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Noise pollution

Noise is generally regarded as an unwanted sound. It could be too loud, too intrusive or just happen at the wrong time or without warning.

For example, nobody enjoys being woken up in the middle of the night by a faulty car alarm set off by a gust of wind from a passing car.

If you are concerned about the noise coming from a neighbour's home, a local business or manufacturer or noise from stationary vehicles in the street, often the best way to deal with the problem is to go to the source.

Remember we all may be guilty of making noise at some time without knowing it. The problem is not always one of inconsiderate behaviour, even homes that have reasonably good sound insulation may not cope with noise from powerful modern equipment.

We also offer a free confidential keyholder service for burglar alarms in both residential and commercial premises. Just provide details of two keyholders and our emergency phone line, operated 24 hours per day, will contact one of the keyholders if notified of a problem with the alarm.

We also publish a noise policy which explains how we deal with complaints about noise and explains the law relating to noise issues.

You can report animal noise nuisance online.

You can report noise nuisance from a residential premises online.

You can report noise nuisance from a commercial premises online.

Contact: Environmental Health Tel: 01746 713150 Fax: 01746 764414

Email: health@bridgnorth-dc.gov.uk

Noise Policy

1. Introduction

Your Council recognises that noise, simply defined as unwanted sound, is a common source of nuisance and for some people it can be very upsetting.

The main problems are caused by barking dogs, loud music, banging doors and D.I.Y activities although industrial and commercial premises can also be the subject of complaints.

Noise in the street from vehicles, machinery and equipment can also be a problem but repair and maintenance of services is essential work which must be carried out. The Council will ensure that such work is carried out with as little disturbance as possible.

Environmental Health staff employed by the Council are committed to investigating noise related complaints and ensuring that individuals and communities retain the right to reasonable peace and quiet.

2. The Law

(i) Section 79 of the Environmental Protection Act 1990 states that noise emitted from premises which is *prejudicial to health or a nuisance, constitutes a ** 'statutory nuisance', and that it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances and where a complaint of statutory nuisance is made to it by a person living in its area, to take such steps as are reasonably practicable to investigate the complaint.

*(a) Definition of a statutory nuisance - 'Substantial interference of the use or enjoyment of a dwelling or land'

**(b) Definition of prejudicial to health - 'means injurious, or likely to cause injury to health'

(ii) Section 80 of the Environmental Protection Act - states that a Magistrates Court may act on a complaint made by any person that they are aggrieved by the existence of a statutory nuisance. If they are satisfied that the alleged nuisance exists, or if abated is likely to recur then the court may make an order requiring the abatement of the nuisance.

(iii) The Noise and Statutory Nuisance Act 1993 enables the local authority to deal with vehicles, equipment or machinery located in the street which are emitting noise which amounts to a 'statutory nuisance'.

NB This does not include noise from traffic

3. What to do if you are bothered by noise

(a) Approach your neighbour or the person responsible for creating the noise and try to resolve the matter by means of an informal chat. Explain politely that you are being troubled by the noise and try to reach an agreement about what can be done to reduce noise levels.

Although you may find this difficult it is surprising how often other people are unaware that they are causing annoyance and how successful this initial approach can be.

(b) If your neighbour or person responsible for the noise continues to cause annoyance you should write to them asking them to stop or reduce the noise.

Keep a copy of the letter and of any reply received and start to keep a diary recording dates and times and effects of any further noise.

(c) If all else fails then you should contact the Council's Environmental Health Section explaining the background to the problem.

Your complaint will then be investigated by the Council and you will be kept informed every step of the way.

(d) Noise in the street should be reported to the Council's Environmental Health Section immediately.

4. Procedure for making a complaint

(i) Members of the public may make complaints by either:-

(a) visiting the Council Offices, Westgate, Bridgnorth or by writing to the Director of Operational Services at Westgate.

(b) or by telephone (01746) 713150 and asking to speak to the Head of Environmental Health.

(ii) Persons making complaints must give their names, addresses and telephone numbers and details of the complaint including the name and address of the person responsible for causing the noise.

(iii) When SERIOUS nuisance occurs out of normal office hours/during public holidays then a complaint can be made by telephoning (01952) 677188.

