Domestic Noise Complaints
The Environmental Health Division
receive hundreds of domestic noise complaints each year; these vary
to include amplified music, barking dogs, DIY noise and loud
televisions.
In the greater majority of cases
the person responsible for the noise is unaware that they are
causing a problem and therefore once they are contacted by this
Division the problem is remedied informally. This is not to say
however that some noisemakers are well aware of the situation they
are creating and have initially chosen to ignore the neighbour who
has approached them about the situation.
In all complaints, a standard
procedure is followed to ensure that evidence gathered is in
accordance with the scope of the legislation involved - The
Environmental Protection Act 1990. Additionally, under Human Rights
legislation we are required to inform the person responsible for
the noise that a complaint has been made and that they may be
subject to an investigation. At no point however are the details of
the person making the complaint given out during the investigation.
However, if Formal Court proceeding are required the complainant
may have to act as a witness. The Environmental Protection
Act 1990 is designed to deal with severe and ongoing complaints
rather than one off events and this is why diary sheets are
required from the person making the complaint; without diary sheets
we are unable to progress with your complaint.
For further details on our
complaint procedure please visit our Noise Control - Making a
Complaint page using the link below.
Where diary sheets are returned then the investigating
officer will consider the options available to seek a remedy to the
situation if that officer judges that there is a case to
investigate. This varies on a case-by-case basis but will normally
involve the use of noise recording equipment.
As there is no maximum level of noise and contrary to popular
belief no hours of the day when you can make as much noise as you
like, noise recording equipment allows us to assess the noise you
are experiencing rather than the decibel level. We as officers then
have to put ourselves in the position of a 'reasonable person' and
decide whether a problem actually exists and whether that problem
amounts to a Statutory Nuisance.
Upon investigation it may be the
officers professional opinion that the matter complained off is not
severe enough to be classified a Statutory Nuisance, in which case
all parties will be informed and the case closed.
Where we think that a Statutory
Nuisance does exist we will try to reach an informal solution.
Where we can, we offer advice and help to both parties and monitor
for any improvements.
However, where we find that our
informal approach is not successful and a problem continues we will
serve a formal Notice - an Abatement Notice - requiring a remedy to
the situation within a set period of time.
Failure to comply with an Abatement
Notice can lead to prosecution, fines and even seizure of equipment
where this is thought to be the swiftest remedy.
In some cases more evidence is
needed to secure either the service of a Notice or to prove the
breach of a Notice. In these circumstances, an officer will try and
attend during the noise event itself.
