Noise
Questions answered:
Telephone: (023) 9244 6017
Email: customer.services@havant.gov.uk
Visit: Customer Services reception in the
atrium of the Public Service Plaza, Civic Centre Road, Havant PO9
2AX
What is noise?
Noise can be defined as unwanted sound, whether it be too
loud, too intrusive, at inappropriate times or without warning.
Repetitive bass beats, screeching and whining are also types of
noise that can be annoying if unexpected.
Noise can come from a variety of sources including neighbours,
traffic, aircraft, industry, construction sites and interferes with
your enjoyment of home.
What is the law?
General noise nuisance is covered
by Part III of the Environmental Protection Act
1990 and enables local authorities to deal with noise from
fixed premises (including land), machinery and vehicles parked in
the street, provided the noise is sufficient to be considered as a
statutory nuisance.
Nuisance from loud speakers and
chimes in the street and noise from construction sites is dealt
with under Part III of the Control of Pollution Act
1974.
Section 79 -
defines noise as constituting a statutory nuisance for purposes of
the Act and imposes a duty on the Local Authority to inspect their
area in order to detect any statutory nuisance (not only
noise)
Section 80 - imposes a duty on a local
authority where it is satisfied of the existence or likely
recurrence of a nuisance to serve a notice and to take court
proceedings if necessary to remedy the situation.
Section 82 - allows the Magistrates Court to
act upon a complaint made by any person who is aggrieved by the
existence of a noise nuisance.
Sections 60 &
61 - provide the local authority with powers to control
noise from construction sites.
Section 62 -
limits the times during which loudspeakers may be sounded in the
street (i.e. ice cream van chimes)
Section 63 -
provides the Local Authority with the means to designate all or
part of its area as a noise abatement zone.
There are rights of appeal
against any action under these Sections.
What should I do if I am being
bothered by noise?
If you are being bothered by noise coming from a neighbour,
local business or manufacturer, stationary vehicle, or equipment in
the street, the first thing you should consider doing is to
approach the person/company responsible for the noise. You may find
that they are unaware of the disturbance they are causing - don't
always assume that people are being inconsiderate as it is quite
easy to make noise without realising its affect on other
people.
If you have a history of problems with your neighbour and
either you or they are Portsmouth City Council or Hermitage Housing
Association tenants, it may be worth contacting the
Portsmouth
Mediation Service, which operates a free, confidential and
impartial service for those parties in the Havant Borough. It is
run by local volunteers from many different backgrounds, who are
specially trained in neighbour disputes and understand that you may
be angry, upset, worried or frightened. The mediators will not take
sides, judge or blame and they will not tell you what to do. They
will provide an opportunity for you to talk and be listened to and
help find the best way to resolve neighbour problems.
The service helps with different types of disputes for
example, noise, children, rubbish, animals, property, damage,
boundaries and fences, harassment, parking and more. To find out
more information including how the service works and how to contact
them please visit the
Portsmouth
Mediation Service website or contact:
Portsmouth Mediation Service
If these initial steps fail to stop the noise, you can take
formal action against the person/company responsible for producing
it.
Who do I complain to?
The
Environmental Protection Act 1990 >> allows either the
Local Authority or an individual to take a complaint before the
Magistrates' Court. Landlords also have certain powers to act on
noise nuisance complaints.
If you want to speak to someone at the Council about a noise
complaint, you should contact Environmental Services who will put
you in touch with an Environmental Health Officer - telephone:
(023) 9244 6016, e-mail:
customer.services@havant.gov.uk.
Please be aware that unless the Council can substantiate a
noise complaint (i.e. is satisfied that the noise nuisance exists),
it will not be able to take the matter to a Magistrates'
Court.
Where the Council is not able to substantiate a noise
complaint, under Section 82 of the Environmental Protection Act
1990, the occupier of the premises affected by the noise nuisance
can take the matter to the Magistrates' Court themselves. In this
instance, you should contact your local
Citizens Advice Bureau or
Clerk to the Justices for advice:
Portsmouth Magistrates' Court
Winston Churchill Avenue
Portsmouth
Hampshire
PO1 2DQ
Telephone: (023) 9281 9421
What can my landlord do?
All landlords (both social and private) are able to take
action against tenants who breach their tenancy agreement. An
injunction can be taken out against the person causing the noise
nuisance, which is effective at the same time as allowing them to
keep their homes. Social Landlords (local authorities/housing
associations) are able to ask the court to attach the power of
arrest to such injunctions if there is violence/a threat of
violence. Obviously, the ultimate sanction that a landlord can use
against those who refuse to change their behaviour and who continue
to make their neighbours' lives a misery is eviction.
If it is agreed that the noise constitutes, or may constitute
a nuisance, the first step for the Environmental Health Officer
will be to approach the offender informally and advise them that
they are the subject of a complaint. The Environmental Health
Officer has to have regard to all aspects of the alleged nuisance
before taking further action. There are a number of varying factors
such as the reaction of individuals to noise, the time of day or
night, the volume of noise, its nature, duration and how often if
occurs, all of these factors have to be taken into account when
assessing nuisance. The word of the complainant is not sufficient
for the Local Authority to prove nuisance; the investigating
officer must be able to witness the nuisance, possibly on several
separate occasions.
