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15 lines
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<cms:item xmlns:cms="http://www.arsdigita.com/cms/1.0" xmlns="http://www.esd.org.uk/standards/esdbody" oid="[com.arsdigita.cms.contenttypes.ESDService:{id=412}]"><cms:name>batch-6-412</cms:name><cms:language>en</cms:language><cms:title>Pollution Control - noise</cms:title><cms:dublinCore oid="[com.arsdigita.london.cms.dublin.DublinCoreItem:{id=412}]"><cms:name>batch-6-412-dublin-metadata</cms:name><cms:dcAudience>General public</cms:dcAudience><cms:dcCoverage>content="99XX" scheme="ONS SNAC"</cms:dcCoverage><cms:dcCoveragePostcode/><cms:dcCoverageSpatialRef/><cms:dcCoverageUnit/><cms:dcDateValid/><cms:dcDisposalReview/><cms:dcLanguage>en</cms:dcLanguage><cms:dcTemporalBegin/><cms:dcTemporalEnd/><cms:dcCreatorOwner>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorOwner><cms:dcCreatorContact>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorContact><cms:dcPublisher>Tameside MBC - LAWS project - http://laws.tameside.gov.uk</cms:dcPublisher><cms:dcRights/><cms:dcKeywords>Pollution, Control, noise</cms:dcKeywords></cms:dublinCore><cms:textAsset oid="[com.arsdigita.cms.TextAsset:{id=412}]"><cms:content><![CDATA[<h2>Environmental Services</h2><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><p><i>Complaints about excessive noise are investigated by officers who can take action if the noise is considered to be a statutory nuisance.</i></p><hr/><h3>When is noise nuisance a statutory nuisance?</h3><p>Noise nuisance is covered by Part III of the Environmental Protection Act 1990. This law empowers local authorities to deal with noise from fixed premises. Before action can be taken we have to be sure that the noise constitutes a statutory nuisance.
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This means that we have to prove that the noise is prejudicial to health and/or is causing an unreasonable and persistent disturbance to your lifestyle.</p><p>There are a number of different sources of noise pollution and therefore the service is categorised into the following:-</p><ul>
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<li title="*">neighbourhood noise (e.g loud music)</li>
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<li title="*">commercial noise (e.g noisy machinery, pubs and clubs)</li>
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<li title="*">aircraft noise, and</li>
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<li title="*">barking dogs</li>
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</ul><h3>Neighbourhood noise</h3><p>Excessive noise from neighbours can be frustrating and can cause a lot of unnecessary stress and worry. In many cases, the person making the noise is unaware that they are causing a problem and therefore the problem can be sorted out quite quickly.</p><p>Where this approach fails we can serve a notice on the offending party requiring them to abate the nuisance. If such a notice is not complied with then legal action can follow.</p><h3>What happens if the noise nuisance continues?</h3><p>We will assess the log sheet and determine the extent of the disturbance. Where necessary, an Officer will normally make up to three visits to assess the extent of the disturbance and determine whether the noise represents a Statutory Nuisance. Where necessary, visits will be made outside normal office hours. Noise recording equipment is used in many situations to access intermittent disturbances.</p><p>If the Officer is satisfied that a Statutory Nuisance exists, a Noise Abatement Notice under the Environmental Protection Act 1990 will be served on the person causing the problem. Where the notice requires work, a period of time will be given to allow it to be carried out. Failure to comply with the notice after that time is a criminal offence and the person could be prosecuted.</p><p>There are some occasions where the Council is unable to take action, particularly where the noise occurs intermittently and is not judged to be a Statutory Nuisance. If the Council decides that formal action cannot be taken, you will be informed and you will be given advice about taking action yourself if you wish to do so.</p><h3>What other action can I take?</h3><p>You may wish to consider taking your own action under section 82 of the Environmental Protection Act 1990.</p><p>In some circumstances the council may be unable to get sufficient evidence to be able to take action on behalf of an individual who has made a complaint. Should this occur, you can take independent action by complaining direct to the Magistrates' Court under section 82 of the Environmental Protection Act 1990. This is quite simple and need not cost much; you do need to employ a solicitor, but is advisable to obtain some legal advice.</p><p>Before approaching the court, it is a good idea to write to the noise-maker saying that unless the noise is abated by a certain date (e.g. two weeks) you will complain to the Magistrates' Court. Keep a copy of all correspondence. If the noisemaker ignores either a verbal or written request by you to abate the noise, contact the Justices' Clerk's Office at your local Magistrates' Court, explaining that you wish to make a complaint under section 82 of the Environmental Protection Act 1990.</p><p>The Clerk of the Court should be able to advise you further. You must give at least three days notice of your intention to complain to the Magistrates' Court, to the person considered responsible for the noise. The notice should provide details of the complaint and may be delivered by hand or by post. A Solicitor can do this for you (a solicitors' letter will show you are serious). You need to prove to the Magistrate, beyond reasonable doubt, that the noise you are complaining about amounts to a nuisance. The diary you keep will be important evidence. Although the law says that only one person needs to be affected for there to be a nuisance, in practice the evidence of other witnesses will strengthen your claim.</p><p>A date will be set for the hearing and the person about whom you are complaining, will be summoned to Court. You will be required to explain your problem and produce evidence of the disturbance. You will have to give your own evidence and cross-examine your supporting witnesses to draw out their evidence. The neighbour will be able to cross-examine you and your witnesses and may produce their own evidence. A Solicitor will help, but you can take action on your own. The law relating to business premises is slightly different: they can defend themselves by proving that they are using the "best practicable means" to prevent the noise.</p><p>If you prove your case, the Court will make an order requiring the nuisance to be abated, and/or prohibit recurrence of the nuisance. It also has the power at the time the nuisance order is made, to impose a fine on the defendant (currently up to £5,000). If this order is ignored, further Court action will need to be taken; you must therefore continue to keep records of noise nuisance in case it is necessary to return to Court. If you fail to prove your case you may have to pay some of the defendant's expenses in coming to Court.</p><h3>Are there Alternatives to Legal Action?</h3><p>Noise disputes are often resolved informally. Legal action should be a last resort. It is unpleasant and will inevitably further sour the relationship between you and your neighbour. It is very important that you do your best to resolve any problem in a friendly way. The Council has a partnership with an independent mediation service who can help the resolution of neighbour disputes. Please contact us if you wish to discuss this further.</p><h3>How do I notify you of my intent to carry out construction work?</h3><p>If you intend to carry out construction work a consent form needs to be completed, you can find this on the
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<a href="/ccm/services/pid.jsp?pid=417"><strong>construction information page</strong></a> <span class="gen">link to pid 417.</span></p><h3>Commercial noise</h3><p>Noise from commercial premises is often dealt with in the same way as that from a domestic premises. However, in some cases we may not need to prove a statutory nuisance where the premises holds a public entertainment licence. These licences
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are issued in order to ensure that the disturbance caused to the general public is kept to a minimum. Action can be taken against a premises that operates outside of its licensing agreement.</p><p>Construction sites are a very common source of noise pollution. They are often in areas which were quiet beforehand and therefore the noise generated from their activities are very noticeable. Construction noise is an anticipated part of a development
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and therefore a restriction on working hours is often prescribed as part of the planning permission.</p><h3>Aircraft noise</h3><p>Aircraft noise is excluded from Part III of the Environmental Protection Act 1990, which means that we have no direct responsibility in relation to noise from aircraft departing or landing.</p><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><span class="gen">postal address here</span><h3>
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<a href="/ccm/services/pid.jsp?pid=412"> Providing Information
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(412)
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</a></h3>]]></cms:content></cms:textAsset></cms:item>
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