Taking your own action
It is possible that even after several visits to your property to
witness the noise nuisance, the investigating officer is not able
to pursue the matter for you. This may be because having
heard the noise, the officer may not feel that the noise would
represent a nuisance to the “average person”. E.g. the noise
may be during the day but disturbs you because you are
a shift worker trying to sleep during the day. Alternatively,
it may be that the random and intermittent nature of the
noise means that the officer was not able to visit when the
noise occurred and was, therefore, unable to confirm that it
constituted a nuisance.
Whatever the reason the council is unable to take the matter
further, you may take legal action yourself. Under Section 82
of the Environmental Protection Act 1990 you are entitled
to complain directly to the Magistrates’ Court. If the court is
satisfied that a nuisance exists or has occurred and is likely to
recur, it will make an order requiring the defendant to abate
the nuisance and/or prevent its recurrence. The court may
also impose a fine.
If you decide to complain to the Magistrates’ Court, you
MUST give your neighbour at least three days’ notice of your
intention to do so. The letter must be in writing and give
details of your complaint. Remember to date the letter and
to keep a copy of it.
The next step is to contact the Clerk to the Magistrates’
Court. The Clerk will then advise you what to do. You may
wish to do this yourself or you may engage a solicitor to do
this for you. However, you should remember that a solicitor
may make a charge for his services.
If you win the court case, you may still have to keep a record
of any nuisance caused by your neighbour in case further
legal action becomes necessary. Should you lose the case,
you may have to pay some of the costs incurred by your
neighbour in coming to court.
Legal action, whether taken privately or by the council, should
usually be used only as a last resort as the unpleasantness it
may cause may permanently damage your relationship with
your neighbour.
Contacting the council
If you need help from the council to deal with a noise
nuisance, ring Environmental Control on the telephone
number or use the email address below. The officer
assigned to the case will then contact you and investigate
your complaint.
Environmental Control
Noise Nuisance
Advice to help to resolve a
noise nuisance from a neighbour
[email protected]
(01482) 396301
County Hall
Cross Street
Beverley
HU17 9BA
Town Hall
Bridlington
YO16 4LP
Council Offices
Church Street
Goole
DN14 5BG
Public Protection Division
For general self-help advice, please visit our website:
Environmental Protection Act 1990
Noise and Statutory Nuisance Act 1993
www.eastriding.gov.uk/pollution
Noise Act 1996
Introduction
What can you do?
This leaflet has been produced by the Environmental Control
Section of the East Riding of Yorkshire Council. It is intended
to help you resolve a problem of noise nuisance being created
by any of your neighbours. This leaflet will tell you what you can
do to seek help in dealing with the noise nuisance and how you
can take action yourself to solve the problem.
Your first step should be to approach your neighbour and explain
politely that you are being troubled by the noise. Although you
may find this difficult, it is surprising how often neighbours are
unaware of the upset they are causing by their activities and will
readily do what they can to reduce noise.
Noise
Noise is simply defined as unwanted sound. Unwanted, that
is, to the person considering it a nuisance. The noise may arise
from a domestic or commercial activity. Whatever its source,
noise is a common source of annoyance and for some people
it can be very upsetting. Remember, no house or flat is totally
soundproof - everyone can expect a certain amount of noise
from their neighbours.
If you are being disturbed by noise from neighbours, there
could be three reasons:
They may be behaving unreasonably e.g. playing loud
music late at night
They may be behaving normally but the sound insulation
in the walls, floors or ceilings between you may not be
sufficient to cut out the normal sounds of everyday living
You may have become oversensitive to the noise,
particularly if you do not get on with your neighbours.
Some people will ‘tune-in’ to a particular noise and find it
annoying even when most other people would not
Noise in the street
The provisions of the Noise and Statutory Nuisance Act
1993 have extended the Council’s powers to deal with noise
nuisance from vehicles, machinery and equipment in the street.
Such nuisances may arise from misfiring vehicle alarms; musical
equipment; DIY car repairs; refrigeration units on lorries; the
warming up of H.G.V. engines.
The Council may take action to abate such noise nuisances
even if they arise from unattended vehicles and equipment,
although we shall make reasonable effort to locate the owner.
If the problem seems to be inadequate sound insulation, there
are a number of DIY solutions. A leaflet that may be helpful is
“Improving Sound Insulation in Your Home” which is produced
by the Building Research Establishment, Bucknalls Lane, Watford
WD25 9XX, telephone (01923) 664000, www.bre.co.uk.
If your neighbours continue to cause a nuisance, you should write
to them explaining what the noise is and its effect upon you,
asking them to stop making the noise. Keep a copy of the letter.
Start a diary, recording the dates and times of the noise nuisance,
a description of the noise and the way it affects you. Keep a record
of any further conversations you have and letters you write.
The Public Protection Division
If you complain to the council about noise you can expect a
response within 24 hours for an emergency and 5 working days
for a non-urgent complaint. If you write to us you should receive
a written reply within 10 working days.
Complaints about commercial noise and domestic noise in
private properties are dealt with by Environmental Control.
Complaints about domestic noise in council houses are dealt
with by Council Housing staff in the first instance. Dog Wardens
deal with complaints about barking dogs.
The complainant will then be required to complete a diary
to provide information regarding the occurrences and effects
of the noise. This information is needed to enable the council
to target its resources effectively, whether or not recording
equipment should be installed to monitor noise and will also
be used to prioritise cases. Failure to provide a completed
diary will therefore jeopardise the investigation of complaints.
In order to decide on the existence or absence of a statutory
nuisance the investigating officer will attempt to gather first
hand evidence of the noise complained of. This may be by
visiting at a time when the noise is likely to occur or by installing
recording equipment.
The council is expected to take reasonable steps to investigate
a complaint. For most complaints this would mean three visits
or installations of recording equipment. If by then sufficient
evidence has not been gathered to substantiate a nuisance,
the case officer may close the case and refer the complainant
to take private action.
A nuisance that is actionable by the council is difficult to define
precisely and is different in every case. There cannot therefore
be a set level applicable to every case. Where a relevant
standard exists to enable a noise to be measured objectively
it will be used. The Council will consider the following issues
when determining a case:
Volume (how loud a noise is)
Duration (how long it goes on for)
Regularity (how often has it happened)
During an investigation the complainant will be expected to cooperate with officers of the council. The complainant may be
required to keep a diary of noise problems and to provide a
statement of witness or attend court should formal action be
necessary to resolve the complaint. For this reason anonymous
complaints will not be investigated.
Time (night time noise is considered to be more intrusive)
The council will endeavour to investigate the complaint in a full
and professional manner and all staff engaged in noise control
work will be appropriately trained and experienced.
If it has been decided that a nuisance does exist, the council is
under a duty to serve an abatement notice on the person(s)
responsible. Failure to comply with the requirements of a
notice is an offence. The council does not however have a
legal duty to prosecute.
As a first stage, the subject of the complaint will be notified
that a complaint has been made about them. The complainant’s
details are not provided to the subject at this stage however if
the case results in prosecution the complainant’s details may
then become public.
Neighbourhood (what is the background noise level in the
area)
Malice (was the noise caused deliberately to upset).
Where appropriate, the council will consider use of other
powers such as the seizure of equipment when other action
fails to resolve a nuisance.