The Need for Acoustic Evidence in Nuisance Cases We read with interest two recent articles from Environmental Health News reviewing two recent noise cases where the subject of acoustic evidence was brought up. The first1 made mention of Southampton City Council v Odysseas2 in a High Court judgement that resulted in the local authority loosingContinue reading “The Need for Sound Measurements in Noise Evidence”
Category Archives: Professional issues
Guide to Live and Amplified Music
Live Music Noise There have been a number of locally or nationally focused noise control guidance documents produced over the years concerned with live music noise. Some came about to serve a demand for guidance in the assessment and control of noise from premises such as pubs and clubs. One or two others were intendedContinue reading “Guide to Live and Amplified Music”
Local Authorities and Housing Associations Investigating Noise
Noise/Nuisance Training and CPD Our leadership team have been involved in training professionals and noise enforcement personnel for many years now. Local authority clients on our noise training events have included local authorities in London and metropolitan areas as well as rural districts and boroughs based in the ‘Shires’. It has also become popular for housingContinue reading “Local Authorities and Housing Associations Investigating Noise”
Tackling Poor Sound Insulation Issues Using Housing Legislation
Poor Sound Insulation – A Possible Solution? There have been few legal cases or appeals concerning the use of HHSRS with respect to noise issues so generally there are few established precedents concerning application of housing legislation in noise cases. However, it is generally accepted that the use of HHSRS is most likely to beContinue reading “Tackling Poor Sound Insulation Issues Using Housing Legislation”
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”
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”
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 – Section 82 – Update
Taking Your Own Action – The Statistics Statistics from the Ministry of Justice were previously obtained by noisenuisance.org relating to statutory nuisance prosecutions. Some of the figures stood out, particularly in relation to the use of s.82 of the Environmental Protection Act 1990. (Section 82 provides for persons aggrieved by a nuisance to apply forContinue reading “Noise – Section 82 – Update”
Anti-social Behaviour and Noise
Anti-social Behaviour and Noise The Anti–social Behaviour, Crime and Policing Act 2014 updated a number of powers relating to the control and prevention of anti-social behaviour; some of which may be useful with respect to noise control. Those with responsibilities to protect communities against unreasonable levels of noise, including the police, local authorities and, in some circumstances, housingContinue reading “Anti-social Behaviour and Noise”
Noise Nuisance 