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• How to complain about noise
• More information about noise
• Health effects of noise
• Neighbour noise problems

Sources of Noise Pollution

Ambient or environmental noise

The main source of ambient noise is transport – road, rail and air – of which road is the biggest source. These sources of noise are generally dealt with by other agencies.

Neighbourhood noise

This is where the effects of noise are confined to a small area, for example noise from a club, entertainment venue, small factory or building site could be classified as neighbourhood noise. The individual sources of neighbourhood noise are usually easier to identify and therefore to take action on.

Neighbour / domestic noise

This affects the smallest number of people, but is often the most annoying. The most common neighbour noise complaints are about loud music and dogs barking, intruder alarms, loud televisions, shouting, banging doors, and DIY.

Occupational noise

There is strict legislation relating to noise at work, with requirements for workers in noisy areas to be protected. For more information regarding workplace noise, please contact the

How to Complain About Noise?

1. Tackle the Source

First, approach whoever is responsible for the noise. They will often not realise they are disturbing you. The majority of noise complaints are resolved informally, and you may well get a quicker result than if you wait for an official to arrive. In cases where you might feel threatened, or where previous personal approaches have not worked, contact the Council.

2.a. Complain to the Council

Contact the Environmental Protection Section at the Council. We will investigate your complaint. In the first instance we will try to contact the offender and endeavour to resolve the problem informally, but if this is not successful, we will require evidence that the noise is ongoing in the form of a noise diary sheet.

If a statutory nuisance is established an abatement notice will be served. If the offender fails to comply with the notice, proceedings can be taken in the Magistrates Court or an injunction sought in the High Court.

2.b. Complain to Ashfield Homes

Alternatively, if you and the alleged perpetrator are both Ashfield Homes tenants, then you should contact your local area housing officer in the first instance and discuss the situation with them. They will either deal with the problem themselves or refer it to the Environmental Protection Section as appropriate.

3. Mediation

Many people have used mediation services to help resolve noise disputes. This may often prove quicker than the legislative route, and is useful where there is a problem but a statutory nuisance cannot be proved. Mediation services are available from Ashfield Homes and Mediation UK, amongst others.

If these approaches fail...

1. Complain Direct to Magistrates

As an occupier of premises affected by noise nuisance you can complain directly to the Magistrates Court under section 82 of the Environmental Protection Act 1990. You may do this either because you do not wish to involve the local authority or because you have not obtained satisfaction from them.

2. Take Civil Action

Civil action can be taken if you demonstrate that the noise nuisance substantially affects your health, comfort or convenience. It can be expensive and it is wise to seek legal advice. If you win the case you will obtain an injunction to stop the nuisance and can sometimes claim damages. Civil action differs from Magistrate Court proceedings in that judgment is based on how the nuisance affects others.

Trade and business premises have a defence of "best practicable means" which briefly means they are still producing noise but have taken all reasonable steps to reduce the noise.

3. In extreme cases...

Neighbour noise can be part of a more serious neighbour problem. Under the Housing Act 1996, social landlords can take action against tenants for anti-social behaviour. The Crime and Disorder Act 1998 gives councils the power to issue an anti-social behaviour order to anyone causing "harassment, alarm or distress" – this can include noise. Disobeying an order carries a prison sentence of up to five years.

More Information about Noise

Noise Nuisance

A nuisance is often difficult to establish but, generally speaking, if something is unreasonable to the average person, a court might decide it is a statutory nuisance. Noise nuisance is covered by Part III of the Environmental Protection Act 1990 (EPA). This law empowers local authorities to deal with noise from fixed premises (including land) if they consider that the noise amounts to a statutory nuisance. Proceedings may be taken against noise from factories, shops, pubs, dwellings, intruder alarms and stationary vehicles.

