FOR people across the Dales the dawn chorus is one of the most natural sounds of the countryside. But that tradition came under threat after complaints that one noisy cockerel refused to wait until first light to begin his cock-a-doodle-doo.

Craven District Council slapped a noise abatement notice on Cocky after neighbours complained that his "alarm clock" crow woke them at about 4am.

However, this week, magistrates found in favour of Cocky and declared that residents living in the countryside should expect to hear animal noises.

Mary Jones, of 21 Kirk Lane, Eastby, who keeps the cockerel in her garden and appealed against the notice, said after the hearing she was glad the ordeal was over.

She added: "God does answer our prayers - in this case to help preserve the countryside that he created for our enjoyment. I welcome the opportunity, through your columns, to thank everyone who supported us through an extremely difficult time, with their prayers, letters, messages, or by signing the petition, to enable me to keep my cockerel."

Complainant Stuart Chambers, who lives at 21a Kirk Lane, told the court that since the cockerel had matured in the spring, he had crowed approximately every 10 minutes from about 4am until about 7am.

He said the bird was only about 15 metres away from his and his wife's bedroom window.

On behalf of the council, Corin Furness said the magistrates had to decide whether they thought the bird's noise was a "statutory nuisance." He said the definition of a nuisance was something that interfered with a person's enjoyment of their land or personal comfort.

He contended the noise was a nuisance as it was early in the morning, it reduced the amount sleep Mr and Mrs Chambers could enjoy, and it was continuous.

Mr Chambers said he had lived in the house for four years and had never had a problem with Mr and Mrs Jones keeping poultry in the past. He said four younger cocks were got rid of as they reached maturity and that an older one was kept housed so its crowing did not disturb them.

It was only as Cocky reached maturity and "its scratchy cock-a-doodle-doo became high pitched" that the problem arose. He eventually told Mr and Mrs Jones the noise was "absolutely deafening".

Lindsey Quinn, from the council's environmental health, said that on the morning of August 14 she and a colleague stood in a back bedroom at the Chambers' home, waiting for the cockerel to crow.

"It was intrusive. It interrupted our conversation," said Mrs Quinn, who concluded that the noise was a "nuisance".

She met Mrs Jones to discuss ways of reducing the noise, including cutting down the tree in which the bird roosted. When nothing was done the noise abatement notice was served in September.

Mrs Quinn admitted that they had not used equipment to record the noise levels.

On behalf of the appellant, Simon Catterall pointed out Mr Chambers lived in a predominantly rural area of the national park surrounded by farms and fields.

Mrs Jones told the court that she had kept poultry for 18 years and that the noise did not wake her up. Her previous cockerels had also been allowed to roost in the same tree and there had never been a complaint.

She added it would be difficult to house the bird as it was wild and when she had tried to keep it in a box previously, it had taken a month to catch it.

She said that neither she nor the council wanted to kill the bird and Mr Chambers had not wanted the tree cutting down.

"The only way I can think of to stop the crowing is to get him shot," said Mrs Jones, who argued this would set a precedent for other villagers who kept poultry.

Sylvia Hodgkinson, who lives at 17 Kirk Lane, said: "It is wrong that poultry or any farm animal should be persecuted in this way. It is a natural reaction for cocks to crow, owls to hoot, and birds to sing and cows to moo. It is part of country life."

Chairman of the bench Peter Munro quashed the abatement notice and ordered the council to pay £3,000 costs to the appellant.

"In a rural area in the national park surrounded by fields the bench feel animal noises including cockerels crowing are to be expected," he added.