Pollution Control - Noise
Noise greatly affects our quality of life and exposure to
continual loud noise can affect our hearing as well as our general
health.
We offer a comprehensive noise service, which investigates
complaints about noise from commercial and domestic
sources. We provide this service during normal office
hours and out of hours for emergencies
Out of
Hours Service
We can help or advise you about noise from:
- Noisy neighbours
- Parties
- Pubs
- Nightclubs
- Building sites
-
Barking dogs
- Burglar alarms
- Busking
- Car alarms
- Noisy kitchen extracts, air conditioning units and
machinery.
We have limited powers to deal with:
- Deliveries
- Road works
- Railway noise
- Environmental noise
We are not able to deal with noise on the street or in public
places unless machinery, equipment or vehicles cause it. For
example we have no powers to deal with people who are shouting or
with children playing.
We are also not able to deal with noise from traffic or aircraft
noise.
We are unable to deal with everyday noises audible between
neighbours’ homes because the premises sound insulation is not up
to today’s standards.
People who make noise are often unaware of the effect that their
noisy activities are having on their neighbours. If you are
concerned about a noise often the best way to deal with the problem
is to speak to the person responsible to make them aware that they
are causing a noise problem.
Research has found that many people who take this informal route
are able to resolve the problem (it also helps promote good
neighbour relations).
If the direct approach does not succeed, you may want to
consider mediation.
An independent third party will listen to the views of both
parties and can help them to reach an agreement or compromise.
Please contact the Bath Area Mediation for more information:
Telephone: 01225 482946
Email: mediation@phonecoop.coop
We investigate complaints about both residential and commercial
premises.
If you are a Housing Association tenant you may wish to contact
your housing officer in the first instance. If they need assistance
in dealing with your noise complaint they can refer the matter to
the Environmental Protection Team.
Information needed when you make a complaint:
- Your name and address (we are not able to deal with anonymous
complaints, but we will not disclose your name to the person that
you are complaining about without asking you first).
- The address where the noise is coming from and the name of the
person making the noise if you know it.
- The type of noise you are suffering from.
- When and how often it occurs.
In the first instance we will write to the person making the
noise and make them aware that their activities are causing a noise
disturbance, we will ask them to stop.
Often people are not aware that they are causing a problem and
we find that the initial warning letter stops the noise.
However if the noise continues we ask you to complete a noise
nuisance diary and return it to us.
We hope that the warning letter will resolve the noise problem,
however if this is not the case and the noise continues you will
need to keep a noise log (diary).
Noise log sheets form the basis of our noise investigation. The
log sheets tell us what times of day the noise occurs, how long it
goes on for, the type of noise, where you hear it in your home and
how the noise affects you. All this is vital information in helping
us establish the best method for investigating your complaint and
it will help us establish if the noise is a 'statutory
nuisance'.
If the log reveals the noise only occurs at time when
no reactive noise service is available then it is likely that
the best method of witnessing the noise will be to install
noise-monitoring equipment.
If the noise is something that is predictable, constant or
occurs during times when a reactive noise service is available then
the investigation may be conducted using programmed site
visits.
The noise log sheets may also be useful if you decide to take
your own action under Section 82 of the Environmental Protection
Act 1990.
Note: Due to the large number of noise complaints we receive,
our policy is that we only carry out further investigations for
complaints of noise nuisance once completed noise log sheets
are returned.
If the log sheets are not returned we will assume that the
noise-warning letter has resolved your complaint and that no
further action is required.
If you have difficulty in completing the log sheets for any
reason please contact the Environmental Protection Team and we will
try and find a suitable alternative to suit your circumstances.
Once your noise log sheets have been returned the officer
will contact you and discuss the case with you, setting out the
method they will use to investigate your noise complaint.
The information you provide on the diary sheets will help the
case officer to assess the noise and decide what action can be
taken.
We can take action if the noise is a nuisance in law (a
"statutory nuisance”). We will assess the noise to see if it is
sufficient to be a nuisance.
If the noise nuisance is due to unreasonable behaviour, we can
serve a notice under the Environmental Protection Act 1990
requiring the noise to be stopped or reduced. If the noise
continues after the notice has expired, we may prosecute the person
causing the noise in the Magistrates Court.
We also have powers to seize noise-making equipment and carry
out other works to stop the noise nuisance.
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If you would prefer to take your own action, or if we can no
longer help you with your noise problem (for example if our
investigation could not establish a noise nuisance) the following
guidance may help.
You can use the Environmental Protection Act 1990, Section 82,
to deal with noise that is a statutory nuisance. Courts can use it
to force neighbours, businesses and so on to stop creating or
reduce the effect of too much noise.
