Do you suffer from a neighbourhood noise problem?

There are four possible courses of action that you can take.

1. The Direct Approach

Try talking or writing to those responsible for the noise, explain politely that you are being troubled by noise and the difficulties they are causing. You may find this difficult, but often people are unaware that they are causing a problem. Most will be glad to do what they can to reduce the noise; a reasonable approach may encourage a reasonable responce. Approach a matter carefully if you think your neighbour might react angrily to a complaint. If this approach fails the Council may be able to help.

They are no fixed levels of noise which constitute statutory nuisances. Each case needs to be judged on its own merits.

2. Contact Environmental Health via Customer Service Direct

Section 80 of the Environmental Protection Act 1990 gives the Council powers to deal with noise which amounts to a nuisance. These powers extend to noise likely to occur or recur.

If, on investigation, the Council's Officer is satisfied that the noise may constitute a problem, he or she often tries to resolve the matter informally. Failing this, the Officer may serve a Notice on the person responsible, requiring abatement of the nuisance and perhaps specifying action to achieve this. If the notice is not complied with, proceedings can be taken in the Magistrates' Court. The penalty on summary conviction is a fine.

Under the Act if the noise nuisance arises from a business, it is a defence to prove the best practicable means have been used to prevent the nuisance. This is recognition of the limit to what can reasonably be done, taking account of cost, current technology and local circumstances.

3. Complain Direct to a Magistrate

If, following an investigation, your complaint cannot be substantiated by the Council, possibly as a result of the noise not occurring at the time of the Officer's visit, you will have the right to complain to the Magistrates' Court.

Under the procedures laid down by Section 82 of the Act you may make a private complaint to the Magistrates' Court; if you wish to do this you are recommended to either:

a) See a solicitor
or
b) Contact the local office of the Clerk to the Justices for guidance upon what you should do to bring the matter before the Court.

Many solicitors operate a Legal Aid Scheme and it maybe possible to get free legal advice and representation in court.

If the Magistrates' Court decides in your favour, it will make an Order requiring the defendant to abate the nuisance and specifying whatever measures it considers necessary to achieve this. If the defendant then contravenes any requirements of such an Order, you may take the matter back to court, where the defendant, on summary conviction, may be fined. It is important at all times before and after any such case, to keep an accurate record of noisy occurrences.

4. Civil Action

It is also possible to take civil action for noise nuisance at common law by seeking an injunction to restrain the defendant from continuing to create a nuisance. To succeed in such a case you must show that the noise causes inconvenience beyond what occupiers in the neighbourhood may be expected to bear.

This type of action can be very expensive. Therefore, it is advisable first to seek the advice of a solicitor. In a civil action, the defence of best practicable means is not available.