Noise in the Street

The Noise and Statutory Nuisance Act 1993 makes noise in the street a statutory nuisance. Traffic noise, noise made by military forces, or from campaigning demonstrations is excluded. The following are included:

• Vehicles – noise emitted from a vehicle, caused by it or by car repairs, car radios, car alarms and parked refrigerator vehicles.
• Loudspeakers – the use of loudspeakers in the streets is banned between 9.00 pm and 8.00 am (the police, ambulance and fire brigade are exempt). Local authorities can license use outside these hours for entertainment but not for advertising purposes or electioneering. Vehicles selling perishable foods may use loudspeakers between 12.00 noon and 7.00 pm and these times can be varied with local authority consent. Complaints about loudspeakers or chimes should be made to the Environmental Health department.
• Burglar Alarms – there are proposals to give local authorities powers to control alarms, but dates for implementation have not yet been decided. They are currently dealt with under the provisions of the EPA 1990.

Health Effects of Noise

Noise can cause annoyance and fatigue, interfere with communication and sleep, reduce efficiency and damage hearing. The World Health Organisation recommends a guideline level of 30 dB LAeq for undisturbed sleep, and a daytime level for outdoor sound levels of 50dB to prevent people from becoming "moderately annoyed".

Physiological effects of exposure to noise include constriction of blood vessels, tightening of muscles, increased heart rate and blood pressure and changes in stomach and abdomen movement. The effects of exposure to noise are personal as hearing sensitivity varies. Exposure to constant or very loud noise – either occupational or leisure – can cause temporary or permanent damage to hearing.

Low Frequency Noise (LFN)

It is not clear at what level LFN may be physically damaging; however, the unpleasant symptoms it can induce are sufficient to cause disruption and significant social and economic penalties to sufferers. Symptoms of LFN annoyance are those associated with stress. These include feelings of irritation and unease, fatigue, headache, nausea and disturbed sleep. A review of research into low frequency noise is available in PDF format from the DEFRA website.

Construction Site Noise

This covers inherently noisy operations – building works, roadworks, demolition, dredging etc. They often take place in areas which were quiet beforehand and are expected to be quiet again when the work is complete.

Under the Control of Pollution Act 1974, local authorities can serve a notice imposing requirements as to how the construction works should be carried out to minimise disturbance. The Environmental Protection Section can set noise limits and restrict the hours which particular machinery is operated, taking into account the character of the local area. Anyone intending to carry out construction works may apply in advance for consent. Compliance with the terms of a notice or consent does not rule out proceedings by an individual on the grounds of noise nuisance under s.82 of the Environmental Protection Act.

Construction sites and contractors may be registered with the Considerate Constructors scheme, a voluntary code of practice intended to minimise disturbance and ensure safety. Where this is the case, a sign or poster is normally displayed at the site with contact details for the site manager and scheme administration office.

Fireworks

Fireworks have become an increasing noise problem for people and pets. They are let off on a growing number of celebrations such as Bonfire Night, New Year and religious festivals, and year-round to mark public and private celebrations.

Under the Fireworks Act 2003, there are new regulations aiming to reduce noise, nuisance and injuries caused by fireworks. The Fireworks Regulations 2003 prohibit anyone under 18 from possessing a firework, and anyone except fireworks professionals from possessing display fireworks.

Fireworks and the law

Under the Fireworks Regulations 2004, unlicensed traders are prohibited from selling fireworks to the public except for Chinese New Year and the preceding 3 days; Diwali and the preceding three days; 15th October – 10th November (Bonfire Night Celebrations) and 26th – 31st December (for New Year celebrations). Traders will need to apply for a license to supply fireworks year round. The supply of fireworks louder than 120 dB is also prohibited.

Under the Fireworks (Safety) Regulations 1997 all fireworks for use by the public must meet British Standard BS 7114. Under these regulations the sale of fireworks to anyone under 18 is banned, and of caps, cracker snaps and party poppers to anyone under 16. The supply of bangers, mini rockets, fireworks that fly erratically (squibs, helicopters etc) ariel shells and maroons and mortars and some large powerful display fireworks are banned from supply to the public. These regulations are enforced in the Ashfield district by Nottinghamshire County Council's Trading Standards Department.

