leafy road has garden space and is bordered by woodland
At her large home on a country lane by the Hampshire-Surrey border, Ms Auburn built a fox enclosure, made up of several pens.
Each property on the leafy road, just outside the village of Grayshott, has an acre of garden space and is bordered by woodland.
The court heard that Ms Auburns foxes pens were just two metres away from the garden owned by Frank Gates and his wife, who live next door to Ms Auburn in a detached bungalow.
At Basingstoke Magistrates Court, Hants, Ms Auburn is being prosecuted by East Hampshire District Council.
It is alleged that she breached an abatement notice given to her in 2017, after previous complaints about the scent from her property.
It was heard she did manage to neutralise the smell at first, but in March 2023 the council launched an investigation after fresh complaints from Mr Gates over the urine stench.
Environmental Health officers said they found Mr Gates vegetable patch full of weeds because he was unable to spend time in his own garden.
On one council visit Mr Gates was joined by fellow neighbour Russell Favell, who had also complained about the smell.
Basingstoke Magistrates Court heard that on two visits to the property officers found that the smell was bad enough to be a statutory nuisance, although on one other occasion it did not meet that threshold.
Prosecutor Edward Elton said: On May 26, 2017, East Hampshire District Council received a complaint for Mr and Mrs Gates that they were being disturbed by a smell.
The smell was overwhelming and preventing them from enjoying their garden.
An abatement notice was issued.
Council pollution team leader Gemma Richards told the court that the council was then called by Mr Gates in April 2023 because the smell was once again affecting them very badly.
She said: Mr and Mrs Gates had called the office, they reported at the time of their call that they were being very badly affected by the smell coming from the foxes.
Ms Richards said she then visited the property on April 20, 2023, to assess the smell and Mrs Gates was very upset.
She was very upset, she was crying. The smell was difficult to describe, it was an unpleasant smell.
At Basingstoke Magistrates Court, she is being prosecuted by East Hampshire District Council
The court heard that Ms Auburns foxes pens were just two metres away from the garden owned by Frank Gates and his wife, who live next door to Ms Auburn in a detached bungalow
Giving evidence, Charlotte Adcock, who shares the team leader position with Ms Richards, explained that she visited the Gates property on May 3, 2023.
Ms Adcock said: When I opened the car door I was hit by a very strong smell which I know to be fox urine.
I have a dog who likes to roll in fox poo, I find it quite offensive. If I didnt have to do the visit I would have got back in my car and left.
Mr and Mrs Gates have a patio at the rear of their bungalow, a vegetable patch, a greenhouse they like to use.
I decided I wouldnt want to use the patio at all, it was just revolting.
It was overpowering, sickly sweet, it made me feel ill, I had to leave and I could hear the foxes crying too.
It was my view that on that day the smell was so omnipresent I wouldnt be able to use my garden, it was a breach of the notice.
The vegetable patch was full of weeds, I wouldnt want to garden in that garden.
Barrister Angelica Rokad, defending Ms Auburn, claimed the council felt pressured enforce the notice and informal ways of handling the situation were not explored.
Ms Rokad said: What Ms Auburn will say is the council felt pressured to do something so has enforced the abatement notice.
During cross examination of Ms Adcock, Ms Rokad asked her if the smell could have come from the woodland that bordered both properties.
Ms Adcock said: I witnessed the odour coming from the boundary pen, I didnt need to visit the woodland, the smell is on a different scale.
It is incomprehensible that the smell came from a woodland.
The trial, which is expected to finish on Friday, continues. Ms Auburn denies breaching an abatement notice.
