Fact Sheet
Statutory Noise Nuisance
What is a statutory noise nuisance?
A statutory noise nuisance can be described as a situation which is having a material
effect on the way in which you live at your property. It usually has to be affecting
lifestyle or enjoyment in a serious way and must either be very severe, frequent or
prolonged.
If you wish to make a complaint about a noise nuisance, your complaint will be
assessed in terms of its effect upon an average reasonable person. It would be
unrealistic to expect people not to cause the occasional annoyance. The Council is
unable to investigate anonymous complaints.
What can the council do on my behalf?
The Council has a legal duty under the Environmental Protection Act 1990 to
investigate complaints of noise from domestic, commercial and industrial sources.
Domestic complaints include loud music, DIY activities, barking dogs etc. Industrial or
commercial complaints include factory machinery, ventilation fans, construction sites,
entertainment activities etc.
It is the Council’s policy that complaints of noise arising from premises should be
dealt with informally whenever possible and that legal action should only be taken in
cases where it is unavoidable.
How does the Council investigate noise complaints?
1 If you would like the Council to investigate a noise problem you will need to
contact the Environmental Protection Team and make a formal complaint. On
making a complaint you will need to provide your contact details, details of the noise
and its source, the person(s) concerned and any other relevant information that you
may have.
2 A letter will be sent to the person(s) alleged to be making the noise to let them
know that a complaint has been received and asking them to ensure that the
disturbance does not happen again.
You will be sent an information pack and diary sheet which you should start to
complete straight away. The diary enables an Officer to get an idea of how severe
the problem is and therefore what priority to give it. It will indicate the best time
for an Officer to visit to witness the noise or install monitoring equipment. Diary
sheets are also very important because they can be used in Court as part of your
evidence if legal proceedings were to be taken for your case.
3 If the noise problem is on-going, continue to make notes on the diary sheet and
return it to be assessed when you have three weeks of entries. If you feel the
problem is too serious to wait for three weeks, please contact us and an Officer
may be able to arrange an earlier visit or other action.
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4 The Council does not operate an out-of-hours nuisance service. If you have a
serious problem out of normal working hours please contact us as soon as possible
the following working day.
5 Records of any conversations you have had with the person(s) causing you the
noise problem and letters sent or received should be kept. We may wish to see such
correspondence; this will be returned to you.
6 On receipt of your diary sheet, an Officer will decide on the most appropriate
course of action, this may be visits to your property to witness the nuisance or
installing noise monitoring equipment. If a statutory nuisance has not been
established after installing noise monitoring equipment twice or by the second
Officer visit, this will mean the end of the investigation.
7 The Council can only take formal action if the noise is determined to be a
statutory nuisance. A Noise Abatement Notice will be served on the noise maker or
the owner of the property requiring them to abate the nuisance.
8 If the Notice is ignored, prosecution may follow with a fine of up to £5,000 for
nuisance from domestic properties, or up to £20,000 where commercial or industrial
premises are involved.
9 You may be asked to provide a Witness Statement for use in Court should your
complaint proceed to this stage. If you are not prepared to give a statement it is
unlikely that the Council will be able to take formal action.
10 If, following investigation of the nuisance, formal action cannot be taken by the
Council then you may wish to consider taking legal action yourself. Further details on
how to do this can be found under the heading ‘What else can I try?’ below.
If the problem is resolved before the investigation is concluded, please let us know.
What else can I try?
• In many cases the noise maker may not even be aware of the disturbance that
they may be causing. Discuss the problem with them if you feel it is appropriate
and safe to do so and try to come to a common understanding.
• Contact the Somerset Mediation Service on 01823 352210.
They may be able to help both parties reach an agreement.
• You can complain about a noise
nuisance problem direct to the
Magistrates Court and take your own
action under Section 82 of the
Environmental Protection Act 1990.
For more information please request
a copy of the ‘Taking your own action
for Nuisance Problems’ leaflet from
the Environmental Protection Team
and seek the advice of a solicitor
and/or the Citizen’s Advice Bureau.
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Noise Complaint FAQs
Question: At what time can noise cause a statutory nuisance?
Answer: At any time of the day or night.
There is no set times laid down by law. Unfortunately though things are not as simple
as that. It really is a question of what is ‘reasonable’ behaviour. It is unrealistic to
expect silence all the time.
Question: How loud does a noise have to be before I can make a complaint about it?
Answer: Once again there is no set level/volume laid down by law. When investigating noise complaints, the
location, time and noise level are just some of the things that are taken into account by the investigating Officer.
But as a general rule, noise at night is more disturbing and more likely to be a statutory nuisance than daytime
noise.
Question: If I make a formal complaint to the Council will my details be kept confidential?
Answer: During an investigation your details cannot be revealed without your permission under the Data
Protection Act 1998. However, if the case reaches the stage of going to Court and a statement is required from
you to support any action taken by the Council your details can no longer be kept confidential.
Question: What types of noise complaints are the Environmental Protection Team normally unable to help
with?
Southwest One Design & Print (TDBC) 12681/ST/3.2013 EP006
Answer: We are normally unable to take action in relation to general living noise such as footsteps, flushing
toilets, washing machines, vacuum cleaners, moving furniture, general talking, children playing/crying. This is because
it is not unreasonable for a person to use the space within which they live to carry out any of the normal
everyday tasks and activities. We are also unable to deal with complaints of very short term, irregular,
unpredictable noise e.g. door slamming.
If you require further
information please contact:
The Environmental Protection Team,
Taunton Deane Borough Council,
The Deane House, Belvedere Road,
Taunton, TA1 1HE
Tel: 01823 356339 Fax: 01823 351801
Email: [email protected]
www.tauntondeane.gov.uk
If you would like this document translated
into other languages or in Braille, large
print, audio tape, or CD please telephone
us on 01823 356339 or email us at:
[email protected]
01823 356339
[email protected]
01823 356339
[email protected]
01823 356339
[email protected]
01823 356339
[email protected]
01823 356339
[email protected]
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