What is a statutory nuisance?
Under Section 79 of the Environmental Protection Act 1990, (as amended), Councils have powers to deal with certain noise nuisances (these are deemed to be Statutory noise nuisances). However, for the Council to be able to act, the noise must be coming from private land or property or be generated by vehicles, machinery or equipment in the street. These powers apply not only to control existing noise, but also where noise is expected to occur or recur.
Please note that the Council has no control over the following types of noise:-
· Road Traffic/ revving of engines on the public highway
· People shouting/ laughing/ screaming on a public road or footpath
· Air traffic noise
So what constitutes a Statutory Nuisance?
This cannot be easily defined, but could be described as an unreasonable interference with the enjoyment of your property. It must occur regularly and must continue for a time which makes it unreasonable.
For this reason, the following are unlikely to be a statutory nuisance:
A one off party
Neighbours arguing
A lawnmower used during the day
A baby crying or dogs barking occasionally.
What can you do?
Firstly approach your neighbour and explain politely that you are being troubled by the noise. Although you may find this difficult, it is surprising how often neighbours are unaware of the unhappiness they are causing. Most will be glad to do what they can to reduce the noise, and may even thank you for letting them know!
If you live in a Housing Association or rented property, it is worth discussing the problem with your landlord. Most Conditions of the Tenancy include a requirement that tenants do not cause a disturbance to neighbours; a Housing Association may be prepared to take action if serious disturbance is being caused.
If your neighbour continues to cause a disturbance you may wish to complain to the Council.
The Complaint Process
Explain the problem to the Environmental Health Division of your Local Authority. Which ever method you choose for making your complaint, please make sure you explain the problem fully, giving your contact details as well as information on the type of noise, who causes it and how long it goes on for. Your Case Officer from the Council will try to contact you within three working days to discuss the matter further with you. The officer will then send letters to both yourself and the person who is allegedly causing the noise. Often, sending these letters is enough for the matter to be resolved, however if the problem continues, fill out the diary sheet providing precise information about when the noise starts and stops, what type of noise it is and how it affects you. Keep the diary for at least two weeks and then send it in to your Case Officer.
Once we have received the diary sheets, we will usually carry out a maximum of three visits to discover if the noise constitutes a statutory
nuisance. If a statutory nuisance is substantiated, the Council will serve a Notice under Section 80 Environmental Protection Act 1990, on the
person causing the noise or on the owner or occupier of the premises where the problem arises.An officer from the Division should initially contact you within three working days to discuss the matter with you. The officer will then usually carry out a maximum of three visits to discover if the noise constitutes a statutory nuisance. If a statutory nuisance is substantiated, the Division will contact the person responsible for the noise, in an attempt to resolve the matter informally. If this fails they will serve a Notice on the person causing the noise or on the owner or occupier of the premises where the problem arises.
In England and Wales, a person who commits an offence under Section 80 of the Environmental Protection Act 1990 on industrial, trade or business premises is liable on summary conviction to a fine not exceeding £20,000. Offences committed under Section 80 on other premises can result in fines of up to £5,000 with a further fine of up to £500 for each day on which the offence continues after the conviction.
If the Local Authority considers that summary proceedings would not afford an adequate remedy, in England and Wales it may seek an injunction in the High Court.