Neighbourhood Issues - Noise Pollution
- What is 'statutory noise nuisance'?
- Making a Complaint
- Formal Action
- To Complain or Not
- Taking Own Action
- Taking Civil Action
Noise can be any sound which annoys, intrudes or disturbs. It is 'sound which is undesired by the recipient'. You might be enjoying listening to your favourite band at a loud volume, but to your neighbour it is 'noise' when it intrudes into his living room or bedroom and causes annoyance. More than that it can cause your neighbour to lose sleep, suffer unnecessary stress, and become ill.
We are all familiar with problems of noise, and many of us have been guilty of inflicting noise on our neighbours at some time, and have had noise inflicted upon us, at home, at work, or outdoors. Noise pollution issues in environmental health fall roughly into noise from residential neighbours (hi-fi, barking dogs, noisy parties, house and vehicle audible intruder alarms), industrial and commercial (a local factory, construction site, or business such as a noisy bar), and other categories of noise sources which include transportation noise (road and rail noise, aircraft noise), and noise at work (strictly speaking a health and safety issue
What is 'statutory noise nuisance'?
What actually constitutes a statutory noise nuisance is difficult to define. Ultimately it may come down to a subjective opinion. "What would be the reaction of an average reasonable person to the noise?" is the question applied by the environmental health officer in coming to a decision.
In simple terms, if you are the person being subjected to the noise, ask yourself, is this the sort of problem which is wholly unreasonable in the circumstances? If the noise is enough to keep you awake most nights, then clearly this noise is unacceptable. If the noise is occasional, in the afternoon, and can only just be heard, and your requirement is absolute quiet during the day, this probably isn't a statutory noise nuisance, however much you personally find it irritating.
A few factors build up a picture of whether a statutory noise nuisance exists, and these include what time of day is the noise, how long does it go on for, how loud is it, and how often does it occur? Also, is this a known temporary situation, such as some essential but noisy building work, or is it a long standing problem such as loud music or a barking dog problem which is likely to continue for a long time if nothing is done about it, or recur often, such as frequent loud parties?
Making a complaint
All neighbour noise problems are best dealt with informally by having a chat with the neighbour concerned, or even a short polite note. Don't assume your neighbours know that they are causing you a problem. If you let them know you are having a problem then at least you give them a chance to sort things out without resorting to the law first! Sometimes there is a need for compromise. But, there are occasions when you don't want to approach a neighbour directly. You have the right to make a complaint about noise nuisance to the local environmental health offices.
Local Authorities have a duty to investigate noise nuisance complaints. Most complaints received by councils relate to domestic noise. The Environmental Protection Act 1990, Sections 79 - 81, defines a STATUTORY noise nuisance as being noise prejudicial to health or a nuisance from premises, and from vehicles, machinery and equipment in the street, and the powers of the local authority to deal with the problem. (Noise also includes vibration).
Remember also that the investigating officer (usually, but not always, a qualified environmental health officer) MUST have enough evidence of his own to build up a good case against your neighbour. Otherwise, how else can the Council take any further action, beyond perhaps a letter informing your neighbour that a complaint has been made and what it's about? You might be asked to keep your own diary of noise nuisance events, but this is not 'evidence'. The information is used by the investigating officer to 'score' the factors above, and decide on the best times to visit if necessary. The officer will assess all this information, and will be sufficiently experienced to know whether this case looks like one which needs further attention or is one which falls into the "ok, you have a problem, but this situation will be unlikely to be a case for statutory noise nuisance action". Without enough quality evidence, the Council is powerless to take any further formal action. However, if the Council has not already sent a letter, there may be enough information to justify an 'informal letter' to the neighbour at this stage. On the other hand, you also have to weigh the possibility that your neighbour will be offended by the fact you have the Council involved, and will the problem only get worse. It is your choice.
Formal action
On the other hand, let's say that your diary records scored highly if one was asked for, and that your complaint has been investigated. The environmental health officer agrees that a statutory noise nuisance exists. What then? The officer then has a duty to serve a 'Statutory Nuisance Abatement Notice' on the person causing the problem if they are known, or the owner of the premises, or both. The Notice will have to specify exactly what the problem is, and what action must be taken to comply with the Notice, and a time scale (usually at least 21 days which allows the recipient opportunity to appeal to the Court against the Notice. If it is an 'emergency' and in the public interest then this can be reduced to hours, for example when dealing with a continuously sounding audible intruder alarm when it is known the occupiers have gone away. In this case the Council will usually take steps to carry out the work after obtaining a warrant of entry from the Court, and recharging the costs to the owners or occupiers of the premises).
