Environmental Health gets many complaints each year about noise from domestic premises. The majority of complaints arise from nuisance caused by amplified music and barking dogs.

It can sometimes be difficult to establish that there is a statutory nuisance but an investigating officer would look at how often the noise is heard, for how long, how loud it is, and time of day that the noise occurs. So for example music played at the same volume could be judged a statutory nuisance if heard in the early hours of the morning, when it's generally quieter and people are trying to sleep, but not if it is played during the day.

We are not able to investigate or take action with respect to noise from people in the street, day to day living noise (clicking of light switches, opening & closing doors, walking up the stairs etc), children playing or babies crying.
 

How are complaints investigated?

An officer will contact you to discuss your complaint. They will need to know when you are disturbed by noise, what time of day, how often and how it affects you. You may be asked to complete diary sheets for a minimum of 14 days. These diary sheets are an important part of our investigation. A letter will go to the occupier of the address you are complaining about. At this stage, we would not reveal where the complaint is coming from but the person you are contacting us about may have a good idea. We try not to confirm who has contacted us, but sometimes it is unavoidable (i.e. if there are only 2 properties in a rural location, or there is a lot of history between the occupiers of the properties).

In general we would not deal with anonymous complaints as we are unable to gather the evidence to take formal action should it become necessary.

When investigating we may:
• Make personal visits to witness the problem.
• Use technology to monitor the situation.
• Take action based on evidence provided by a number of residents who are prepared to make a formal complaint.

What happens after our investigation?

The vast majority of nuisance cases are resolved amicably without the need for formal action.

Noise Abatement Notice

If the officer is satisfied that there is sufficient evidence to prove a statutory nuisance then a noise abatement notice will be served. This formally tells the person complained about to abate the nuisance and may list measures that must be taken to do so. It will also have a time period for compliance. For some nuisances it will be immediate, for others, especially if there are specific structural works which are required it may be as long as 3 months. Each notice is individual.

It is important to note that an abatement notice is a legal document and therefore the person it is served upon does have a right of appeal. If a notice is appealed, then the circumstances leading to the notice being served will be heard in a Magistrates’ Court. We would usually require that the person(s) affected by the nuisance also attends court to give evidence so that they can inform the Court how they are affected. The Court may decide to withdraw, uphold or amend the notice.

What if the nuisance continues?

We may prosecute the offender if we believe that the statutory abatement notice is not being complied with. This could lead to conviction and a substantial fine.

In extreme cases where a one-off incident is causing significant disturbance, such as a burglar alarm, we can apply for a warrant from a Magistrate. This empowers us to enter the property and take steps to abate the nuisance.

Remember, we can only take formal action if you are prepared to give a statement and appear in court as a witness if necessary.

Mediation

In cases where there is a problem with noise but it is not a statutory nuisance, then mediation may help resolve the problem. With mediation an independent third party is appointed to listen to the views of both parties and help reach an agreement or compromise.
If you are a resident of Aylesbury Vale, you can contact Mediation Buckinghamshire on 01494-520821

Taking civil action to deal with a nuisance problem

You can take civil action for nuisance using common law by seeking either an injunction to restrain the defendant from continuing the nuisance and/or by issuing a claim for damages or loss.

However, be warned that taking out a civil action can be very expensive. We strongly recommend that you seek the advice of a solicitor or the Citizens Advice Bureau before going ahead.

To report a problem you are having with noise from a home in Aylesbury Vale, please click here to complete our form.

Date Updated: 16/12/11