Noise Annoyance

What is noise annoyance?

Do you have cause for complaint?

Common sources of noise

What can the Council do?

What can you do?

Contact Environmental Protection

What is noise annoyance?

Noise if often described as unwanted sound and we all live with a degree of it - from work, leisure and the home. Some levels of noise can cause problems during both day and night, and there are no legal limits for domestic noise. However, most noise problems can be resolved informally, especially in domestic cases.

If you would like advice on noise, contact the Council's environmental protection team - tel 01225 776655.

Do you have cause for complaint?

You may have cause for complaint if you can answer 'yes' to most of these questions:

• Is the noise frequent?
• Does it persist for hours?
• Is it very loud?
• Does it keep you or your family awake?
• Does it make you ill or give you headaches?
• Does it prevent you from doing things?

Common sources of noise

Domestic noise

- eg barking dogs, burglar alarms, loud music and DIY. In the first instance it is advisable to speak to the householder. If the problem continues see 'What can the Council do'.

Road Traffic

- Contact the Highway Authority - Wiltshire County Council on 01225 713000

Noise from individual vehicles

- motor horns etc - contact Local Police

Parked vehicles and car alarms

- contact the District Council Environmental Protection team on 01225 776655

Air Traffic

- for complaints about low flying contact the Civil Aviation Authority - tel 0207 832 5705.

Military Aircraft

- contact Headquarters Salisbury Plain Training Area - Bulford, tel 01980 632905, or the Complaints and Enquiry Unit, Floor 5 - Zone H, Ministry of Defence, Whitehall, London, SW1A 2HB. Tel: 020 7218 6020. E-mail: lowflying@mod.uk

Construction Sites

- contact the foreman/ manager. If the problem continues contact the District Council Environmental Protection team on 01225 776655

Contact the Environmental protection team on 01225 776655 or email environmentalprotection@westwiltshire.gov.uk

What can the Council do?

Our environmental health officers investigate every complaint. Details of the complainant are kept confidential - however, if the matter ends up in a court case, the complainant would have to provide a formal statement and may have to provide evidence.

Step 1:

we will contact both parties and try to resolve the problem informally. We will ask the complainant to log the noisy events on a record sheet for about 28 days.

Step 2:

if the problem continues during the 28 day period, we will attempt to witness the noise whilst in progress.

Step 3:

If the noise cannot be witnessed by an officer, then specialised recording equipment may be installed in the complainant's house.

Step 4:

the officer will assess the noise to see if it constitutes a ' statutory nuisance'. This means a nuisance in law, not merely an inconvenience or annoyance. In assessing the problem, the time of day, the character, frequency and volume of the noise are considered.

Step 5:

If the noise amounts to a ' statutory nuisance', then a formal noise abatement order is served to reduce the noise.

Step 6:

If the noise continues after the noise abatement order has been served, then the Council can take action in the Magistrates' Court. The Court can impose a penalty of up to £5,000 for domestic noise and up to £20,000 for commercial noise.

If the officer cannot witness the noise or if there is insufficient evidence, they may recommend that you take your case to the Magistrates' Court.

What can you do?

1.

Discuss the problem with the person creating the noise.

2.

Keep a detailed written record of dates and times when it occurs.

3.

Contact the Environmental Protection Team at the Council. The investigating officer will advise you whether or not the investigation can be taken further. If you are advised to act for yourself, continue with the following steps:

(a)

Write to the person causing the noise informing them of your complaint and keep a copy.

(b)

If verbal and written approaches do not succeed then contact: Clerk to the Justices, Justices Clerks Office, The Court House, Pewsham Way, Chippenham, Wiltshire, SN15 3BF, Tel: 01249 463473. Tell them that you wish to lay a complaint under Section 82 of the Environmental Protection Act 1990. The Magistrates’ Court currently charges for this service. You do not need to engage a solicitor.

(c)

Before taking proceedings under this section you must write to the person you are taking action against to give notice of your intention to bring proceedings. You must specify what your complaint is and give at least 3 days notice.

(d)

The Justices' Clerk will inform you of the date of the hearing. The other party will also be informed and will probably attend court to defend themselves or to make counter accusations.

Contact Environmental Protection

For further information or advice relating to noise annoyance, please contact the environmental protection team on 01225 776655 or email environmentalprotection@westwiltshire.gov.uk