Suppliers and shopkeepers in breach of the regulations face a fine of up to £5000 and six months in prison.

Storage of fireworks

Under the Control of Explosives Regulations 1991 it is an offence to keep fireworks (except those for private use) on premises that have not been registered for this purpose. Individuals can store fireworks for private use for up to 14 days, provided they are kept in a safe place.

Nuisance and danger caused by fireworks

If a local authority officer judges noise from fireworks to be a statutory nuisance under the Environmental Protection Act 1990, they can issue an abatement notice; however, as firework noise is short lived, in practice it can prove difficult to locate the source. Local authorities may adopt the Noise Act 1996, and where this is the case, they have powers to issue a fixed penalty notice if excessive noise is emitted from premises (including gardens) between 11pm and 7am. Under the Crime and Disorder Act 1998 local authorities can apply to magistrates to issue an anti-social behaviour order to anyone causing "harassment, alarm or distress". Disobeying an order carries a prison sentence of up to five years.

Fixed Penalty Notices

Throwing or setting off fireworks in the street is an offence under the Explosives Act 1875. This is enforced by the police, with a fixed penalty notice of £80. From 11th October 2004 police can enforce an £80 fixed penalty for anyone under 18 possessing a firework in a public place and for anyone breaching the 11pm curfew.

Animals

It is an offence to cause unnecessary suffering to animals under the Protection of Animals Act 1911. A penalty of up to £5000 and/or 6 months in prison is enforceable by police, trading standards or the RSPCA.

Low frequency noise

A low frequency noise is very often characterised by a hum or rumble. It may be confused with tinnitus (ringing/hissing in the ears with no obvious cause).

Nuisance

How far low frequency noise presents a serious nuisance problem is uncertain, but it is often a source of irritation. Assessing the level of nuisance caused by low frequency noise is difficult. Ordinary sound level meters may not be able to detect Low Frequency Noise (LFN) on the decibel scale as its decibel level is often lower than background noise. A narrow band frequency analyser is required to measure it. Noise nuisance is determined by the magnitude of the noise on the decibel scale. In the case of LFN this scale is not appropriate so it is often difficult to prove a nuisance.

Hums

Throughout the country there are cases of people who can hear "hums". These sounds have no obvious source. In some areas small groups of people apparently complain about noise from the same, unidentified source. These have been blamed on industrial sources and on gas pipelines.

There have been extensive investigations into some of these, but their actual sources remain unconfirmed. It is very difficult to determine the origin of some of these sounds.

Neighbour Noise Problems

Noise from neighbours is a common source of disturbance. The most frequent complaints in Ashfield are about barking dogs, loud music or TV, shouting, banging doors and DIY activities. Remember that no house or flat is totally soundproof, and gardens and garages can be particularly noisy!

Everyone can expect some noise from the people who live around them. You could be disturbed for the following reasons:

• The neighbours are behaving unreasonably;
• The neighbours are behaving normally, but sound insulation in your home is not good enough to cut out the sounds of normal everyday living;
• The sensitivity of people to different types of noise varies – sounds that some enjoy may annoy others

Reducing Noise at Home

Although the amount of noise made by any one person or household may seem negligible, it can make a real difference to the comfort of neighbours and even other members of the household. The following simple measures can be taken:

• Site noisy household equipment (e.g. washing machines) away from partition walls.
• When buying a new household appliance, ask how noisy it is. If people opt for quiet appliances, manufacturers will make them!
• Perform noisy DIY jobs during normal waking hours.
• Apologise to neighbours in advance for disturbance caused by DIY.
• Keep the volume of TV, radio and music as low as possible, especially late at night. If you want to turn the volume up, use headphones (but be careful not to deafen yourself).
• If your dog barks when left alone, arrange to leave it with a friend
• If you have an old or faulty burglar alarm, replace it with one complying with British Standard BS 4737. Notify the local authority that you have an alarm and register a key holder with the police.
• If you have a party, tell your neighbours in advance, and keep the noise to a minimum.
• If using fireworks for a celebration, tell neighbours (especially if they have pets), and don't let fireworks off after 11pm.

