Noise Complaints Procedure
The Council recognises that the public has a right to expect uniformity of approach to problems of noise. The Advice given here outlines the Council's standard procedure for dealing with noise complaints. The provisions of the Human Rights Act 1998 and the Regulation of Investigatory Powers Act 2000 have been considered in the development of these procedures.
Making a Complaint
Complaints can be made in writing, by telephone, in person or through a third party such as your local Councillor, to the Environmental Health Department.
Complainants will be asked to give full details of the complaint, together with details of occurrences, action already taken and any previous complaints.
The identity of complainants is confidential, but will by law have to be revealed if the matter is referred to a Court of Law.
Where the complaint refers to domestic noise, the complainant should be asked whether they have approached their neighbour, since domestic complaints can often be settled amicably between the parties without local authority involvement. An informal approach by the complainant is not only courtesy, but also the first step in resolving any differences.
Investigating a Complaint
The complaint will be assigned to an appropriate officer who will then begin an investigation. All investigations are undertaken in line with the Department's Enforcement Policy, a copy of which can be viewed on the Council Web site or by contacting Environmental Health.
The Officer undertaking the investigation will discuss the nature of the complaint to clarify issues relating to the problem and explain the procedures for dealing with the complaint. This will include identifying when the noise is at its worst and most intrusive, where appropriate.
In the case of noise complaints, the complainant will be forwarded some complaint log sheets to complete with all the details of the problem, i.e. dates, times, duration, type and severity of noise.
If the complaint continues, and upon receipt of the complaint log sheets, either a recording device me be given to the complainants to record the noise or monitoring visits will be arranged by the investigating officer. It is the Council Policy to visit the complainant on a maximum of occasions, at a time likely to witness the alleged noise. In order to undertake this it may be necessary to visit at unsociable hours. Complainants will be asked to co-operate where appropriate.
The person(s) being complained about will also be notified that a complaint has been made, giving them the opportunity to discuss the matter informally. They will also be informed that if the complaint did continue monitoring may be undertaken to substantiate the problem.
If, on investigation, the Officer is satisfied that noise amounting to nuisance exists, the Council has a duty to take action to stop the nuisance.
This may, in the first case, be informal action (e.g. by further letters) against the person causing the nuisance. Where informal action is unsuccessful, or where informal action is considered inappropriate, formal action under The Environmental Protection Act 1990 will be taken.
Formal action is taken by serving a legal notice on the person responsible and will require the abatement of the nuisance. The notice will specify the time period within which the nuisance is to be abated. The complainant will be required to give a statement of the facts of the complaint at this stage, which may be used in court proceedings.
If the Officer has not been able to witness any noise or only noise which is not considered to be a nuisance, the complainant will be informed:
(a) of the action already taken to investigate the complaint.
(b) that the Council is unable to take further action.
(c) how to take their own action in the Magistrates' Court under Section 82 of the Environmental Protection Act.
(b) that the Council is unable to take further action.
(c) how to take their own action in the Magistrates' Court under Section 82 of the Environmental Protection Act.
Follow Up
The recipient of a notice served under Section 80 of the Environmental Protection Act 1990 has a right to appeal to a Magistrates' Court. The Court can confirm, amend or quash the notice.
If, once the time specified in the notice has expired or where an appeal has been heard and overruled by a court, the requirements of the notice are breached, the Council can prosecute the offender in the Court. If the prosecution is successful then the offender may be fined.
General Comments
- The Council has a number of leaflets available which give advice on a number of aspects of "noise".
- The Council will keep the identity of the complainant confidential when the complaint is being investigated. However, the complainant should take into consideration that in certain circumstances their identify may be known to the offending party (e.g. semi-detached property noise).
- The Council do not operate a 24 hour call out service for noise.
- If a complainant is dissatisfied with the way in which a complaint has been handled, the complainant can ask for an investigation to be undertaken into the whole matter.
North East Derbyshire District Council does not have the powers to investigate noise complaints in public places such as noise from car stereos on the highway, vehicles noises (revving) on the highway or aircraft noises (complaints of this nature are dealt with by the Civil Aviation Authority).
If you have a query about anything, you can contact us for more information using the contacts details below.
| ||||||
Advertisements
Advertising Policy - The inclusion of an advertisement on this site does not imply a recommendation or endorsement by NEDDC.
