Noisy neighbours

Under Section 79 of the Environmental Protection Act 1990, (as amended), councils have powers to deal with certain noise nuisances. These are deemed to be statutory noise nuisances. However, to enable the council to act, the noise must be coming from private land or property, or be generated by vehicles, machinery or equipment in the street. These powers apply not only in order to control existing noise, but also noise that is expected to occur or recur.

You can make a complaint by:

writing to or visiting Environmental Health
Civic Offices
London Road
Basingstoke
Hampshire
RG21 4AH

fax 01256 845200

This cannot be easily defined, but could be described as an unreasonable interference with the enjoyment of your property. It must occur regularly and continue for a period of time that makes it unreasonable.

The following are unlikely to be a statutory nuisance:

• A one-off party
• Neighbours arguing
• A lawnmower used during the day
• A baby crying or dogs barking occasionally.

The council has no control over the following:

• Road traffic/revving engines on the public highway
• People shouting/laughing or screaming on a public road or footpath 
• Air traffic noise

No maximum noise limit applies to noise complaints. Each case must be judged on its merits. We will take into consideration factors such as:

• the time of the noise (noise can be a nuisance at any time of day or night)
• the duration of the noise 
• the frequency of the noise 
• the type of noise 
• whether there is societal acceptance (eg bonfire night or church bells)

The environmental health officer, not the complainant, makes the decision on whether noise is a nuisance. Case law requires us to act as the ‘standard person’ when reaching the decision. Therefore, we cannot take into account those who have a different or higher expectation of peace. These include shift workers or people who are studying/ill.

Our aim is to investigate and resolve your complaint in an efficient and thorough manner.

A named officer who is competent to assess noise complaints and the existence of a statutory nuisance, will investigate your complaint.

We try to resolve your complaint informally. With your agreement, the officer will contact the perpetrator, and advise them that we have received a complaint about noise from their premises. They will be made aware of the legal powers available to the council if they cause a statutory noise nuisance.

We do not tell the perpetrator who has made the complaint. However, it may be necessary for you to attend subsequent court hearings, as a result of legal action by the council in respect of a statutory noise nuisance.

We send you written confirmation that the perpetrator has been made aware of the complaint. We will also enclose diary record sheets to enable you to keep a written record of any further noise disturbance from your neighbour’s premises.

If you are unable to complete the diary record sheets, please advise the investigating officer as soon as possible. They will arrange another way for you to record the necessary details.

Diary record sheets are an important source of evidence. They enable the investigating officer to establish some basic facts about the noise, for example, how often and when it happens, and how it affects you.

If the diary record sheets are not returned within the agreed time to the investigating officer further action will not be possible, and the complaint will be closed.

If diary record sheets are returned, the investigating officer will assess the written evidence, and decide whether the noise could be classed as a statutory nuisance.

If the investigating officer decides that the noise could NOT be classed as a statutory nuisance, you will be advised verbally and/or in writing.

If your diary record sheets indicate the likely existence of a statutory noise nuisance the investigating officer will:

a) arrange to visit your home up to three times when the noise is likely to occur (please note that the nuisance must be assessed from within your premises and the officer will need to gain access to your premises to listen to the noise); and/or

b) arrange to install noise monitoring equipment at your home.

If a statutory nuisance is proven to exist, the perpetrator will be served with a noise Abatement Notice under Section 80 of the Environmental Protection Act 1990.

If the perpetrator does not agree with the Notice and appeals you and other witnesses will be required to give evidence in the Magistrates’ Court.

If you are still bothered by noise following the service of a noise Abatement Notice, you must notify the investigating officer. They will arrange further noise monitoring, and ask you to continue keeping a written record of any excessive noise.

If the investigations prove that the noise Abatement Notice has been breached, the investigating officer can apply to the Magistrates’ Court for a warrant. This will enable access to the perpetrator’s premises, to seize and detain any equipment used to cause a statutory noise nuisance. This can include stereos, TVs, CDs etc.

The officer will send evidence of the breach of the Abatement Notice to the Head of Legal Services requesting legal action against the perpetrator.

Any equipment seized can be held by the council until the court hearing. The Council can request that the equipment is not returned to the perpetrator. This decision will be made by the Magistrates.

At all times during the investigation, the investigating officer will keep you informed of any significant action taken in relation to your complainant.