This service must only be used in a real emergency and all other complaints should be reported the next working day.

5. Response to complaints

(i) All complaints relating to noise will be responded to within 5 working days.

(ii) To assist in the investigation of complaints, investigating officers may request complainants to keep a record of dates and times the nuisance occurs, together with its characteristics i.e. could it be heard over television.

(iii) Whenever possible the Council attempts to solve noise problems without recourse to formal legal action and in order to swiftly and effectively deal with a large number of complaints warning letters are sent to the alleged/confirmed offenders.

Such letters may be formal or informal and they frequently result in the abatement of the nuisance without the need for further action.

For a few, more serious complaints where nuisance is confirmed the sending of a warning letter may be inappropriate and in such cases a visit by Council staff and possible service of a noise abatement notice (which may in turn be followed by legal action) may be the preferred course of action.

Some complaints can be speedily resolved but others may take many weeks to progress to conclusion especially if court action is necessary.

If the Council are unable to confirm the existence of a 'Statutory Nuisance' due to the intermittency of the noise or the level of noise then the complainant may be advised to take their own action under Section 82 of the Environmental Protection Act 1990 and further advice regarding this procedure can be obtained from the Council.

Complainants will be kept informed of the progress of their complaint and if the Council is unable to establish that the noise is a `Statutory Nuisance' they will be informed of this fact and advised that they may wish to consider taking their own action.

6. Dissatisfaction with the service provided

Whilst every effort is made to swiftly and efficiently deal with every complaint relating to noise there may be occasions when a member of the public feels that the level of service has fallen below that which is acceptable.

The Council operates a `formal complaints procedure' which can be used in such situations and further details of this procedure will be given to any person on request.

Bridgnorth District Council

Bothered by noise - taking your own legal ation

Where, for whatever reason, the local authority has decided not to institute proceedings, or where you do not wish to involve the local authority, you can, if you are aggrieved by the existence of a noise nuisance, complain direct to the Magistrates Court under section 82 of the Environmental Protection Act 1990. The Magistrates will need to be persuaded that the noise about which you are complaining amounts to a statutory nuisance.

It is important that you keep a written record of the dates, times and duration of the noise, a description of its nature and the extent of the nuisance it causes you in the reasonable occupation of your premises.

Before complaining to the Magistrates, it is best to see if you can resolve the problem informally by writing to the person responsible for the noise. If you are unable to identify who is actually causing the noise, write to the owner or occupier of the premises concerned. Say that you consider they are making a noise amounting to a nuisance and unless they stop, or satisfactorily reduce the noise, you feel that you will have little choice but to take the complaint to the Magistrates Court.

If you decide to take action under section 82 of the Environmental Protection Act 1990 you must give 3 days notice in writing to the noise maker that you intend to do this and you can deliver this by hand or by normal post but make sure you keep a copy.

If there is still no improvement the next step is to contact the Clerk of the Court at your local Magistrates Court (Telford Magistrates Court Tel: 01952 291557). Tell them that you wish to make a complaint under section 82 of the Environmental Protection Act 1990, they will probably make an appointment for you to go and see them when the procedure will be explained and you will be asked to produce the evidence described above. You should also let them know if your local Environmental Health Department have been involved.

If the Magistrates decide that you have an arguable case then a summons will be issued and served on the person responsible for the noise, stating the date and time of the court hearing. The person responsible for the noise may well come to court to offer a defence and may perhaps even make counter accusations.

You do not need to have a solicitor to represent you at the hearing although you may do so if you wish and legal advice may be available from your local citizens advice bureau.

If the Magistrates decide in your favour the court will make an order requiring the defendant to abate the nuisance and specifying whatever measures it considers necessary to achieve this.

A person who without reasonable excuse contravenes any part of such a notice is guilty of an offence and can be fined. You should therefore continue to keep your record of any noisy occurrence up to date in case the order is being ignored and it proves necessary to return to court.

If the Magistrates find that a nuisance existed at the time of the complaint then they will award you reasonable costs against the person making the noise. In other cases Magistrates have discretion how to award costs so either you or the noise maker could pay all or part of both sides costs according to circumstances.

However there is no reason why costs should be high and you should not need to employ a solicitor.