Noise and nuisance

When a person first contacts Surrey Heath Borough Council with a complaint, their details and the nature of the complaint are taken by our Contact Centre Staff and assigned to an investigating officer. If you want to make a complaint you cannot remain anonymous because in order to determine if the noise is a nuisance, we have to know who the noise is affecting and how it is affecting them. We will, of course, keep your details confidential in the initial stages of the investigation. However, you do need to be aware that if the process went all the way through to court proceedings then you would be required to give evidence. However taking a prosecution and going to court does not occur often and we would hope that the problem was resolved without things becoming that serious.

Information and evidence gathering diary sheet

The first action in this stage is to send a diary sheet to the person reporting the issue requesting that details of the alleged noise occurrence(s) is/are recorded. We would request that you complete the nuisance log over a two-week period. However, if you do not feel this time period is representative of the noise experienced then we would advise that you contact the investigating officer for further advice. 

A letter will be sent to the address advising them that a complaint has been received and asking them to take any necessary steps to prevent the nuisance. Hopefully this letter will make the person aware that their actions are having an effect on someone else and the problem will be solved. The letter also advises that officers will be monitoring as part of their investigation. 

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

The officer may also advise you that the evidence provided is not likely to amount to a Statutory Nuisance. The case will be closed unless you advise us in the future that the noise has become significantly worse. If a noise diary is not returned without a reasonable explanation within 21 days the complaint will be closed. 

Recording equipment

There is usually a waiting list for the deployment of 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 7 – 14 days. It is important to note that equipment must be inside a dwelling and in a habitable room such as a main bedroom or living room. The reporter will need to activate the recording equipment as and when the noise nuisance occurs by pressing a button. It is important that any instruction given by the officer is adhered to so that any evidence collected is not jeopardised or corrupted. 

Noise recordings are then analysed to assess whether a Statutory Nuisance has occurred, and the officer will advise the reporter of next steps. The time involved in this stage of the investigation can vary, depending on the complexity of the complaint.

Visits

Where necessary, Officer visits will usually undertake a maximum of three visits in order to witness the nuisance as it is occurring. If after the three visits no noise nuisance has been established, the officer will close the case. 

Enforcement

We will assess the evidence collected and decide if a nuisance is occurring or not. In many cases the evidence is insufficient, and the investigation of the complaint will end. 

In cases where the council is satisfied that a nuisance is occurring then an Abatement Notice(s) can be served. A reasonable time will be given to comply with the terms of the Notice. Failure to comply with an Abatement Notice(s) is a criminal offence. Once an Abatement Notice has been served the subject has 21 days of appeal and can appeal the terms of the Notice at a Magistrate’s Court. 

When there is reason to believe that an Abatement Notice has not been complied with the council will undertake further monitoring and investigations and will then make a decision on how to proceed. This could result in seizure of a particular 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 at any stage you are not happy with the council’s findings, you can take your own action under Section 82 of the Environmental Protection Act 1990. You need to complain direct to the Magistrate’s Court and you must give three clear days written notice, to the persons who you allege are causing you nuisance, of your intention to go before the Magistrate. This is required by law.

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.