If this fails, and he/she is satisfied that the noise is a
statutory nuisance (i.e. it fits the legal definition of 'noise
nuisance'), an abatement notice will be served on the person
responsible for the noise, or in certain circumstances, the
owner/occupier of or person responsible for the premises/offending
vehicle or machinery etc. This will require them by law to abate
the nuisance (stop making the noise altogether), and/or may limit
the time of day when the noise can be made. The person on whom the
abatement notice has been served has the right to appeal within 21
days of it being served.
What if the offender fails to comply with the abatement
notice?
If the person who has been served the abatement notice fails
to comply (without reasonable cause), he/she will have committed an
offence. The Council will then take the offender to the
Magistrates' Court.
For offences relating to domestic premises and private
vehicles, the Magistrates' Court may impose a maximum fine of
£5,000 with a further fine of up to
£500 for each day the offence continues after
conviction. Where the nuisance is produced on industrial, trade or
business premises, the maximum fine is
£20,000.
(Source:
DEFRA "
Bothered
By Noise - There's no need to suffer" >> leaflet).
The Council is able to gain entry to premises to stop the
noise nuisance. The most likely circumstance where this would
happen would be to stop a misfiring burglar alarm, although we also
have the authority to remove vehicles, machinery and equipment
deemed to be causing a statutory nuisance by being too noisy.
What if this still doesn't work?
Once the Council has fully investigated a complaint, and has
decided that summary proceedings would not have much affect, it may
seek an injunction in the High Court.
What about anti-social behaviour orders?
Anti-Social Behaviour Orders are not normally sought in cases
of noise nuisance. However, they may be appropriate in
circumstances where, when challenged about a noise nuisance, a
person resorts to verbal abuse, threatening behaviour or graffiti,
or where noise nuisance is just one factor in a pattern of
anti-social behaviour.
Final remarks
There are two sides to every story. Environmental Health
Officers investigate hundreds of complaints of domestic noise and
in many cases they find that the person being complained about has
just as plausible a story as the complainant. Environmental Health
Officers do not act for individuals professionally and unless the
Council is itself bringing a case they cannot take sides in any
dispute. If called upon to give evidence they will do so as they
find the facts, which may be different to your own views. Very
often it is found that relationships between neighbours are
strained and that the noise complaint is just part of a greater and
sometimes complicated dispute. In these circumstances the
Environmental Health Officer will often recommend the complainant
to take his own case. The Magistrates' Court then has to decide the
rights and wrongs of the situation.
Remember that the person you complain about may be able to
produce counter-arguments in defence, which are just as real to him
as your grievances are to you. One thing you must do is be quite
certain of the grounds of your complaint and that you are not
overreacting to a situation which many people find
acceptable.
How do I complain about the Council?
If you are not happy with the way the Council has handled your
problem, you should follow the complaints procedure for
Complaints Against
the Council. Please be aware that the Council has to follow
procedures and policies set out in law for dealing with noise
nuisance and so may not always be able to resolve your noise
nuisance complaint.
How do I complain to the Magistrates' court?
If the Council is unable to take action against the person
causing you offence, or you would prefer not to involve us,
according to section 82 of the Environmental Protection Act 1990,
you can complain directly to the Magistrates' Court. As with the
Council, the Court will have to be convinced that the noise problem
is causing a statutory nuisance (i.e. it fits the legal definition
of 'noise nuisance') before allowing you to proceed. Initially, you
should contact the Clerk to the Justices or your local
Citizens Advice Bureau for
advice about your complaint and how to proceed:
Clerk to the Justices
Portsmouth Magistrates' Court
Winston Churchill Avenue
Portsmouth
Hampshire
PO1 2DQ
Telephone: (023) 9281 9421
You may also arrange a fixed fee interview (regardless of
income) with a Solicitor to obtain advice about your
proceedings.
The decision to contact the Magistrates' Court should not be
taken lightly and you should try to resolve the problem informally
first. If speaking to them has no effect, you should write a letter
(keeping copies for your records) before taking it a step further.
If you decide to take action under section 82 of the Environmental
Protection Act 1990, you are required to give at least 3 days
written notice to the person responsible for the noise, describing
what you intend to do and the nature of your complaint (again, you
should keep a copy for your records).
It is important that you keep a written record of the dates,
times and duration of the noise problem and also a description of
the type of noise and how much distress it causes you in the
reasonable occupation of your home.
After considering all the evidence, the court will decide if a
summons can be issued and might ask you to serve it (by hand or by
post) on the person responsible for the noise nuisance.
You do not need to have a solicitor present at the hearing,
but can if you wish. You should also be prepared for the
possibility of having to pay the costs of taking the case to court
(your costs, your solicitor's and any witnesses you call).
Can I get help with my court costs?
It is not possible to get legal aid for this type of case,
although you may be financially eligible for the 'Green Form
Scheme' which provides free/subsidised legal advice and assistance
in the preparation of your case. Seek advice from your local
Citizens Advice
Bureau.
Disclaimer.
It should be noted that the information contained on this web
page is not a statement of law, but advice and guidelines on how to
deal with a noise complaint.
Contact Us:
Telephone: (023) 9244 6017
Visit: Customer Services reception in the
atrium of the Public Service Plaza, Civic Centre Road, Havant PO9
2AX