If you have a problem with your own dog barking then the Council have a number of anti-bark collars, which can be borrowed from the Council for a small deposit. The anti-bark collar helps modify the dog's behaviour by spraying citronella when the dog barks. For further information and to check availability contact us on 01623 450000.

More Advice on Taking Informal Action

First, try talking to the people responsible for the nuisance. Politely explain how it affects you and ask your neighbour to reduce the disturbance. Here are a few tips which may help:

• Have a word with your neighbour before you get angry or upset. If you are upset, wait until you are in a calmer frame of mind.
• Choose a convenient time. Say "I'd like to have a word about a problem I've got, as I think you may be able to help. When would it be convenient for you?"
• Consider inviting your neighbour round for coffee or tea to discuss the problem. He or she will be more inclined to discuss it as your guest.
• Think beforehand about what you want to say. Be clear and precise about your view of the problem.
• Don't lay blame or accuse your neighbour of antisocial behaviour or bad attitudes.
• Never be quick to jump to assumptions about what has happened.
• Never shout, use abuse, bad language or threaten retaliation.
• Give your neighbour plenty of time to express his or her own views. Be patient, listen carefully, and try to understand what he or she is actually saying – don't assume you already know what he or she thinks.
• Be prepared to accept differences in attitudes, ways of life, etc. "Live and let live", but be firm about those activities that cause inconvenience or harm. Let your neighbour say what he or she thinks, but don't be afraid to make your own views clear as well.
• Take the view that together you can sort the problem out and still remain on good terms. Be open to suggestions as to how the problem may be resolved.
• Don't assume that the first idea that comes into your head will be the best one – it may suit you, but if it is inconvenient to your neighbour it probably won't work.
• Bring all the relevant issues into the open from the start. Don't keep the awkward bits hidden, or your neighbour may think that it is less of a problem that it really is.
• Be careful not to bring in matters that are not relevant to the immediate problem – like how your neighbour held a noisy house-warming party ten years ago but you didn't like to say anything at the time.
• Be reasonable. If your neighbour offers to make concessions or put him or herself out see if you can do the same, but don't rush to an unsatisfactory agreement just because you feel embarrassed about having a conflict. Both of you must feel entirely happy with the result if it is to work.

If this approach doesn't work, then make a note of the fact that you have approached the person and the date and their response. Then put your complaint in writing to your neighbour in polite terms, again requesting a reduction in disturbance. You should allow at least two weeks for your neighbour to consider your request and take action. Copies of any letters should be kept for future reference.

Taking Your Own Action – Environmental Protection Act 1990 – section 82

Some types of noise occur occasionally or at times when it is difficult to witness e.g. at night. If it is not possible for an officer to witness it they may not feel able to take action on behalf of someone who has made a complaint. If this happens you can take independent action by complaining direct to the Magistrate Court under section 82 of the Environmental Protection Act 1990. This is quite simple and need not cost much; you do not need to employ a solicitor, but it is advisable to obtain some legal advice.

Before approaching the court it is a good idea to write to the noise-maker saying that unless the noise is abated by a certain date (e.g. after two weeks) you will complain to the Magistrate Court. Keep a copy of all correspondence. If the noise-maker ignores either a verbal or written request by you to abate the noise, contact the Justices' Clerk's Office at your local Magistrate Court explaining that you wish to make a complaint under section 82 of the Environmental Protection Act 1990. The Clerk of the Court should be able to advise you further.

You must give at least three days notice of your intention to complain to the Magistrate Court to the person considered responsible for the noise. The notice should provide details of the complaint and may be delivered by hand or by post. A solicitor can do this for you (a solicitor's letter will show you are serious). You need to prove to the magistrate, beyond reasonable doubt, that the noise you are complaining about amounts to a nuisance. The diary you keep will be important evidence. Although the law says that only one person needs to be affected for there to be a nuisance, in practice the evidence of other witnesses will strengthen your complaint.

