What can you do about the problem?
In the first instance, talk to the person or business responsible. They may not be aware that there is a problem. It is always best to try to resolve the problem in a friendly and informal manner.
What can Babergh District Council do?
Under Section 79 (i) of the Environmental Protection Act 1990 'all reasonable steps' must be taken to investigate your complaint.
Babergh District Council can help with noise that is a statutory nuisance. In general terms this is;
'something that interferes unreasonably with your enjoyment of your property; a regular disturbance that continues sufficiently to be deemed unreasonable.'
It must be accepted that everyday sounds may annoy but may not be a 'nuisance' in legal terms. It would be impracticable to provide a remedy against every action that an individual finds objectionable.
There are no fixed levels of noise which constitute a Statutory nuisance and no set times within which it is acceptable to carry out noisy activities. Each case must be judged on its own merits.
How are complaints dealt with?
Once a complaint is received an Officer will discuss the problem with you and establish if further investigations are required.
A letter will be sent, where appropriate, to the person or business causing the problem, informing them that a complaint has been received. You may be asked to keep a diary of the events which are disturbing you, i.e. when it occurs and how long it goes on for.
If the problem continues, it is important that the diary is returned. If the diary is not returned within 4 weeks, the case will be closed.
Once the diary is received and it appears a Statutory nuisance could exist an Officer will need to witness the noise. This could include visits by an Officer and the use of noise monitoring equipment.
If a Statutory noise nuisance is proven, an Abatement Notice could be served on the person/business responsible for the noise requiring them to abate the nuisance.
Failure to comply is an offence and the matter is put before a Magistrates court. This could result in a fine.
Taking your own action
If you do not wish to involve Babergh District Council, or we do not feel it is appropriate to take action, you can contact the Magistrates court directly. A private action may be more successful as the ''burden of proof'' may be less demanding.
Babergh District Council has a booklet entitled ''A guide to taking your own action''. Please contact Environmental Services for a copy.
Click here for further information on noise complaints, produced by DEFRA. |