Noise

Dealing with Noise and Nuisance

Noise Nuisance

Noise can be a form of pollution. It can affect all of us. Anything from noisy neighbours to machinery in a local factory can be a problem. There are some ways of dealing with it.

What can I do if I am affected by noise?

The action you can take depends upon the nature of the noise nuisance. Is it an isolated occurrence such as a party held by normally quiet neighbours, or is it more often? It may be that the noise is from an industrial or commercial premises.

If you decide that it is right to complain you should first talk to the person who is causing the nuisance. They may not realise that they are disturbing you. Most disputes are best settled by people talking over their problems and showing consideration for each other.

What happens if the noise continues?

The Environmental Protection Act 1990 contains the law for this situation and allows the Council, or you to take a case to the Magistrates Court. The Council's Environmental Health Officers at Pathfinder House (Telephone 01480 388388) will be happy to give advice and make an assessment of the situation if requested.

The Environmental Health Officer will advise you whether the Council can proceed further on your behalf. At no time during the Officer's assessment of the situation will your identity be disclosed unless the Council is legally bound to do so, although it may be clear to the person creating the noise who is complaining.

Legal Action

Obviously taking the matter to Court should only be considered as a last resort.

There would need to be substantial evidence of nuisance and you will need to make a record of all incidents which occur. It may take several months to get sufficient evidence depending on the nature of the noise nuisance.

You must also be prepared to go to Court to give evidence. Your evidence will be important in persuading the Court to grant an Order.

A Court Order will mean that the person responsible will be required to stop causing the nuisance.

The Environmental Health department has investigated my complaint and has advised me that they are unable to establish a nuisance

One person may be able to accept a noisy situation, which to another would be intolerable. Environmental Health Officers make judgements on noise nuisance on the evidence available to them. The level of noise, its nature, how long it goes on for and when it occurs, are all factors which have to be considered. The crucial point for the Environmental Health Officer is whether the Council, represented by them, is satisfied that noise amounting to a nuisance exists. The Magistrates at Court must also make this same judgement.

The Environmental Protection Act allows for one person to take a case to the Magistrates Court without the Council being involved. This can be used where a person believes the Council was wrong or where the Council is unable to act.

How can I proceed to take a case to the Magistrates Court myself?

Keep a detailed written record of dates and times of the noise disturbances. Try to make an assessment of the loudness. This is often difficult but can sometimes be described by reference to another sound, e.g. interfering with normal speech. Any records need to be clear and simple, and should be written as soon as possible after the event whilst your memory is fresh. You will have to present your records on oath in Court.

Write to the person responsible for the noise. You may or may not have already spoken to them. Inform them that the noise they are creating is a nuisance and that unless it can be reduced to a reasonable level you will have no alternative but to make a complaint to the Magistrates Court. Make sure the letter is dated and KEEP A COPY it may help your case later.

If verbal or written approaches do not succeed, the next step is to contact:

The Clerk to the Justice Office
Peterborough, Huntingdon & Fenland Magistrates Court
Bridge Street
Peterborough
PE1 1ED
Tel: (01733) 201348

Tell the Clerk you wish to make a complaint under Section 82 of the Environmental Protection Act 1990. They may want to make an appointment for you to go and see them. Let them know that the Environmental Health Department have been consulted.

The Justices Clerk will inform you of the date and time of the Court hearing. The person you are complaining about will also be informed and will probably come to Court to defend the case or perhaps to make counter accusations.

Although not essential, you can engage a Solicitor to act for you. If you do not use a Solicitor, information on Court procedures can be provided by the Justices Clerk's Office.