Noise pollution

Noise is simply defined as unwanted sound. It can therefore be very subjective, and affect people differently.  Noise is a common source of annoyance and for some people it can be very upsetting. Remember, no home is totally soundproof - everyone can expect a certain amount of noise from their neighbours.  The most common reasons for being disturbed by noise from neighbours are:

• They may be behaving unreasonably e.g. playing loud music late at night 
  
• They may be behaving normally but the sound insulation between the properties is not sufficient to cut out the normal sounds of everyday living.  Read more about improving sound insulation.
  
• You may have become oversensitive to the noise, particularly if you do not get on with your neighbours. Some people will ‘tune-in’ to a particular noise and find it annoying even when most other people would not. 
  

When trying to resolve a noise problem informally, keep a copy of any letters you send and keep a record of any further conversations you have.

Legal powers to deal with noise are covered by the Environmental Protection Act 1990 and the Anti-social Behaviour, Crime and Policing Act 2014.  Powers to deal with noise nuisance from vehicles, machinery and equipment in the street are also available in the Noise and Statutory Nuisance Act 1993.

Statutory nuisance and noise

To be considered a statutory nuisance, the noise has to be serious enough to be interfering substantially with your well-being, or comfort and enjoyment of your property.  This may include certain types of noise.  

Read more about statutory nuisance laws on the government's Legislation website.

Anti-social behaviour and noise

To be considered anti-social behaviour, the noise has to be having a detrimental effect, of a persistant or continuing nature, on the quality of life of those in the neighbourhood.  You can read more about how the council deals with anti-social behaviour.

Read more about anti-social behaviour laws on the government's Legislation website.

You can also view a copy of the council's enforcement policy. 

Civil aircraft and helicopters

This includes all types of civil passenger carrying aircraft, private pleasure aircraft, helicopters, microlites and crop-spraying aircraft which are registered in the UK.  Wherever possible, details of time, place, type of aircraft and registration marks should be given to enable the investigating authority to complete its enquiries as quickly as possible.

Civil aviation authority - aircraft noise website 

Department for transport - aviation and airports website 

British microlite aircraft association website

British helicopter association website

Military aircraft and helicopters

If the aircraft is known to originate from a local air base, the initial complaint should be directed to the base commanding officer.  If this does resolve the issue, then complaints relating to military air traffic may be directed to the Royal Air Force.

Royal Air Force - low flying aircraft and complaints website

In order to determine if the noise amounts to a statutory nuisance, we will try to gather first hand evidence of the noise. This may be by visiting at a time when the noise is likely to occur or by installing recording equipment.  The council is expected to take reasonable steps to investigate a complaint. For most complaints this would mean three visits or separate installations of recording equipment.  If by then we have not gathered sufficient evidence to determine a statutory nuisance, we will normally close the case and advise the complainant of their options for taking their own private action. 

It is difficult to define what will amount to a nuisance, as each case will be different. Therefore there cannot be a set noise level that is applicable to every case. Where a relevant standard exists to enable a noise to be measured objectively it will be used. We will consider the following issues when determining a case: 

• Volume (how loud a noise is) 
  
• Duration (how long it goes on for) 
  
• Regularity (how often has it happened) 
  
• Time (night time noise is considered to be more intrusive) 
  
• Neighbourhood (what is the background noise level in the area) 
  
• Malice (was the noise caused deliberately to upset).
  

If it has been decided that a nuisance does exist, the council is under a duty to serve an abatement notice on the person(s) responsible. Failure to comply with the requirements of a notice is an offence. The council does not however have a duty to prosecute, and where appropriate, we may consider use of other powers such as the seizure of equipment.

Construction and demolition works are usually noisy and can take place in areas which are normally quiet and clean.  Although the work may not last long, the disturbance caused by noise and other issues may lead to problems for people who live and work near the site.  The council often receives complaints from people about disturbance of this nature.

It is in everyone’s interests to try to foresee any problems which could arise and plan ways to avoid them. Contractors should obtain a copy of British Standards 5228:2009 which is a Code of Practice containing information and procedures for noise control on construction and open sites. 

