Noise and nuisance

The initial details are taken by our Contact Centre staff and assigned to an investigating officer.  We aim to respond in five working days, or one day if it is urgent.

Information and evidence gathering 

The reporter will be sent a diary sheet to complete over a two-week period.  If this period is not representative of the noise experienced contact the investigating officer for advice. 

A letter will be sent to the address complained of advising them that a complaint has been received and asking them to take any necessary steps to prevent the nuisance. Hopefully this letter will resolve the problem. The letter also advises that officers may monitor as part of an investigation. 

The reporter’s identity and the dates of any monitoring will not be discussed with the person being complained about at this stage. On receipt of the completed diary sheets an officer may install noise recording equipment and/or carry out monitoring visits to substantiate the complaint. 

If the evidence provided indicates that it is unlikely to amount to a Statutory Nuisance, the case will be closed. If the noise becomes significantly worse, you are able to ask for a reassessment. 

The complaint will usually be closed if a noise diary is not returned within 21 days. 

Recording equipment

There is usually a waiting list for the noise recording equipment and officers will prioritise accordingly. When available, the noise recording equipment will be left at the reporter’s property for a period of around seven to ten days. The equipment must be installed in a habitable room such as a bedroom or living room. It needs to stay plugged in and the reporter will need to activate the recording equipment when the noise occurs. 

Noise recordings are then analysed to assess whether a Statutory Nuisance has occurred, and the officer will advise the reporter of next steps. 

Visits

Officers will usually undertake a maximum of three visits to witness the nuisance at times when it is most likely to be occurring. If no noise nuisance has been established, the officer will close the case. 

Enforcement

We will assess the evidence collected. If the evidence is insufficient the investigation will be concluded, and you will be informed. 

If the Council is satisfied that a nuisance exists or is likely to occur or recur an Abatement Notice (external link) will be served.  A reasonable time will be given to comply with the Notice and the subject has 21 days to appeal the Notice at a Magistrate’s Court. If the notice is upheld, failure to comply would be a criminal offence.

When there is reason to believe that an Abatement Notice has not been complied with the council will undertake further investigations and will then make a decision on how to proceed. This could result in seizure of items and/or prosecution in the Magistrate’s Court. 

If the person on whom the Notice is served appeals, then the Magistrates Court again determines the outcome. Court proceedings can introduce delays which can be significant, for example up to 12 months. To achieve a successful appeal/prosecution, complainants will almost certainly have to give evidence in Court, in support of any evidence collected by the Council. 

Private nuisance action

If the Council cannot assist, you can take your own action under Section 82 of the Environmental Protection Act 1990. You need to complain directly to the Magistrate’s Court, and it is a requirement to give three clear days written notice to the persons who you allege are causing you nuisance of your intention to go before the Magistrate. 

You will need to convince the Magistrate that the noise you are complaining of is a Statutory Nuisance. In this regard you should refer to the noise records you have kept, the attempts you have made to deal with the nuisance, include any direct attempts you have made with the occupiers of the property concerned, as well as any contacts with this office or the police.

If the Magistrate decided there is a case to answer a summons will be served on the person responsible for the nuisance giving the date and time the person must attend Court when the case is heard. The Magistrate will advise you as to what happens next. You do not have to employ a solicitor to take action under the Environmental Protection Act. 

There are several rules to be followed and solicitors are trained in applying these rules; if you are not represented you may have difficulties in getting all your evidence heard.

Solicitors will charge you fees, however, if you successfully prove your case, you can ask the court to order the defendant to pay your costs in bringing these proceedings. It may be better for you to take a civil case to apply for an injunction or for damages, and a solicitor will be able to advise you on the best course of action and your chances of success.

Remember, if you bring a case before the Magistrates and fail to prove it, you may be required to pay the costs incurred by the court, the defence solicitors and the costs of any witnesses summoned to appear, as well as your own costs.