Noise Pollution

Introduction to Noise

The accepted definition of noise is 'sound that is unwanted by the recipient'. We are all familiar with noise in our surroundings, from traffic, factories or even our neighbours.

Noise is subjective – what annoys one person may not necessarily affect another – people react in different ways.

Under the provision of the Environmental Protection Act 1990 the Council is given powers to deal with noise which it considered amounts to a statutory nuisance.

Noise Complaints

There is no fixed level of noise which constitutes a nuisance; individual cases are judged on their merits.  A noise may therefore be irritating, but may not be a nuisance in the legal sense of the word.  Similarly there are no fixed time restrictions, but a noise at night is more likely to be disturbing than the same noise during the day.

Noise – What do I do?

Usually a direct approach by you to the person or firm responsible for the noise is the best way of securing an improvement.  This is especially true with noisy neighbours, but remember that you yourself may sometimes be guilty of causing noise which disturbs other people.  Any approach should be made in a polite manner – antagonising the person concerned may have entirely the wrong effect.  Keep a note of any further noise problems – time and date, nature of noise etc and note any approach you make to the person concerned.  If your neighbour rents their property, you may also consider contacting their landlord.

The Council has adopted procedures for responding to complaints and how it will carry out investigations into complaints of noise nuisance.  Please view the Council's Noise Nuisance Investigation and Digital Recording Policy

Be accurate: remember these records may be needed as evidence in any court proceedings.

Noise – What will the Council do?

Initially the Council will contact the firm or person responsible for the noise and advise them that a complaint has been made, and request them to take the necessary action to secure an improvement.  A visit may also be made to the site at this stage.  if the complaint is about a tenanted rsidential property, the Council will usually notify the landlord of the complaint.

In order to determine if it is a statutory nuisance you will usually be asked to provide written evidence relating to the times and dates when the noise occurs.  This evidence will be considered along with evidence gathered by the investigating officer. When deciding if a noise amounts to a nuisance, an officer will consider the type of noise, its volume, how long it goes on for and how the average person would react to it.  This same judgement has also to be used by the court should the matter result in legal proceedings.

Please note that the Council does not have an out of hours noise response service.  If your complaint concerns nightime or weekend noise then arrangements can be made to investigate this.

It is pertinent to point out that the following sources of noise are not covered by the Act.

• Noise from road traffic:
  This is mainly dealt with by the Police
• Aircraft noise:
  Military aircraft are outside the scope of noise legislation.
  Civil aircraft noise is the responsibility of the Civil Aviation Authority (CAA) or the Department of Trade and Industry (DTI).
  

What happens if the Officer is satisfied a nuisance exists?

If the noise is a statutory nuisance, the Council will approach the person responsible to resolve matter.  If this fails an Abatement Notice will be served on that person, or the owner or occupier of the premises where the nuisance arises.  This notice will specify that the nuisance must be abated and may detail how this can be achieved.  The person on who the notice is served may at this point appeal to a Magistrate.  If the recipient fails to comply with the requirements of the notice, proceedings will usually be taken against him in at Magistrates Court.  Sometimes the Council will seek to carry out 'works in default' to remedy a nuisance, where it is appropriate to do so - force an entry to silence an unattended burglar alarm, for instance.

Remember you may also have to make a statement or go to court in order to give evidence.

What if the Officer decides the noise can’t be dealt with by the Council?

Where an officer decides that the noise does not amount to a statutory nuisance the Council is unable to take any further action.

The Environmental Protection Act provides for the occupier of a premises to apply directly to the Magistrates Court if he or she is aggrieved by a noise they consider to be a nuisance.  If you wish to commence such proceedings you should contact the Clerk to the Court at Poole. (tel: 01202 745309).  You may also wish to consult your own solicitor or the Citizens Advice Bureau for further advice.

Finally

There are two sides to every story.  Officers investigate hundreds of complaints about domestic noise, many of which are justified.   However, in many cases they find that the person being complained about has just as plausible a story as the complainant.  Very often it is found that relations between neighbours are strained and that the noise complaint is just part of a greater and sometimes more complicated dispute.  The Council can only take action when officers are satisfied that a statutory nuisance exists.  If you think the Council may be able to help you please contact the Environmental Health Service.  For further information please view the flow chart for domestic noise complaints.

Need Expert Help?

There are numerous consultancies offering help and advice on how to deal with noise problems.  The Institute of Acoustics website contains their members register which you can search.

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