The following suggestions can help reduce the likelihood of noise disturbance:

• Give neighbours who may be affected by particular operations at least 48 hours notice.
  
• Keep normal working hours between 7.30am to 6.30pm Monday to Friday and 8.00am to 1.00pm on Saturdays.  There should be no Sunday or Bank Holiday working, as far as possible.
  
• Select the quietest suitable plant and equipment and keep it properly maintained and observe safe working practices.
  
• Make sure that all sub-contractors are told to carry out their work in compliance with agreed guidelines on noise and other matters.
  
• For long term and complex projects, arrange for detailed liaison with the local community, through structured meetings with residents.
  
• Be vigilant and ensure compliance with all planning conditions.
  
• Inform the council where activities might be expected to cause disturbance.  
  
• Take all reasonably practicable steps to prevent noise from causing a nuisance.
  
• Ensure that any particularly noisy operations are not undertaken outside normal working hours.
  
• Do not allow the use of radios on the site in circumstances where it could cause disturbance.

It is possible that even after several visits to your property to witness the noise nuisance, the council is not able to pursue the matter for you. This may be because having heard the noise, our officers may not feel that the noise would represent a nuisance to the “average person”. For example, the noise may be during the day but disturbs you because you are a shift worker trying to sleep during the day. Alternatively, it may be that the random and intermittent nature of the noise means that our officers were not able to visit when the noise occurred and were therefore unable to confirm that it constituted a nuisance. 

You may therefore decide to take legal action yourself to resolve the problem. Under Section 82 of the Environmental Protection Act 1990 you are entitled to complain directly to the Magistrates’ Court. If the court is satisfied that a nuisance exists or has occurred and is likely to recur, it will make an order requiring the defendant to abate the nuisance and/or prevent its recurrence. The court may also impose a fine. 

If you decide to complain to the Magistrates’ Court, you MUST give your neighbour at least three days’ notice of your intention to do so. The letter must be in writing and give details of your complaint. Remember to date the letter and to keep a copy of it. 

The next step is to contact the Clerk to the Magistrates’ Court. The Clerk will then advise you what to do. You may wish to do this yourself or you may engage a solicitor to do this for you. However, you should remember that a solicitor may make a charge for his services. 

If you win the court case, you may still have to keep a record of any nuisance caused by your neighbour in case further legal action becomes necessary. Should you lose the case, you may have to pay some of the costs incurred by your neighbour in coming to court. 

• Cockerels tend to crow from first light. If they can be put into a dark hen house or coop covered with a heavy material overnight and they cannot see the dawn this should reduce the problem. 
  
• Let the cockerel(s) out later in the morning (e.g. 8am onwards) this should delay the early morning crowing. 
  
• A high level shelf can be put in the hen house to allow the cockerel to walk around above the hens but prevents it stretching its neck to make the crowing sound (Consideration should be made for separate hen houses for each breed so when closed in at night smaller cockerels and chickens have a lower ceiling height in their house than the bigger breeds to prevent crowing).
  
• Ideally only have one cockerel (over 5 months in age) at the premises at any one time, to prevent competition and more crowing.
  
• Locate the cockerel(s) away from neighbouring residential property.
  
• Consider sound-proofing the hen-house, building or shed where they are housed, and prevent light from entering it.
  
• Make sure there is plenty of food and distractions to keep them occupied, as boredom can be a cause for more crowing.
  

• Make contact with the neighbouring traders when looking for a site to busk.  Advise them how long you intend to perform in that location (should never be more than 1 hour)
  
• Consider neighbours when setting your volume - reduce the noise level to a minimum and stick to it.  Busking must never be intrusive or a nuisance to nearby premises.
  
• Vary your location (pitch) from day to day.  Move at least 100 metres away from the last pitch used if carrying out more than one performance that day.
  
• Try to co-ordinate and co-operate with other buskers.
  
• Stop busking if requested to do so by anyone who is inconvenienced or disturbed by what you are doing, or if asked to do so by the police or a council officer.