What To Do About Noise Nuisance
What do I do about noise nuisance?
Noise nuisance is one of the most common complaints that the Borough of Poole and social landlords receive from residents. This fact sheet sets out some of the steps you can take to address a particular noise problem and which agencies may be able to help you. Some useful telephone numbers are included.
What is noise nuisance?
For residents this would be a very simple question to answer as being any noise that causes them distress or annoyance. For instance: slamming doors, car repairs, barking dogs, parties, car & burglar alarms, DIY, shouting, loud music or TV, noise from commercial premises such as pubs, factories and outdoor events. For the agencies who work in this field the definition may not match your expectations.
Environmental Health Officers will investigate all complaints about noise but they must be satisfied that the noise is a "statutory noise nuisance" before they can intervene. There is no clear definition of statutory noise but Environmental Health Officers are experienced in making decisions as to whether a noise is a statutory nuisance or is prejudicial to health. The decision as to whether the noise is a statutory nuisance is not straightforward and will depend on the type of noise, its frequency and duration, how often and time of day. An example of statutory noise nuisance would be loud music played every night at midnight that prevents you from sleeping.
What can I do if I have a noisy neighbour?
If you are suffering from persistent noise nuisance the first thing to do is to speak to the person who is causing the noise. In most cases, if you ask politely, they will stop as they may not be aware of the nuisance they are causing. If you are concerned that the person who is causing the problem is under the influence of alcohol or drugs, has mental health problems or is part of a larger group you should take extra care if approaching them.
When talking to your neighbour we recommend that you remain calm, refrain from making threats, do not shout or swear and set out your complaint in a clear and concise manner. You may then be able to reach agreement, sometimes you may have to compromise to do this. If the noise continues we recommend you continue to speak to your neighbour and make notes of the noise and your actions in a diary. If this fails to solve the problem you may need to take independent advice.
Who else can help me?
In cases of noise nuisance an outside agency may not be the best or only solution, or even be able to help you at all. In the first instance contact Environmental & Consumer Protection (E&CPS) at the Borough of Poole who will investigate and determine if the noise is a statutory noise nuisance.
- E&CPS investigate a complaint in line with the Noise Policy that has been adopted by the Borough. This will normally include writing to the complainant and perpetrator, issuing diary sheets, site visits and so on. In some cases they may install a machine that records the noise. If the nuisance is proven and official warnings have been ignored they may issue an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the notice may lead to prosecution through the courts. In addition any equipment involved in causing the nuisance may be seized and confiscated.
- Landlord: If you live in rented accommodation your landlord may have a duty to help you solve any noise problems, particularly if the perpetrator also has the same landlord. Tenancy and lease agreements usually contain clauses that prohibit tenants and lessees from causing noise or nuisance, breaches could result in eviction. Contact your landlord and explain the problem with times, dates, effect of the noise and actions you have taken. Your landlord will expect you to have spoken to the alleged perpetrator first.
- Mediation: You could suggest to your neighbour that you attend mediation organised by one of the specialist mediation agencies. An independent, trained mediator will attempt to bring you and your neighbour together in a positive agreement. This may be put into a voluntary contract.
- Solicitor: You may wish to speak to a solicitor for independent legal advice. They may write a letter to your neighbour or in some cases help you prepare an application to the court for an injunction to stop the nuisance. These interventions will have some cost implications, but you may have no alternative.
- Planning Authority: The Planning Design & Consultancy Service at the Borough of Poole may be able to help where planning regulations have been breached. This may be the case in noise nuisance from commercial premises and unauthorised businesses run from home such car repairs or retailing.
When does noise become anti-social behaviour?
Again, not a straight forward question. If the noise causes you alarm, distress and harassment it may be classified as anti-social behaviour. Noise has been known to be used as a weapon in harassment, a sustained campaign involving verbal abuse and noise can be very destructive and needs to be addressed. In these cases in addition to the above agencies the police and the council's Community Safety Team may be able to help.
- Community Safety Team: The Anti-Social Behaviour Co-ordinator may be able to advise or intervene if you believe you are being harassed by a neighbour. They may issue diary sheets, visit or write to your neighbour and involve other agencies in a co-ordinated approach. If there is sufficient evidence they may ask your neighbour to sign an Acceptable Behaviour Contract or help you mediate.
- Police: In most cases the police will not get involved in neighbour disputes and noise nuisance. The police would need clear evidence that harassment was taking place before they could act. If proven the police may issue an Harassment Notice in the form of a letter, if the alleged harassment continues the perpetrator may be arrested and charged and may appear before the courts.
In Conclusion
Do not expect a quick result when you involve other agencies as procedures must be followed and evidence gathered. Agencies will also expect you to have done whatever you can to resolve the problem and be prepared to give statements, to evidence your complaint, gain witnesses and to support your allegations all the way to court if necessary. You should also be prepared to accept that changing people's behaviour can often be difficult and time consuming, if not impossible and you may have to learn to live with a certain level of noise. Some of the problem may even be to do with the building itself or poor sound insulation. Therefore you may have to be prepared to add insulation to your internal walls.
Please bear in mind that agencies will not investigate vexatious or malicious complaints, or ones that lack the necessary evidence.
Useful Contacts
- Environmental & Consumer Protection
Borough of Poole
01202 261700 - Planning & Consultancy Services
Borough of Poole
01202 633677 - Dorset Mediation Services
01305 257717 - Dorset Police
01202 222222
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