Environmental health

Noise pollution

Local authorities have a number of powers to deal with noise. The main legislation is that relating to statutory nuisance in Part III of the Environmental Protection Act 1990 (www.opsi.gov.uk/acts/acts1990/Ukpga_19900043_en_1.htm). Noise is defined as unwanted sound and it can originate from a number of sources, such as: amplified music, barking dogs, machinery, construction and DIY activity, alarms and transport. Please note that some neighbour noises, such as from children, raised voices, footsteps, doors being closed etc., cannot normally be dealt with under the Environmental Protection Act. Also, the council has no enforcement powers to remedy complaints of noise caused by aircraft, road traffic and trains.

The environmental protection team deals with a very large number of noise complaints, the vast majority of which are dealt with informally. Should this not be possible the council can take formal action. There is no set level of noise which is too loud or that will automatically result in action being taken by the council. There is also no set time when music or any other sort of noisy activity must end.

Statutory nuisance

Local authorities have a duty to inspect their areas to detect whether a statutory nuisance exists or is likely to occur or recur. This usually involves an initial investigation following any complaint of statutory nuisance from a local resident. Statutory nuisances are mainly defined in the Environmental Protection Act 1990 as something which seriously disturbs the comfort and enjoyment of a person's property including:

• noise emitted from premises so as to be prejudicial to health or a nuisance;
• smoke emitted from premises so as to be prejudicial to health or a nuisance;
• fumes or gases emitted from premises (private dwellings only) so as to be prejudicial to health or a nuisance;
• any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
• any accumulation or deposit which is prejudicial to health or a nuisance;
• any animal kept in such a place or manner as to be prejudicial to health or a nuisance.

Domestic noise

Noise from neighbours can be very irritating, annoying or at worse, very disturbing. The majority of noise problems can be resolved by talking to the person responsible, as they may not be aware that their activities are causing disturbance. Usually this action can help to resolve the matter amicably, without the need for environmental protection to become involved. However, if talking to your neighbours does not help to resolve the issue or if you would prefer to discuss your concerns with someone beforehand, then Medway Mediation may be able to help.

Medway Mediation is a free, independent service that makes use of trained mediators to talk to you to find a solution to the problem. The local mediation service is:

Medway Mediation
77a High Street
Chatham
Kent
ME4 4EE
01634 832285
Email: medwaysue@btopenworld.com

In some cases, environmental protection may decide not to take further action. This may depend on the number of complaints received or lack of substantial evidence of nuisance. In such cases, you may wish to take you own private legal action by complaining directly to the magistrates court under Section 82 of the Environmental Protection Act 1990. The procedure is fairly simple and need not cost much. For further information and advice please contact the environmental protection team or use these advice notes (pdf 20KB).

To use this files you will need Adobe Acrobat Reader. If you do not have it on your computer, please use our advice page.

You do not need to employ a solicitor but it may help to get some legal advice. Free legal advice is available from the Citizens Advice Bureau at www.citizensadvice.org.uk/. You should remember that if you decide to take your own action the council will not become involved in your case and cannot be held responsible for the outcome.

Many local authority noise teams have reported an increase in neighbour complaints and disputes arising from stripped-board, laminate and wood block floors. A guidance document on ways to reduce noise transfer is available from Defra on www.defra.gov.uk/environment/noise/research/hardfloors/index.htm

Formal approach

Once the council has received a complaint of alleged statutory nuisance, it will normally contact the person concerned informing them that a complaint has been received and that the council will investigate the matter. It will consider a number of factors including:

• diary records submitted by the complainant; ·
• location;
• time;
• frequency;
• duration;
• have reasonable steps been taken to prevent the problem?

It is often difficult for council officers to witness the problem especially if it is of an intermittent nature. It is therefore important that diary sheets are completed (pdf 22KB).

This provides further evidence should it be required and also allows the council's environmental health officer to visit at an appropriate time to witness the problem. Should the officer decide that a statutory nuisance exists or is likely to recur, they will usually attempt to resolve the matter through informal discussions with the person concerned. If it fails, a formal abatement notice can be served on the person responsible for the nuisance. The notice will require them to stop or restrict the nuisance and may specify any works necessary to achieve this.

If a notice is served, the recipient can appeal to the Magistrates' Court. It is at this stage that you may be required to give evidence in court and your details given to any solicitors acting for the person you are complaining about. Should this happen the council will give you as much advice and support as it can.

If the recipient of the notice fails to comply without a good reason, they are committing an offence and may be prosecuted. The council will need to witness the nuisance again and you may be required to give evidence in a Magistrates' Court.

The council also has powers to gain entry to premises, vehicles, machinery or equipment to abate a noise nuisance and has powers to seize noise-making equipment and can apply for it to be disposed of.

Noise from barking dogs

Constant barking or whining of a dog can also irritate and disturb neighbours. Many owners do not realise that the problem is occurring as it usually only occurs when the dog owner has left the dog alone in the property. Like neighbourhood noise problems, disturbance from a barking dog can usually be resolved by talking to the person responsible, as they may not be aware of the situation. However, if talking to your neighbours does not help to resolve the issue, then Environmental Protection may be able to help. See the following DEFRA guidance leaflet on www.defra.gov.uk/environment/noise/pdf/barkingdog.pdf

Vehicle alarms

Car alarms can occasionally give rise to serious noise nuisance due to faulty setting or false alarms. If an alarm sounds continuously or intermittently to such an extent that a statutory noise nuisance is caused and the keeper cannot be contacted within a reasonable period of time, environmental protection may have no option but to take formal action. This action can include the service of a noise abatement notice and the silencing of the alarm or removal of the vehicle at the owner’s expense.

How to avoid noise nuisance from a vehicle alarm

You can help prevent noise nuisance from your vehicle alarm by:

• installing the alarm fully in accordance with manufacturer’s instructions;
• servicing the alarm regularly;
• adjusting the sensitivity appropriately;
• ensuring that the sunroof and windows are closed when the alarm is activated;
• ensuring that, where possible, the alarm’s cut-out device limits the time that the alarm sounds and prevents it from repeatedly re-triggering;
• ensuring the DVLA has up to date registered keeper information that may enable the person responsible for the vehicle to be contacted before formal action is considered necessary.

Commercial noise

Noise from commercial premises is often dealt with in the same way as that from domestic premises. However, in some cases we may not need to prove a statutory nuisance where the premises hold a premises licence. These licences are issued in order to ensure that the disturbance caused to the general public is kept to a minimum. Action can be taken against premises that operate outside of its licensing conditions.

Noise from construction/demolition sites

There are no set hours during which construction/demolition work can take place. However, it is normally expected that noisy activities will not be undertaken at night-time nor on Sundays or bank holidays. Work on construction sites often starts at 7am on weekdays. Noise levels should be minimised as far as possible, and plant should be fitted with silencing devices wherever practicable. In some cases, developers/contractors may seek "prior approval" under the Control of Pollution Act 1974, for noise emissions. Conditions such as: hours of operation, plant and equipment used, methods of work and noise limits, may then be placed on the demolition/construction activity.

To report a noise pollution problem to Medway Council, please use one of these two online forms:

• commercial pollution;
• domestic pollution.

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