Argyle Housing Group - Noise Nuisance Policy

The following information is taken direct from the London Borough of Ealing website at www.ealing.gov.uk and is provided for educational purposes only.

Ealing Council is committed to protecting the health of its residents and the environment from the effects of noise pollution. Residents in the borough have a right to the following:

- a right to sleep without disturbance during the night - light sleepers and those sensitive to noise will, however, have to accept some disturbance
- to have access to qualified staff that can assess the existence of a nuisance
- not to hear excessive noise from neighbours in their home on a regular basis, such as that caused by music, barking dogs , alarms and DIY .

What the law says about noise nuisance
Nuisance, in terms of its use under the Environmental Protection Act 1990 , is defined as: 'An unreasonable and significant emission of noise that causes significant and unreasonable interference with the use and enjoyment of your premises'. Where noise becomes excessive in volume and duration, or occurs at unreasonable times of the day, the council can investigate. It will assess whether or not the noise amounts to 'statutory nuisance' and make a decision on what action can be taken. Nuisance law is criminal law, and penalties on prosecution may include a fine or forfeiture any seized noise-making equipment.

To satisfy a court of law beyond all reasonable doubt that a nuisance existed, the council must gather sufficient evidence, including evidence gathered by you to demonstrate that the steps taken to abate the nuisance were reasonable. Evidence often takes time to gather and assess. In some cases, even where nuisance is proven, the person who caused it can use a defence of 'best practicable means'. This can be used when appropriate measures were taken to prevent the nuisance from occurring.

Forcible entry
In the absence of the owners, premises and vehicles can be forcibly entered by specific authorities such as the police to silence noisy alarms. Generally, an hour has to be given after the service of a notice before the council can forcibly enter a property or car. This time period may be extended if a warrant of entry has to be obtained.

Witnessing nuisances
Most nuisance assessments are made by attending the event and making a judgement. An officer may use a sound level recording device to measure the decibel level of the noise. If an officer cannot witness the nuisance, a similar device will be left at your premises for you to operate at a time when the noise occurs. You will also be asked to keep a diary, which may need to be used with witness statement forms from your neighbours, to convince the council that a reasonable case exists. In some cases, an abatement notice may be served if there is insufficient legal defence for the noise nuisance in questions. However, under the officer's discretion, informal action may be taken prior to the service of the notice. The officer will explain to you the proposed action and you will be kept informed of the council's progress within one month after receipt of your initial enquiry and at one month intervals after that. You may need to take legal action under Section 82 of the Environmental Protection Act 1990 or other legislation, especially in cases where events of short but regular nuisance occur but cannot be witnessed.

Abatement notices
The abatement notice is a legal document that requires the recipient to stop making unreasonable noise. It may also contain conditions to ensure that a nuisance does not occur in the future. An abatement notice will be accompanied by a letter detailing why the notice has been served and information regarding appeals against the service of the notice.

Not complying with the requirements of the notice is a criminal offence and the council may take action to abate the nuisance. The council may charge for any reasonable costs incurred, including administrative costs as a result of this. The recipient of the notice is entitled to a copy of the warrant of entry and a receipt for the items seized. A forfeiture order may also be obtained at a prosecution to prevent the return of the items. Offenders may be prosecuted in a magistrate's court, and a fine may be imposed of up to £5,000 for nuisances arising from residential premises and up to £20,000 for nuisances arising from industrial or trade premises, plus any additional costs that the council may be rewarded.

For more information, please contact the council's noise and nuisance team .

Leaflets

A leaflet about the council's noise nuisance policy is available in pdf format.