We cannot offer advice on how you should go ahead with any
particular case, but set out below is an outline of things that
might help you if you are suffering from a noise nuisance.
It is a good idea to try to sort out problems in a friendly way.
Your neighbours may not realise that their actions are causing a
nuisance or they may not have any control over the cause for
complaint. A personal approach can sometimes get the result you
want. If you are worried about approaching them personally, a
polite letter may sort out the problem. Even if it fails, it will
help to show the courts that you have acted reasonably.
In the case of noise you will usually need to show the courts
that the noise unduly interferes with your comfort and
convenience.
The courts will balance your right to "quiet enjoyment" of your
property with the right of the other person to use their premises
in a normal way. It is unlikely that the courts would support
someone seeking complete silence, as people need to tolerate a
certain amount of noise, but you do not have to experience
unreasonable levels. When deciding what is an unreasonable level
the courts will look at the level and nature of the noise, together
with its frequency, how long it lasts, the times and days the noise
happens and how the noise would affect the average person. For
example, a shift worker who has to sleep during the day or a home
worker who needs complete silence to work might not
be considered to be average people when deciding upon
noise nuisance.
Taking legal action is fairly straightforward and you can take
it in easy steps that we explain below. Many people have used this
legal action, without needing a solicitor. You can represent
yourself during the court hearings if you feel confident enough.
The procedure is not difficult and you can get advice from the
Citizens' Advice Bureau, and the magistrate's courts.
Before you start legal action
- Speak to the person who is making the noise. Try to come to a
suitable arrangement, for example turning the music down, or
perhaps limiting the hours of the noise.
- If you do not want to speak to the person, or if the noise
continues after you have spoken to them, write to the person
explaining the problem and telling them what action you would like
them to take to reduce the noise. Make sure you date the letter and
take a copy.
- If the situation does not improve, (and if you are not already
keeping one) start keeping a written diary of the noise. Include in
the diary record:
- When the noise happens, including the date and time;
- The length of time the noise lasts;
- What type of noise it is (for example loud music, machinery,
and people shouting).
- Why is it a nuisance, for example because you cannot get to
sleep, the effect on your life and so on.
If you know about any other person bothered by the noise, or who
has witnessed the noise, ask them if they would be willing to give
evidence at court if you started proceedings against the person
making the noise. If they are, ask them to keep their own diary of
the noise. They will also need to make a written statement if the
matter goes to court.
You can now take legal action against the person making the
noise under section 82, Environmental Protection Act 1990.
You must have enough evidence to support your claims.
Proceedings under section 82 are criminal matters, and your case
must be proved beyond reasonable doubt.
First of all, you must give the person responsible for the
nuisance at least three days' notice in writing. This notice must
say that you are going to bring proceedings in the magistrates'
court if specific action is not carried out. You must date this
letter and keep a copy. If you post the letter you should send it
recorded delivery.
If there is no improvement after you have sent the letter, you
should contact the clerk of the court. Tell them you want to make a
complaint under section 82 of the Environmental Protection Act
1990. They will probably make an appointment for you to go and see
them. The magistrate's court to contact is:
Bath and Wansdyke Magistrates Court
North Parade Road
Bath, BA1 5AF.
Telephone: 01225 463281
Email: av-bath.mc@hmcourts-service.gsi.gov.uk
At the court, you will see one of the clerks of the court who
advises the magistrates. They will explain the procedure and will
take the details of your complaint. In other words they will ask
you for the information they need to decide whether they should
issue a summons.
A summons is a document that tells the person who is causing the
nuisance that you have complained to the court about the noise and
that they must go to the Court at a time and day to `answer' the
complaint. There is no fee for this.
You must give the clerk any schedule of the work, or change in
behaviour, which you consider should be done to stop the nuisance.
In many cases this may be as simple as asking the other person not
to play loud music at night, but it may be that with certain types
of noise nuisance technical matters will arise, and you will need
to have information from a specialist.
The summons will give the date, time and place of the hearing.
You should continue to keep a record of the noise nuisance.
At the hearing the person who has been summoned will be asked to
plead 'guilty' or 'not guilty'.
If the person pleads `guilty' it is likely that the matter will
be dealt with then. You will be asked to present your case and give
the court copies of any written evidence, for example, your diary
of the noise and any letters that you might have written.
The magistrates will want you to tell them what you need to
reduce or get rid of the nuisance and will then make an order that
the other person does what you have asked, or to take some other
reasonable action.
If the person pleads `not guilty' the case will be put back so
that a trial can take place. You will be asked how many witnesses
you will be calling, and the day for hearing will be read out in
court.
