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Environmental Health - Protecting our community
Noise
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. Click on any of the following headings to go straight to the relevant section:
Domestic Noise During 2009, 67% of the total noise complaints received by Arun’s Environmental Health Department involved noise from residential property. 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 Health to become involved. However, if talking to your neighbours does not help to resolve the issue, then Environmental Health may be able to help. A guidance leaflet "Guide to Noisy Neighbours", with details of the service you can expect from us, is available. For more inforamation on the law relating to noise see Nuisance In some cases, Environmental Health 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 action. A guidance leaflet on "Taking your own Legal Action Against Noise" ( PDF: 393KB ) is available. Many local authority noise teams have reported an increase in neighbour complaints and disputes arising from stripped-board, laminate and wood block floors. Draft guidance on these types of floors has been published by DEFRA.
Some noise problems are part of a wider Anti-Social Behaviour issue. If you are concerned by noise which you think may be Anti-Social Behaviour, you may want to look at our Clean and Safe pages. Interference with Radio and Television reception is dealt with by the Office of Communications (Ofcom). 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 Health may be able to help. See the previous section. See the following DEFRA guidance leaflet "Is your dog barking too much?" Burglar alarms on houses or premises can be a useful deterrent but they can occasionally give rise to serious noise nuisance due to faulty setting or false alarms. In order to avoid the chance of burglar alarms giving rise to noise nuisance, householders/managers should ensure that the alarm has a cut-out device, and/or keyholders can be readily contacted and can attend within 20 minutes. Sussex Police no longer keep keyholder details themselves, but have joined up with the keyholder scheme Peace for a Pound. More information is available at the Peace for a Pound website. If an alarm continues to sound the local Environmental Health Service may have no option but to take formal action. This action can include silencing of the alarm at the owner’s expense. How To Avoid Noise Nuisance from a Burglar Alarm You can help prevent noise nuisance from your alarm by:
Further advice on alarms is available from Sussex Police 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, the local Environmental Health Service 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:
Noise from Construction/Demolition Sites Construction sites can cause significant levels of noise. Construction works include the demolition, maintenance, repair, erection, construction of buildings or roads and any work of engineering construction. Much of this noise is unavoidable and noise control methods are a balancing act between the needs of the developer to carry out the works and the rights of neighbours to the quiet enjoyment of their properties.
The law governing noise from construction sites strives to achieve this balance. The Council aims to minimise the impact of noise from such works on residents.
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. An out of hours emergency noise service may be available if there is widespread noise disturbance. Noise levels should be minimised as far as possible, and plant should be fitted with silencing devices where 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.
The following two leaflets may be useful:
Construction sites can also give rise to complaints due to emissions of dust and smoke. Control can be exercised through Nuisance provisions of the Environmental Protection Act 1990. Typically dust may be generated by use of cutting/grinding equipment or by vehicle movements in dry weather. Smoke can arise from the burning of green waste during site clearance. BACK TO TOP Licensed Premises Each year, the Environmental Health Department receive a significant number of complaints about noise from licensed premises. Most of these relate to music but noise from deliveries and waste/recycling collections, together with equipment such as air conditioning units or fans can also cause problems. Officers investigate these complaints and liaise with the licensees to control the noise. Where necessary enforcement action can be taken to resolve the problem. If you are bothered by noise from licensed premises we can investigate the complaint on your behalf. The Pollution Team also acts as ’Responsible Authority’ under the terms of the Licensing Act 2003 with a view to preventing public nuisance from licensed premises. Applications for new Premises Licences are made to the Council’s Licensing Officer. Copies of the applications are also sent to the Pollution Team. Officers consider the Premises Licence applications and make representations regarding any measures considered necessary to prevent public nuisance, including noise nuisance, from the operation of the premises. Further information about the Licensing Act and the Council’s role as Licensing Authority is available on our Licensing pages. Arun District Council does not provide a service to deal with seagulls. All birds, eggs and their nests are protected under the Wildlife and Countryside Act 1981. Under this Act birds cannot be taken, killed or their nests or eggs removed except under licence. The Department for Environment, Food and Rural Affairs (DEFRA) issue a number of general licences which allow authorised persons to take or kill using certain specified methods. The 1981 Act does not allow action against birds for the prevention of damage to property or nuisance problems such as noise or smell. Proofing property so birds cannot roost or nest is probably the most effective means of control as culling will only solve the problem short term, as any suitable site be repopulated. Plastic spikes and netting fixed to suitable sites should deter gulls roosting and nesting. Regular maintenance is necessary as gulls will take advantage or any faults. BACK TO TOP The sport of clay pigeon shooting can result in noise disturbance for neighbours. The CIEH has released some guidance on the subject. The main control measures should include:
If you are disturbed by noise from clay pigeon shooting, please contact the shoot organiser in the first instance. If this does not resolve the problem, contact the Pollution Team on 01903 737755. Bird scarers are devices used by farmers to deter birds from their early crops. However, if used inconsiderately the noise from bird scarers can be very annoying and can be considered a Statutory Nuisance. The National Farmers Union (NFU) has issued guidance on the use of bird scarers. This guidance includes:
If a complaint is received about noise from a bird scarer, the Environmental Health Department will try to identify the land upon which it is situated and trace the owner. The time taken in dealing with the complaint will be reduced if these details are known when the problem is reported. If the farmer is complying with the recommendations of the NFU Code of Practice it is unlikely that formal action will be possible. BACK TO TOP  This page was last updated on 04/02/10 at 11:56:53 Office Use Only: 80/15-10-10/Fiona Brown |
