Pollution Control - Noise
This can be a Statutory nuisance as defined under section
79(1) of the Environmental Protection Act (EPA) 1990 as noise
emitted from premises so as to be prejudicial to health or a
nuisance;
The term ‘prejudicial to health or a nuisance’ is something more
than mildly annoying and would need to either be injurious to
health or likely to cause injury to health, or interfere with the
normal use or enjoyment of property.
The environmental health officer, not the
complainant, makes the decision on whether an activity is a
nuisance. Case law requires us to act as the ‘standard person’ when
reaching the decision. Therefore, we cannot take into account those
who have a different or higher expectation than the average person.
These include people who work shifts, are studying or are ill.
The following are unlikely to be a statutory
noise nuisance:
- A one-off party
- Neighbours arguing
- A lawnmower used during the day
- A baby crying or dogs barking
occasionally.
The council has no control over the
following:
- Road traffic/revving engines on the
public highway
- People shouting/laughing or screaming
on a public road or footpath
- Air traffic noise
No maximum noise limit applies to noise
complaints. Each case must be judged on its merits. We will take
into consideration factors such as:
- the time of the noise (noise can be a
nuisance at any time of day or night)
- the duration of the noise
- the frequency of the noise
- the type of noise
- whether there is social acceptance (eg
bonfire night or church bells)
Where we are satisfied that a statutory nuisance
exists, or is likely to occur or recur, we will serve an
abatement notice.
Where any requirement of an abatement notice is ignored we
may
- Prosecute the person responsible for non-compliance with the
abatement notice
To make a complaint please contact Environmental Health