Sometimes the action or work required is straight forward, sometimes a bit more difficult. But if the Notice is not complied with within the stated period of time, i.e. the noise problem does not stop, then the Council is obliged to pursue further legal action because at this point the neighbour is guilty of an offence. Again, the Council needs to get more evidence to prove that the nuisance is still happening after the expiry of the Notice. If this evidence is available, then the council will issue a summons on your neighbour to attend court. Your evidence in court may be needed depending on the circumstances.
If the magistrate agrees that your neighbour is guilty of the offence of causing noise nuisance and failing to reasonably comply with a Nuisance Abatement Notice, the fine levied can be anything up to £5000. So if you are a person being accused of a noise nuisance, think carefully about the possible consequences. Courts these days take noise nuisance very seriously, and a first fine of £2000 is not unusual!
To complain, or not to complain?
You can see that the investigation of a noise complaint can take a long time to follow through. Let's be honest... the investigating officer can't sit with you 24 hours a day seven days a week on the off chance the problem will happen. It's also a problem if the noise only happens for short periods, and/or at unpredictable times, and/or at antisocial times which will usually be very late at night and into the early morning hours, that is times when you might reasonably be expected to be asleep. The investigating officer will only be able to make a limited number of 'night visits'. For this reason many council's now use 'precision' noise recording equipment, set up discretely in the complainant's home, to get enough initial evidence which may lead to service of a Notice. This is not a substitute for actual witnessed evidence which may be needed to pursue the case to Court.
Some Council's have 'after hours call out' on demand services, but most do not because of the expense. On the other hand, all officers will arrange to carry out 'night visits' usually by arrangement. What happens if each time the officer calls, the neighbour is quiet? Well, without evidence of the problem, what can the Council do? In fact, look at it this way, the evidence on the file is saying that the officer called several times, at the times when you say you have a problem, and has heard nothing.
Hopefully this doesn't put you off making a complaint about a noisy neighbour to the Environmental Health section of your local Council, but be aware of the limitations of the law, the investigation, and the need for actual evidence of your problem. Just saying you have a problem, and filling in a diary is not enough. However, on an more optimistic note, the vast majority of problems are sorted or sufficiently improved by a simple letter from the Council, especially if you have not been able to discuss the problem with your neighbour directly.
If you are in any doubt about the situation, the best action at this point is to ring the Council, and discuss the matter with the Environmental Health Officer. It doesn't commit you to any further action. On the other hand, you might be told that it's a case worth following up, and a course of action will be suggested. Don't be unrealistic about what can be done though, or how quickly. A procedure will be followed, and you should be told what this is so that you know what is happening at every stage of the investigation.
Taking your own action
There will be occasions when a noise has been investigated and you don't agree with the investigating officer's decision to do nothing more about it. Or often the officer has been unable to get any or enough evidence because the noise is unpredictable/late at night/for very short periods etc. which make it difficult to get evidence, but you are determined that something should be done. Section 82 of the Environmental Protection Act 1990 allows you to bring your own case to Court. Make a complaint to the Clerk of the local Magistrates Court. The Court will expect you to have detailed records of the problem, and it will also want to know why you are taking your own action, especially if the Council have refused to pursue the case, and why. Be ready to answer these questions. You will need to give your neighbour at least 3 days notice in writing of your intention to take the case to Court, and remember to give details of the problem. Date the letter and keep a copy. Allow the neighbour a 'last chance' to sort out the problem within a reasonable time scale before you take any further action as this will strengthen your case. You do not need a solicitor, but there are costs involved in taking your own action. Think carefully, and take the advice of the Court.
Civil Action
You can also take your own civil action for noise nuisance at common law by seeking an injunction and/or issuing a claim for damages for loss. If you wish to pursue this type of action, consult a solicitor or other qualified legal advisor because civil actions can be expensive.