Noise Pollution
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- Use our on-line report it form
When is noise nuisance a statutory nuisance?
Noise nuisance is covered by Part III of the Environmental Protection Act 1990. This law empowers local authorities to deal with noise from fixed premises. Additional powers are available to deal with noise from vehicles and machinery in the street, e.g. car alarms. Before action can be taken we have to be sure that the noise constitutes a statutory nuisance. This means that we have to prove that the noise is prejudicial to health and/or is causing an unreasonable and persistent disturbance to your lifestyle.
There are a number of different sources of noise pollution and the following are some examples:-
- neighbourhood noise (e.g. loud music)
- commercial noise (e.g. noisy machinery, pubs and clubs)
- barking dogs
- burglar alarms
- noise from construction sites
Neighbourhood noise
Excessive noise from neighbours can be frustrating and can cause a lot of unnecessarystress and worry. In many cases, the person making the noise is unaware that they are causing a problem and therefore the problem can be sorted out quite quickly.
Where this approach fails we can serve a notice on the offending party requiring them to abate the nuisance. If such a notice is not complied with then legal action can follow.
The Environmental Protection Act also contains a section allowing for a private individual to serve a notice and pursue their own action through the courts, more information on this process is available by e-mailing us.
Commercial noise
Noise from commercial premises is often dealt with in the same way as that from a domestic premises. However, in some cases we may not need to prove a statutory nuisance where the premises holds a licence under the Licensing Act 2003. Action can be taken against a premises that operates outside of its licensing agreement.
Construction sites
Construction sites are a very common source of noise pollution. They are often in areas which were quiet beforehand and therefore the noise generated from their activities is very noticeable. Construction noise is an anticipated part of a development and therefore a restriction on working hours is often prescribed as part of the planning permission.
The guidance times for noise related activities on construction sites are:
- 8am and 6pm Monday to Friday
- 8am to 1pm Saturday
- No working on Sundays or Bank Holidays.
Noise related work outside these hours would only be permitted if the operator could justify this work eg. necessary for health and safety reasons.
In addition, we would seek to ensure that construction work is conducted using what is termed 'best practical means'. This would include regular maintenance of equipment so that plant does not rattle and squeak, using sound reduced plant, eg using electric powered tools in place of diesel powered etc.
We also monitor construction activities to minimise pollution dust and other nuisances.
Getting noise stopped
If noise is a problem, there are steps you can take to get it stopped. The first thing to do is to speak to the person causing the noise. In most cases, if you ask politely, they will stop and your problem will be solved.
If this does not work and your requests to stop causing noise nuisance fail, you can report the nuisance by:
- Using our on-line report it form
- Calling us on telephone 01202 261700 during working hours
- Calling our 24 hour emergency line out of hours
- Taking out a magistrates court order to get the noise stopped
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