A date will be set for the hearing and the person about whom you are complaining will be summoned to Court. You will be required to explain your problem and produce evidence of the disturbance. You will have to give your own evidence and cross-examine your supporting witnesses to draw out their evidence. The neighbour will be able to cross-examine you and your witnesses and may produce their own evidence.

The law relating to business premises is slightly different: they can defend themselves by proving that they are using the "best practicable means" to prevent the noise.

If you prove your case the Court will make an order requiring the nuisance to be abated, and/or prohibit recurrence of the nuisance. It also has the power at the time the nuisance order is made to impose a fine on the defendant (currently up to £5,000). If this order is ignored further Court action will need to be taken; you must therefore continue to keep records of noise nuisance in case it is necessary to return to Court. If you fail to prove your case you may have to pay some of the defendant's expenses in coming to Court.

Transport noise

Road noise

Road noise is made up of two main components – tyre noise and engine noise. At high speeds, tyre noise is the greatest source. At low speeds, engine noise is more important. In heavy goods vehicles, body noise made by rattling panels or loads can also be significant.

The Highways Agency and Nottinghamshire County Council are responsible for highways in Ashfield. The Council's Environmental Protection Section has no control over road transport noise.

Railway noise

Railway noise affects fewer people. If more high speed rail links are developed, the problems associated with rail noise could increase. The main factors in determining the level of rail noise are the type of engine, speed and track quality. This becomes the dominant source of noise for most people living near railways only at a relatively high level.

If particular trains are causing a problem, complaints should be addressed to the company operating the train in question. If you are not sure which company covers your district or the noise is from a source other than the train, call Network Rail's 24 hour helpline: 08457 114141.

Aircraft noise

Aircraft and aviation noise is a particular problem around airports, but with increasing numbers of flights, it is being heard by more people living under flight paths. Noise from individual aircraft is decreasing as quieter technologies are introduced, but more flights means that overall the noise problem is getting worse.

The Department for Transport has overall responsibility for the control of aircraft noise in the UK. The Civil Aviation Act 1982 (CAA) section 76 states that no action for trespass or nuisance can be taken as long as an aircraft observes the rules of the Air and Air Traffic Control Regulations (which also cover ground movements). This principle dates from 1920 when aircraft were exempted from nuisance legislation to protect a small growing industry.

The Environmental Protection Act 1990 section 79 (6) specifically excludes noise from aircraft (other than model aircraft) from powers to control environmental noise nuisance. The White Paper, "A New Deal For Transport", published in July 1998 set out proposals to help airports to enforce noise mitigation measures. The Air Traffic Control Regulations 1985 cover rules as to flight. In general, aircraft or helicopters may not fly over a town below 1500 feet above the highest object and within 2000 feet of it. Air traffic control prescribes landing and take off routes which are intended to minimise noise over built up areas. Aircraft are also prohibited from flying within 500 feet of persons, vessels, vehicles or structures.

Planning permission is required for permanent helicopter landing sites, although temporary use of land for up to 28 days a year is permitted. This can be a nuisance as helicopters land virtually anywhere and there is no limit to the number of take-offs and landings permitted in a day. The 1990 Government Noise Review Working Party recommended that there should be provision for local authorities to regulate the use of helicopters at private landing sites.

Military aircraft are exempted from controls by Crown Immunity. Negotiation with the appropriate authorities has to be relied upon for reduction of noise nuisance. Any complaints about military aircraft should be addressed to: Ministry of Defence, Sec(as)2B Room 8249, MOD Main Building, Whitehall, London SW1A 2HB. Tel: 020 7218 6020. Email: lowflying@gnet.gov.uk.

In 1984 the British Microlight Aircraft Association drew up a voluntary code of practice which gives advice on minimising noise impact.

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