Noise and nuisance
Noise is an inevitable consequence of today’s society, comprising natural and man-made sources. Noise is subjective and defined as ‘unwanted sound’. As such, one person’s noise is another person’s sound. Noise is subdivided into environmental noise (covering road, rail, air transport noise), neighbourhood noise (from people and activities eg pubs, clubs, construction sites) and neighbour noise (the noise from next door). Neighbourhood and neighbour noise may be found to be a statutory nuisance. The cost of noise pollution in England from environmental (road traffic) noise alone is estimated to be between £7 billion and £10 billion per year.
Statutory Nuisance can also be found for other types of problems including the adverse effects of artificial light, dust, odour and insects. A Statutory Nuisance will occur where it can be concluded that the effect is prejudicial to health or that a nuisance exists (ie interfering with a person’s ordinary use or enjoyment of their land). It should be noted Statutory Nuisance is limited to ‘the average person’ ie someone who is not unusually sensitive.
Latest news
- 8 March 2012 – Consultation: Code of Practice on Noise from Ice-Cream Van Chimes Etc. 1982
The case for government action
- Local authorities have a duty to manage neighbour and neighbourhood noise and nuisance and a responsible for the implementation of these policies under the Environmental Protection Act 1990.
- 42% of people feel noise affects their private home life in some way. (Noise Attitude Survey 1999/2000).
- Noise not only affects the quality of life, there is also emerging evidence it also directly affects health, particularly cardiovascular impacts.
- Other potential sources of nuisances such as artificial light, dust, odour and insects are also known to affect people’s quality of life.
- In their 2009 report, the Royal Commission on Environmental Pollution (RCEP) expressed concern about the potential for artificial light to have an adverse ecological impact and called for further research.
- Government is responsible for disseminating information regarding noise and nuisance policy and providing a supporting role to local authorities.
- The government through, local authorities, is required to identify and protect quiet areas in order to improve quality of life
The Noise Policy Statement for England provides the framework for noise management decisions to be made that ensure noise levels do not place an unacceptable burden on society.
Relevant legislation and regulation
- The Environmental Protection Act 1990
- Control of Pollution Act 1974
- Cleaner Neighbourhoods and Environment Act 2005
- Noise and Statutory Nuisance Act 1993
- Noise Act 1996
- Directive 2002/49/EC relating to the assessment and management of environmental noise: The Environmental Noise Directive (END)
- The Environmental Noise (England) Regulations 2006
- amended in 2008 by The Environmental Noise (England)(Amendment) Regulations 2008
- amended in 2009 by The Environmental Noise (England) (Amendment) Regulations 2009amended in 2010 by The Environmental Noise (England) (Amendment) Regulations 2010
- Q&A on The Environmental Noise (England) Regulations 2006 (PDF 30 KB)
- Full Regulatory Impact Assessment (PDF 200 KB) for Environmental Noise (England) Regulations 2006 SI 2006.2238
For information about noise and nuisance in: