Bothered by Noise?

Bothered

by NOISE

NOISE

?

NOISE NOISE NOISE

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Introduction A noisy environment is a fact of modern life. It arises from domestic, commercial and industrial activities. No flat or house is completely soundproof and everyone can expect some noise from the people and properties around them. However, when noise disturbance occurs it can reduce the quality of life for individuals or whole neighbourhoods.

This leaflet explains our approach to complaints of noise nuisance and the legal remedies we can use. The most common noise complaints we receive are about domestic activities – dogs barking, music being played too loud or late at night, loud TV and DIY work. The reasons could be:

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• The person causing the disturbance is behaving unreasonably

• The person causing the disturbance is unaware that they are causing a problem

• The noise comes from reasonable

behaviour but the structure of the property or the nature of the sound insulation means that a problem occurs

• Some people are more sensitive to noise than others and have a lower tolerance to background or intrusive noise.

What can be done?

Most noise disputes can be resolved informally by letters and discussion. Legal action and other kinds of formal action should be seen as a last resort – it can be unpleasant for all concerned and can cause ill feeling between neighbours which can last for years.

Informal Action

• Please approach the individual or

business involved and explain that you are being disturbed by noise. Many people are unaware that their activities may be causing a problem and are prepared to change. But approach the matter carefully, particularly if you feel your neighbour may be unreasonable or react angrily to a complaint.

NO NO • Keep a record of all incidents where

you are disturbed by noise. Relevant information includes the date, time and duration of the incident and the type of noise causing the problem, such as loud music or DIY work. If you write to the person or business concerned, keep a copy of all correspondence.

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Formal Action

If the problem continues you may consider taking formal action. Please contact our Environmental Health Department who will investigate your complaint and take legal action on your behalf if it can show that a statutory nuisance exists.

What we can do The Environmental Health Department will write to the person alleged to be causing the disturbance. The letter will say that a complaint has been made.

You will need to keep a record of each time you experience noise disturbance.

This record will show the frequency of disturbance and will help to prove that a nuisance exists. The record may also be used as evidence in court if necessary.

OISE OISE The Environmental Health Department will monitor the noise by a personal visit or by leaving with you a recording device.

Whether further action is possible will be dependent on the observations made.

If a ‘statutory nuisance’ is shown to exist, the department will serve an abatement notice on the person responsible for the noise. This means they are legally obliged to stop the nuisance. They have a right of appeal within 21 days of service.

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If the person fails to comply with the notice they will have committed an offence. They could be prosecuted and fined (currently up to £5,000) with a further fine of up to £500 per day for each day on which the offence continues after conviction.

To minimise the nuisance the court may also restrict the activities of individuals or companies.

If the Environmental Health Department cannot show the existence of a statutory nuisance or if you do not wish to involve the Council, you may make a complaint directly to the magistrates’ court under Section 70 of The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011. This is called a private prosecution.

The evidence you present must persuade the court “beyond reasonable doubt” that a nuisance exists.

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If the noise arises from an industrial, trade or business premises, it is a defence to show that the person responsible has adopted the “best practicable means” to minimise the impact of the noise. This defence is not available when action is being taken through the High Court and the court is considering an injunction. (An injunction is a court order that the nuisance must stop.)

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Frequently asked questions

Q1

WHAT IS A STATUTORY NOISE NUISANCE? A statutory noise nuisance is when noise has become so intrusive that serious annoyance is caused and a legal remedy exists to abate (reduce or stop) the problem.

Q2

WHAT IS CONSIDERED WHEN A COMPLAINT IS ASSESSED? Not every case of noise disturbance can be proved to be a nuisance. What constitutes noise disturbance is partly a matter of opinion. Many people might find a particular noise irritating, but this does not necessarily make it a nuisance in the legal sense.

Things to consider include:

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• The frequency, duration and level of the noise. For example, noise disturbance two or three times a year may not constitute nuisance but the same noise occurring weekly may.

• Similarly, a noise at midday may not

cause a problem but the same noise at midnight might.

• The nature of the noise – noise

disturbance arising from the normal use of a residence may not be a nuisance.

• The prevailing “standard of comfort” of

an area. This is particularly relevant when industrial and commercial activities are being considered. If planning permission causes a change in a neighbourhood’s character, the resulting noise disturbance may not constitute nuisance.

• The effect of the noise on you. It is

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essential to show that your comfort has been affected – for example, your sleep has been disrupted.

WHAT CAN BE DONE ABOUT NOISY CHILDREN IN THE STREET? There are no powers to deal with noise from children playing.

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CAN ANYTHING BE DONE TO DEAL WITH NOISY MOTOR VEHICLES? Excessive noise from motor vehicles is dealt with by the Motor Vehicle (Construction and Use) Regulations (Northern Ireland) 1999. The police, not the Council, enforce these Regulations.

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ARE CONSTRUCTION SITES AND BUILDING WORK COVERED BY NUISANCE LEGISLATION? There are few powers to deal with work that is “temporary or transient” and being conducted in a reasonable manner. British Standards and Codes of Practice govern construction work. In addition, to minimise noise, the Council can impose restrictions on the way construction and demolition work is done. We can also specify the types of machinery to be used and the level of noise from the site.

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WHAT LEVEL DOES NOISE HAVE TO BE BEFORE IT BECOMES A NUISANCE? There are no specific noise levels above which a nuisance exists. Each complaint is considered on its own merits and even a relatively low level of noise can cause disturbance in certain circumstances; such as noise intrusion into a bedroom late at night.

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ARE THERE SET TIMES WHEN A PERSON CAN MAKE NOISE? At no time is it acceptable to cause nuisance. At certain times people are more sensitive to noise and can expect a higher standard of comfort, particularly at night when people are trying to sleep.

It is obvious that loud music or dogs barking, which may be acceptable at 4pm in the afternoon, would not be acceptable at 4am in the morning.

Q8

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WHAT CAN I DO IF MY COMPLAINT CANNOT BE PROVED? If a statutory nuisance cannot be proved – for example, if incidents of disturbance are too intermittent – you have the right to take your own legal action. You can do this through the Magistrates’ Court under Section 70 of The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (private prosecution), or take a civil action for an injunction or damages for loss, or both.

You should always take legal advice before deciding on such a course of action.

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Customer Complaints If you are dissatisfied with the way we have dealt with you, you can complain in writing to the Customer Services Manager or by filing out an on-line compliments/complaints form.

These can be found on the Council website below.

For further information contact: Environmental Health T 028 9034 0160 E EnvHealth@antrimandnewtownabbey. gov.uk

www.antrimandnewtownabbey.gov.uk