Noise Nuisance

 

Everyone has a different tolerance to noise. Loud exciting dance music can be stimulating to one person and dreadful to another. The construction of a building extension is necessary for the householder but can be cause a severe disturbance for the neighbour if work is still ongoing at 9.00 pm in the evening. We all make noise, what is important is that we take account of the effect it has on others and are mindful of what we can do to reduce disturbance. We must avoid noise becoming a 'statutory nuisance', which will adversely affect the environment and peoples wellbeing and enjoyment of their property and could result in legal action being instigated against the person causing the .

 

If you are concerned about noise coming from a neighbour's home, a local business or factory, or noise from stationary vehicles or equipment in the street, often the best way to deal with the problem is to go and talk to the person or company responsible for the noise and point out the problem. You may find they are unaware that they are disturbing you.

 

Noise problems are not always the result of inconsiderate behaviour. Some homes have poor sound insulation and may not prevent even ordinary day-to-day 'living' noises being heard next door.

There is no set level at which noise becomes a statutory nuisance. In deciding whether or not a noise is a statutory nuisance the investigating Officer will consider a number of factors including, the locality, the time of day or night, the loudness, and the frequency and duration of the noise complained of. If the noise only occurs from time to time, it will be useful for the person affected by the noise to keep details of the noise in the form of a diary.

 

In the majority of cases noise complaints are resolved informally. However if the noise is considered to amount to a statutory nuisance an Abatement Notice will be served. This will require the person responsible for the noise nuisance to take the necessary action to prevent the noise from continuing to cause a nuisance within a specific time period. A person on whom an Abatement Notice has been served has a right of appeal to a Magistrates Court within 21 days of it being served. Failure to comply with the Abatement Notice can result in Court action

 

Domestic Noise Nuisance
Local Authority Tenants should contact their Local Office in the first instance. Domestic noise nuisance has many sources, the most common being neighbour related noise complaints, consisting of dogs barking; amplified music; DIY work and burglar alarms. All noise complaints reported about residential properties are investigated by Private Sector Housing.

 

Mediation UK is a national voluntary organisation dedicated to developing constructive means of resolving conflicts in communities. Neighbour mediation is a way of resolving disputes, including noise, between those who live in the same locality or neighbourhood. For further information please see the Mediation UK website.

 

Dudley Council’s Public Protection Service receives complaints concerning Public Health Nuisances such noise, which can be dealt with through informal and formal action using both the Environmental Protection Act 1990 and the Control of Pollution Act 1974 and Noise Act 1996 if adopted.

 

1. Complaints should be directed to us at the contact details below, and can either be made in person, by telephone, by letter, fax or e-mail or via a third party, i.e. through your local Ward Councillor. In all cases it is important that we are given your full name, your address and, if possible any telephone numbers so we can contact you. Although you have given us this information, we will not make it available to the person causing the nuisance. However, it is likely they will guess who has made the complaint and if legal proceedings are necessary then you are likely to be required to attend any court proceedings as a witness on behalf of the Council. It is difficult to investigate anonymous complaints satisfactorily.

 

2. Next, we need to know as much information as possible about the nuisance.

 

1. With the information you have provided, an Officer will assess your complaint and decide if the matter is actionable by the Council or whether it needs to be referred to another agency.

 

2. If the matter complained of can be dealt with by the Council an Officer will attempt to contact you to discuss the matter and will inform of the likely approach to your complaint. This may be by visiting the area subjected to the alleged nuisance and informally contacting the person responsible. Depending on the circumstances the Officer may ask you, if you have not already done so, to keep a record of the incidents complained of so that a proper assessment can be made.

 

3. Whilst informal action is usually successful in resolving complaints the Officer might have to resort to formal action, e.g. the service of a Legal Notice.

 

4. If it is decided that a complaint is not actionable by the Council it may still be possible to take action yourself either by complaining straight to your local magistrate’s court or by taking Civil Action for Nuisance at Common Law.

 

5. It is our intention to resolve your complaint to a satisfactory conclusion within as short a timescale as is reasonably practicable. In all instances we aim to keep you fully informed of the action taken and the progress being made.