Under the Environmental Protection Act (EPA) 1990, noise to be considered a statutory nuisance, would normally need to be a persistent problem, interfering substantially with your wellbeing, comfort or enjoyment of your property.
Noise when considered to be a statutory nuisance can come either from a neighbour’s house, a local commercial or industrial premises, or from stationary vehicles or equipment in the street.
What is the complaint process to deal with noise?
When a complaint is made to the Council concerning noise it will be investigated by Environmental Health Officers and Technical Officers of the Council’s Public Health Services Section.
If a complaint is found to be justified, a nuisance abatement notice may be served under the Environmental Protection Act 1990. This may require the noise to be stopped altogether or to be limited to certain times of the day.
The notice will be served upon the person responsible for the noise and the person in question has the right of appeal within 21 days of it being served.
If a person on whom the abatement notice has been served fails to comply, an offence will have been committed.
For offences relating to domestic premises, the magistrates may impose a fine of up to £5000 with a further fine of up to £500 for each day the offence continues.
When the nuisance arises on industrial, trade or business premises, the maximum fine is £20,000.
However the Council does have the power to gain entry into premises to enable abatement of a noise nuisance. The most common time for this is to stop misfiring Burglar Alarms systems.