How to complain and how we investigate
In the first instance you should see whether
the problem can be resolved informally between neighbours. If this
fails or is not possible we have powers to take action under the
Environmental Protection Act 1990 to deal with complaints of noise
nuisance.
If you complain to us about noise we may ask
you to complete a noise record sheet which logs all incidents of
the noise over a period of time, usually three weeks.. From this
record we will decide how to proceed.
We will write to the person(s) causing the
disturbance to advise them that a complaint has been made but we
will not reveal who has made the complaint. However, please be
aware that depending on the circumstances it may be clear who has
complained by the very nature of the complaint. Further disturbance
could lead to noise monitoring equipment being left in the
complainant’s property to gather evidence and to establish whether
a statutory nuisance is occurring.
Probably the most common form of noise
nuisance, amplified music causes a problem by being played too
loud, too long and too late. The action we take will depend on the
nature of the problem and could range from writing a warning letter
to serving a legal notice. However, the officers on duty are not
expected to intervene at the time they witness the noise, unless
they are sure there is no risk to their safety or if they have the
assistance of the police.
Complainants should be aware that we must
witness the noise before taking action, and if the noise is thought
to be a statutory nuisance the law requires us to serve an
'abatement notice' on the person responsible.
To make a noise nuisance complaint please contact
us.
Information leaflet: Noise Nuisance - general
information ,
Statutory Nuisances - what happens
next?
If we can prove
the noise is a statutory nuisance, we are required to take action
under Part III of the Environmental Protection Act 1990 and this
would normally mean serving a Noise Abatement Notice on the
person(s) causing the noise nuisance. This can be the actual person
causing the noise or any person who is allowing the noise nuisance
to occur, for example the landlord of a property with noisy
tenants. The abatement notice would require the statutory nuisance
to be stopped and/or prevented from occurring again. If someone is
found guilty of failing to comply with an abatement notice they can
be fined up to a maximum of £5,000 for domestic noise and up to
£20,000 for commercial noise. If we serve an abatement notice
because of excessively loud music, but the problem continues, we
may also seize all the sound equipment that is causing the
problem.
The scope of the notice will vary with
different circumstances, and may require an immediate stop to the
noise or prohibit its recurrence, or, in cases where some work is
necessary, allow a specified time for compliance.
Failure to comply with an abatement notice is
an offence and the Council can prosecute. We may also take what is
called 'default action' in some cases, and this could involve
disabling car or intruder alarms or seizing stereo equipment.
Response Times
For complaints about car or intruder alarms,
we will deal with the matter on the day the complaint is made, or,
if the complaint is received during the late evening, as soon as
possible the next day. For other noise complaints, we will initiate
an investigation as soon as practicable but within a maximum of 5
working day
Taking your own action
There are times when, despite the best efforts
of our officers we cannot obtain the evidence necessary to take
action in respect of a noise nuisance; this can be due to the
unpredictable or irregular nature of the noise. In such
circumstances you may wish to consider taking your own legal action
under Section 82 of the Environmental Protection Act 1990. Please
be aware that this can be an expensive process and you are
encouraged to seek legal advice.
Briefly, the procedure is as follows:
- Keep a written record of the dates, times and nature of the
noise and make the notes at the time the noise occurs. It is
helpful if some indication of the effect of the noise can be
included, for example, "so loud I couldn't hear my own TV".
- Give notice to the person responsible for the noise that you
intend to make a complaint to the Magistrates' Court.
- Make the complaint to the Court.
- Give evidence at the court hearing.
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