Frequently Asked Questions
There are so many questions that people ask about noise, we've tried to answer the most common questions here:
What is a Statutory Noise Nuisance?
The Environmental Protection Act 1990 defines a statutory noise nuisance as 'noise emitted from premises so as to be prejudicial to health or a nuisance'. We have to take a range of facts into account when we decide if a noise is a 'statutory nuisance':
Volume - if it can be clearly heard outside of the property or through an adjoining wall, then it is likely that the noise is a statutory nuisance. There is no fixed decibel limit.
Time of Day - if the noise happens during the night it is more likely to cause disturbance than if it happened during the day. Sundays and Bank Holidays are also seen to be quieter days when noise can be more of a nuisance. Time of day alone is not enough to decide whether a noise is or isn't going to cause a problem to others.
Duration / Frequency - noise that happens on a regular basis is more likely to cause disturbance and constitute a nuisance.
Type of Noise - extremely low frequency noise (such as thumping bass music) or high frequency noise (shrill whistling noises) can be more of a nuisance.
We consider all these factors together to make our decision so it is difficult to define specific times / volumes / types of noise that are or are not allowed.
What can I do to make sure I don't cause a nuisance?
There are a number of ways that you can try to be a good neighbour:
- Music
Keep the volume low, especially at night, and consider using headphones. Don't use too much bass as this can be the most annoying part.
- DIY
Let your neighbours know beforehand if you are carrying out such work inside or outside the home, and try to do the noisy work during the day.
- Burglar Alarms
Ensure the alarm is fitted with a 20 minute cut-off device and the names of two key-holders are lodged with us.
- Parties
Let your neighbours know about the event beforehand. Keep music turned down to a reasonable level throughout the party and encourage party goers to go home quietly.
- Dogs
Don't let your dog bark or whine for long periods. Check with your neighbours whether it is causing a problem or not while you are out. Our Dog Control team might be able to help with barking problems.
- Cars
Don't rev the engine excessively, use the horn only for emergencies and keep music levels down.
- Domestic Appliances
Keep washing machines, tumble dryers and dishwashers away from adjoining walls and place them on carpet/rubber mats to reduce vibration.
- Lawn Mowers and Garden Power Tools
Mow the lawn and use garden power tools at a reasonable time - not early mornings or late at night. Maintaining your tools well will not only make them quieter but they should last longer too!
- TV
Keep the volume at a level that you can hear comfortably but which cannot be heard in an adjacent property. Many modern televisions, especially televisions with surround sound speakers and sub woofers, have increased bass levels that easily pass through walls - if you can hear it in other rooms in your home it is possible that your neighbours may also be able to hear it. If you purchase a new TV or move your existing set why not ask your neighbour if the change is causing them a problem?
- Children
Ensure children are considerate to neighbours when playing outside, especially by throwing/kicking balls against walls of neighbouring properties.
Can I report a noise problem anonymously?
Yes, and no. You need to give us your full details so that we can begin an investigation, but will keep your identity secret unless the case eventually results in a prosecution.
What if it isn't possible for the Council to witness the nuisance?
Due to the irregular pattern of some noise, it may not be possible for an officer to witness the problem and the Council would not be able to take any further action.
However, you can still take your own action by making a complaint direct to the Magistrates Court under Section 82 of the Environmental Protection Act 1990. This can be done by contacting the Justices' Clerk's Office at the Local Magistrates Court.
This can be quite simple and you do not have to employ a solicitor, although it is advisable to obtain some legal advice, particularly for the level and detail of evidence required. The Bothered by Noise guide gives you details of how to make your own complaint at the Magistrates Court.
Do the same rules apply to business premises as for domestic properties?
The law in relation to business premises is slightly different, as businesses have a defence against any action if they have taken the 'Best Practicable Means' to prevent the noise. There are a number of factors that would need to be considered for this, including the cost of remedial work to limit the noise, how practical it is and also how much of a reduction in noise levels would be achieved.
What if there is a noise problem outside office hours?
Unfortunately we don't offer a 24 hour 'out of hours' service. If there is an emergency situation, such as a public order problem or domestic violence, please contact the Police. For all other problems please get in touch with us during office hours or complete our Online Form.
What can you do about aircraft noise?
We can't investigate reports of problems with aircraft noise, they are dealt with by the Civil Aviation Authority
Who deals with noise problems for Council/Rykneld Homes tenants?
If you live in a Council owned property, please get in touch with your Neighbourhood Champion first to discuss the problem. They may be able to solve the problem or act on your behalf to request an investigation. Find out more on the Rykneld Homes website.
Who deals with noise in public areas, such as traffic noise?
Noise in public places - such as revving engines and car stereos – is dealt with by the Police at the time the problem is happening.
If you have any more questions please contact our Clean and Green hotline (details below) or complete our Online Form.
| ||||||
Advertisements
Advertising Policy - The inclusion of an advertisement on this site does not imply a recommendation or endorsement by NEDDC.
