Noise: taking formal action
Under Part III of the Environmental Protection Act 1990, as amended by the Noise and Statutory Nuisance Act 1993, local authorities have a duty to investigate a complaint of noise or other nuisance (including smoke, fumes, accumulations, deposits, odours etc) from premises (land and buildings) and vehicles, machinery or equipment in the street.
If a local authority's environmental health officer is satisfied that problem complained about amounts to a statutory nuisance then the authority must serve an abatement notice on the person responsible or in certain cases the owner or occupier of the property. The notice may require that the noise or nuisance must be stopped altogether or limited to certain times of the day. Thus, the nuisance should be abated and failure to comply the terms of an abatement notice can result in substantial fines.
There is a defence available in any proceedings in respect of industrial, trade or business premises that the "best practicable means" have been used to prevent the nuisance or counteract its effect. (However, the defence is not available with regard to domestic premises.)
Individual action
Individuals may take their own action through section 82 of the Environmental Protection Act 1990. Further details of the procedures involved are available from the clerk to the local magistrate's court. Taking legal action may be expensive. If the case is dismissed you will normally incur your own costs and may incur the costs of the other party.
If you are not satisfied
If, after allowing a reasonable time for the local authority to act you are unhappy about the way they have handled the case you should make a formal complaint to the relevant department at the authority or Chief Executive. Alternatively you can talk to your elected ward councillor. Your local authority may have a formal complaints procedure.
You have a right to apply to your Local Government Ombudsman who can investigate how a local authority has dealt with your case. The ombudsman is independent of both local and central government. The decision whether or not to investigate a complaint is entirely at the ombudsman's discretion.
- More information: Local Government Ombudsmen website
Legislation
The following are the principal Acts used by local authorities when dealing with neighbourhood noise. They are available on request from The Stationery Office:
- Control of Pollution Act 1974: Chapter 40 Part 3: ISBN 0 10 544 074 4
- Environmental Protection Act 1990: Chapter 43 Part 3: ISBN 0 10 544390 5
- Noise and Statutory Nuisance Act 1993: ISBN 0 10 544093 0
- Noise Act 1996: ISBN 0 10 543796 4
- Clean Neighbourhoods and Environment Act 2005: ISBN 0105415057
Information leaflet
- Bothered by Noise? There's no need to suffer - Information on how to deal with neighbourhood noise problems
Other useful links
- Information for Local Government- Government gateway to information for local authorities from across Whitehall.
Page last modified: 16 August 2007