You will need to prepare your case for that hearing. Get written
statements from any of your witnesses, and write one about your own
experience.
Put together any other evidence that you might have, for
example, doctor's notes, experts reports and so on.
You must send a copy of everything that you are going to use at
the trial to the other person (or their solicitor if they have one)
as soon as possible.
If, at the hearing, the magistrates are satisfied that there is
a nuisance, they will grant what is called `an abatement order'.
This tells the person who is causing the nuisance that they must
stop the nuisance from causing you trouble any longer. They can
also be fined and ordered to pay costs.
If you are successful, the court might make an order that the
other person should pay your costs. You should keep a record of any
costs that you or your witnesses have had to pay, for example,
having to take a day off work unpaid, travel expenses and so
on.
In other circumstances, magistrates can decide how to award
costs and either you or the person causing the nuisance could pay
all or part of both sides' costs according to the
circumstances.
In some cases you might be able to get legal aid to help your
case. This will only be available if you employ a solicitor to act
for you, and you are on a low income.
You can get further advice from:
|
CAB Area |
Bath |
Midsomer
Norton |
Keynsham |
| Address |
Bath Citizens Advice Bureau
2 Edgar Buildings
Bath
BA1 2EE |
North East Somerset Citizens Advice
Bureau
Town Hall
The Island
Midsomer Norton
BA3 2HQ |
Keynsham Citizens Advice Bureau
The Flat
Town Hall
Keynsham
BS31 1EF |
| Telephone |
01225 463333 |
01761 418599 |
0117 9862345 |
| Fax |
01225 481667 |
01761 410853 |
0117 9860917 |
| Email |
|
advice@nescab.org.uk |
keynsham@nescab.org.uk |
| Website |
www.bathcab.org.uk |
|
|
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All of us are occasionally bothered by other peoples
noise. In many cases, everyday noises are audible between
neighbours' homes because the buildings sound insulation is not up
to today's standards. Noise from every day activities include:
- Footsteps
- Light switches being turned on / off
- General talking
- Doors closing
- Toilet flushing
- Babies crying
- Children playing
- Kitchen appliances such as washing machines, blenders
etc.
In cases such as these, the Environmental Protection Team cannot
help. Case Law from the House of Lords states that noise from the
ordinary use of residential premises cannot be considered a
nuisance.
New properties built before 1990, or properties converted before
1992 are not subject to the same standards as if they were built or
converted today.Case Law states that Landlords, Housing
Associations or Builders are not liable to upgrade sound insulation
within properties built before 1990 or converted before
1992.Properties built after 1990 or converted after 1992 should
meet the current Building Regulations Approved Document E. This is
the minimum standard and does not mean properties will be
completely sound proof
BRE offer a priced consultancy service (phone no 01923
664000) available if people have really serious problems and are
prepared to pay for BRE experts to spend time on them. There
is a free leaflet on improving sound insulation that can be
downloaded from BRE's website by clicking on this link: http://www.bre.co.uk/pdf/soundins_homes.pdf.
The Building Regulations Approved Document E is downloadable
from the website of the Office of the Deputy
Prime Minister.
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This section sets out general information and
responsibilities relating to the installation and operation of
audible alarms, however it is not a full explanation of the
law.
Noise made by the operation of audible burglar alarms is a
common cause of complaint. Owners and occupiers who seek to protect
their properties (whether domestic or commercial) by installing a
system or taking over an existing system on acquiring premises,
have a responsibility to ensure the device fitted does not become a
source of nuisance to their neighbours.
Where we witness the prolonged or frequent ringing of an alarm
from we may serve a noise abatement notice, requiring the person
responsible to de-activate the alarm and carry out works to prevent
a recurrence of the nuisance. If, after an hour, the alarm is still
sounding, the Council may arrange for the alarm to be disconnected.
Full costs of this action will be recovered from the 'person
responsible'. This may be in excess of £200.
The alarm system should be properly designed, installed and
maintained as far as is reasonable practicable to prevent false
alarms. Guidance is given in British Standard BS 4737 of 1987, as
amended by BS 7150 of 1989.
To avoid disturbance alarm systems must be fitted with an
automatic cut-out device, which will disconnect both the internal
and external sounders, after a period of not more than 20 minutes
following activation. Such a cut-out device can be supplemented
with a flashing light which will continue to operate after the
sounder has ceased to alert the public and police to the alarmed
state of the property. All owners of newly adopted or installed
alarm systems must inform the local police station in writing of
the names, addresses and contact telephone numbers of at least two
'nominated key holders' who can be called upon to deactivate the
alarm in the absence of the owner.
