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TOP TEN TIPS These tips relate to individual neighbour noise problems. They provide warnings of obstacles you may encounter. 1. Keep a diary of the time and dates the nuisance occurs. Keep a record of the nuisance as soon as it happens. It is not a legal requirement, but you may need it to back up your complaint and it could be used in evidence if you go to court. Keep a note of all letters, phone calls and conversations. Collect other evidence if possible (e.g. Photos, recordings) but without being intrusive or obvious. You want to avoid counter allegations of harassment. 2. Let your neighbour know they are causing a nuisance. Don’t approach your neighbour if you feel they could be violent. If you do approach them, wait until a suitable time. Although you may feel angry, don’t lose your temper. It could be used against you at another time. You could inform your neighbours in writing they are causing a problem, but keep a copy of any letters. 3. Contact the council’s Environmental Health Department. They have a statutory duty under section 80 of the Environmental Protection Act 1990. The Environmental Health Officer (EHO) is required to take “all reasonable” steps to assess whether the noise constitutes a statutory nuisance. Statutory Nuisance is not defined, but the test tends to be if it is likely to be “unreasonable” to the average person. If the EHO is satisfied that a statutory nuisance exists, or is likely to occur or recur, they have to serve a noise abatement notice. It is likely that the EHD will give you their own diary sheet to complete. Stick to the noise complaint, don’t bring other issues into it, such as, “they are always parking their car infront of my house” as your complaint may be dismissed as simply a neighbour dispute. Some councils may even use a tamper proof Digital Audio Tape Recorder to assess the noise problem. Be aware these machines may have a date and time recording, so if you are keeping a diary make sure it coincides with the DAT recordings. Noise measurements are not a legal requirement when using the Environmental Protection Act 1990, or to determine if a nuisance exists. 4. Try to get support from other neighbours. The law does not require other neighbours to support your complaint. You have individual rights. Some councils may say you need at least two neighbours to back up your complaint. You don’t. Of course, if you can get other neighbours to witness the noise, or make their own complaint, it will make your case stronger. 5. Making a complaint to the police. Although the police don’t have any powers to deal with domestic noise complaints they do have powers to issue Anti Social Behaviour Orders. This normally applies to on-going problems and involves other types of behaviour. ASBOs are usually issued with the cooperation of the Local Authority. The police may be able to use their powers under Breach of the Peace in situations when the perpetrator becomes aggressive and threatening. 6. Don’t agree to anything unless you are really happy. Some councils use the services of a mediation scheme to help resolve neighbour noise problems. Mediation is an independent third party and they remain neutral in any discussions or agreements you decide with your neighbour. However, if you do use this service make sure you are really happy with any agreement reached. Remember, you have rights and they should not be compromised just because your local authority hasn’t got the resources to investigate and deal with your noise complaint properly. 7. Don’t settle for a warning letter. Some councils have a policy to first send a warning letter to the person you have made a complaint about. Be aware you could face verbal or physical threats from your neighbour if they discover you have complained. They will also realise they are being investigated and the noise may become more intermittent and opportunistic. This makes it more difficult to collect evidence. Try to insist that evidence is collected first before sending any warning letter. They can also take action on the basis of noise diaries or tape recordings they have made. 8. Don’t take private action unless you have to. It is advisable to seek legal and technical advice before pursuing private action. The national help line Noisedirect will be able to assist with private action. For a set fee of £97 + VAT they will provide you with the necessary documents for taking legal action under Section 82 of the Environmental Protection Act 1990. They also provide a fixed fee of £36 for a half an hour confidential interview with an experienced Environmental Health Professional. Not every case is suitable for private action though. 9. Complain to your council if you are not satisfied with the quality of your investigation. The quality of investigation procedures vary. Some Environmental Health Officers, or their Technical Assistants, may make several visits, or even provide a DAT recorder to assess a problem, whilst others may just send a warning letter. A competent investigation is vital to the resolution. Find out what your council’s policy procedure is. If they don’t have a set procedure to investigate complaints, find out why not and report this to your local councillor who are there to represent you and set policy that Officers then have to carry out. But also, there are regulations set by central government for noise nuisance. If you are not satisfied that your council has dealt with your complaint about their procedure, complain to the Local Government Ombudsman. But you must give your council the opportunity to deal with your complaint first. 10. Complain to the Local Government Ombudsman. If you are not happy with the quality, or the way your local authority handled your noise complaint, you could complain to the Local Government Ombudsman. These are an independent free service that has the same powers as the High Court. They could require anyone to provide information or produce documents for their investigation. However, the Local Government Ombudsman will not determine if your noise complaint is justified, but only investigate “maladministration”, i.e. if the local authority has not fulfilled the correct procedures. Be aware if the Ombudsman rejects your complaint, your Local Authority may use this as an excuse not to pursue your complaint about noise. They should not use the decision regarding maladministration to avoid investigating your complaint about noise. Although they may give other reasons why they will not, or cannot, continue to investigate your noise complaint. AN OPPORTUNITY TO COMMENT The government is presently developing a Neighbourhood Noise Strategy that will go out for public consultation by early 2008. So if you have had a poor service from your Local Authority, you should write to the Minister responsible for noise nuisance and explain what happened. The Minister can be contacted via DEFRA. Other useful websites: |
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UK Noise Association, PO BOX 551 Chatham, Kent ME4 9AJ Tel: 01634 863 852 www.ukna.org.uk info@ukna.org.uk |
Briefing Sheets: Neighbour Noise—What Can I Do?
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