Noise from Neighbours – Investigation Process This model describes the investigation process involving a typical case of noise from neighbours in a local authority (typically, an environmental health department, and sets out a rough expectation for benchmarks. We think it is best that you have an understanding of what to expect from your local authority. ThisContinue reading “Noise Investigation Process – Timeline”
Author Archives: The Team
Qualifications and Professional Competence
In a recent noise enforcement forum questions were raised over the use of unqualified and inexperienced personnel to investigate and make determinations of statutory nuisance on behalf of local authorities. In particular, concerns centred around the possibility of legal challenges on appeal of a notice or during criminal proceedings. This article provides some discussion onContinue reading “Qualifications and Professional Competence”
Summary of the Main Legislation
The following provides a brief summary of the main specific noise pollution laws invoked in relation to neighbourhood noise and nuisance issues. STATUTORY NUISANCES Section 79 of the Environmental Protection Act 1990 lists two statutory nuisances relating to noise: (a) Noise emitted from premises so as to be prejudicial to health or a nuisance; and(b) NoiseContinue reading “Summary of the Main Legislation”
Cockerels & Other Birds
Noisy Birds, Crowing Cockerels & Peacocks Most male birds make some noise, particularly at dawn. Whilst wild bird song can be particularly loud noisy birds are not generally accepted as a problem (and even if it were there would be little one could do about it!). However, noise from domestic or farmed birds do sometimesContinue reading “Cockerels & Other Birds”
Dancing with the Grim RIPA
CHANGES TO RIPA There were some changes to the way that local authorities go about surveillance activities. The provisions brought about by the Protection of Freedoms Act 2012 tightened surveillance authorisation procedures and further restricted the ability to conduct directed surveillance activities. The rules impose a “crime threshold” so that local authorities may now onlyContinue reading “Dancing with the Grim RIPA”
National Planning Policy Framework & Noise Policy Statement for England
Acoustic Design for Development post PPG24 Introduction The National Planning Policy Framework (NPPF) came into force in March 2012 and represents the government’s commitment to sustainable development, through its intention to make the planning system more streamlined, localised and less restrictive. It aims to do this by reducing regulatory burdens and by placing sustainability atContinue reading “National Planning Policy Framework & Noise Policy Statement for England”
Noise from Concerts & Festivals
Noise from Concerts and Festivals Summer brings with it the potential for noise from concerts and festivals. Outdoor events have increased in popularity in recent years. Most large concerts and festivals will require a premises licence to operate (issued under the Licensing Act 2003). That will stipulate the times at which live music can beContinue reading “Noise from Concerts & Festivals”
Noise from DIY activities
From time to time people it is inevitable that neighbours will need to complete maintenance tasks on property, improve living conditions or change decor. Most people can accept a certain amount of noise generated from DIY activity, even during evenings or at weekends, so DIY generally does not become a problem unless it: Continues overContinue reading “Noise from DIY activities”
Best Practicable Means
The defence of Best Practicable Means is available with respect to noise emitted from industrial, trade or business premises. It is available as a ground for appeal and as a defence to prosecution when it is alleged that a notice, served under section 80 of the Environmental Protection Act 1990, has been breached. A shortContinue reading “Best Practicable Means”
Noise from Intruder Alarms
Where noise from intruder alarms becomes a problem, i.e. when they malfunction or sound continuously, they need to be switched off to prevent prolonged disturbance. This can be particularly problematic at night. Having access to key-holder details can speed the process up and prevent the need for enforcement action. However, local authorities often face difficultiesContinue reading “Noise from Intruder Alarms”
Noise Nuisance 