The Road Vehicles (Construction and Use) Regulations 1986
require that a 5 minute cut-out device is fitted to all vehicle
alarms. The Police and Vehicle Inspectorate enforce the legislation
and may prosecute if the alarm does not comply.
To avoid disturbance you should:
- Ensure that a cut out device is fitted to the alarm
- Set your alarm to a reasonable level of sensitivity to minimise
false alarms.
- Maintain your alarm in good working order
The Environmental Protection Act 1990 allows Councils to turn
off vehicle alarms if they are causing a nuisance. An alarm which
has been sounding for more than five minutes and is affecting
residents is deemed to be a nuisance. Once a nuisance has been
established we can serve a Noise Abatement Notice on the owner, or
if the owner cannot be found we place the Notice on the car. This
requires the owner to deactivate the alarm within one hour.
When We Can Locate the Owner
We do everything possible to find the owners of noisy cars. We
liaise with the Police and neighbours. Once the owner has been
located we allow a reasonable time to deactivate the alarm by
extending the one hour limit if necessary.
When We Can't Locate the Owner
If after one hour an alarm is still sounding and the owner has
not been found the law allows us to deactivate the alarm. We take
every care not to cause damage and use specialist companies. If it
is not possible to unlock a door we may have to break a window.
We will not necessarily enter a vehicle -- it will depend on the
circumstances e.g. the type of car and where it is located. Some
vehicles have sophisticated alarms that cannot be deactivated by
alarm specialists. If this is the case we may tow the vehicle
away.
After entering a vehicle we must ensure that we leave it secured
or immobilised. If this is not possible we arrange for it to be
towed away. We do not leave vehicles with valuable contents
unsecured
Whenever we enter a vehicle and leave it secured in its original
position we leave a notice inside to inform the owner. This is
always left out of sight of passers by. We also write to the owner
if the address is known explaining what has happened.
The Police are informed of the action we take so that owners who
return to their vehicles to find them missing can immediately be
informed of their vehicle’s whereabouts and arrange to reclaim
it.
We recover our costs from the owners of vehicles and may
prosecute them. A successful prosecution could lead to a fine;
however we prefer to use informal methods where possible.
- We always attempt to find the owner of the vehicle.
- We give the owner a reasonable time to deactivate the
alarm.
- We take care not to cause damage to the vehicle.
- We never leave a vehicle so that either the vehicle or its
contents can be stolen.
- We take the most appropriate action to minimise disturbance to
residents.
- We make every effort to inform the owner of our
actions.
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Unfortunately, due to the nature of construction works, noise is
inevitable. Noise comes from the operation of plant, machinery and
power tools, the movement of vehicles and deliveries of
materials.
Construction activities include:
- Construction of new buildings
- Renovation of existing buildings (including houses)
- Demolition
- Repairing road surfaces and installing/repairing utilities
- Other engineering projects e.g. on railways
Our main control is through aiming to restrict the hours that
noisy work is carried out from 08:00 until 18:00 Monday to Friday
and 08:00 until 13:00 on Saturdays. No noisy works should be
carried out on Sundays and Bank Holidays.
In some circumstances it may however be necessary for noisy
construction works to be carried out outside these hours. Such
works may arise from emergency circumstances or the delivery of
large plant and equipment where congestion and risks to safety
prevent roads being used during working hours.
Contractors should also do everything reasonably
possible (using best practical means) to ensure noise from
works within these hours is also kept to a minimum. This includes
using well-maintained and silenced plant and equipment including
compressors, generators and power tools.
Under Section 60 of the Control of Pollution Act (COPA) 1974,
local authorities have powers to control noise (and vibration) from
building sites. The control is by the service of a notice making
requirements on the person responsible for the construction
operations.
The notice can specify types of plants and machinery, permitted
hours of operation, boundary noise levels and the use of 'best
practicable means' to keep all noise to a minimum - e.g. that
plant and machinery used on the site shall be properly silenced and
radios or other amplified music shall not be played.
Many types of construction works and some cases of demolition
require planning permission.
The planning process provides opportunity for early liaison
between the authority and the contractor.
In exceptional circumstances, planning conditions can be imposed
restricting the impact of demolition or construction.
More commonly a planning agreement under Section 106 of the Town
& Country Planning Act 1990 may be used to control noise and
establish a liaison forum between the architect, contractor and
local residents on sites where works are likely to extend over
years and strongly affect local residents.
Builders, on major projects, can do a lot more to reduce
disturbance to local people, for example:
- notifying residents about particularly noisy work.
- scheduling drilling, piling and other very noisy work to give
local residents and businesses some breaks.
- avoiding delivery and skip vehicles arriving before
8am.
The Code of Practice: Noise on Construction Sites
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