LEGAL history could be made if Bromley Council is forced to help prosecute itself.

A man who lives between the civic offices and the Pavilion Leisure Centre in Rafford Way, Bromley, has issued proceedings against chief executive David Bartlett and the civic offices for creating a noise disturbance.

For the last six months, John Rugg and his family have suffered constant annoyance and sleepless nights because of a whining noise, believed to be air conditioning machinery which he thinks is in one of the two council-maintained buildings.

Mr Rugg said: It woke us up at night, we couldnt sit in the garden and we couldnt have the windows open. It was terrible. I couldnt relax.

The councils environmental health team carried out tests and found the whining was not coming from the offices but from another building and echoing back towards Mr Ruggs house.

The noise team has been unable to fully test the leisure centre, but says the noise could possibly come from a number of sources in the high road.

Last month, sleep deprivation drove Mr Rugg to issue proceedings against the council. Curiously, when the council was informed of the court date, the noise suddenly became quieter though not silent.

Mr Rugg said he would continue with proceedings until he has been told where the noise is coming from and why it took a court date to make the council deal with the problem.

Mr Rugg will have to issue proceedings against the leisure centre if he wants to get a noise abatement order against the council with the help of the council.

Head of the environmental health department, Jim MacGowan said: Although legislation has always existed for this to happen, in the 25 years I have been in the business, I have never heard of it happening before.

It is not going to happen now. I am here to stop the noise.