Noise Complaints

Noise nuisance is covered by Part III of the Environmental Protection Act 1990. This law empowers local authorities to deal with noise from fixed premises.  Before action can be taken we have to be sure that the noise constitutes a statutory nuisance.  This means that we have to prove that the noise is prejudicial to health and/or is causing an unreasonable and persistent disturbance to your lifestyle.

A Statutory Noise Nuisance is much more than annoyance or the fact that noise is audible.  For a noise to be a Statutory Noise Nuisance it must be a significant or unreasonable emission of noise that materially interferes with the use and enjoyment of your home.

Several factors determine whether noise is a Statutory Noise Nuisance:

In some case, the noise may be part of another problem such as anti-social behaviour.  If the officer believes the matters of anti-social behaviour are occurring, then details will be passed to the Anti-Social Behaviour co-ordinator and joint action taken.

How do I make a complaint?

When making your complaint you must include: -

Note: Anonymous complaints will not be investigated.

We will take your complaint and investigate.  The nature of your complaint will be discussed and you will be informed how we will deal with your complaint.  You must remember that your complaint will not be resolved overnight, investigations can take several weeks.  A letter will be sent to the person you allege to be causing the nuisance advising them of your complaint to try and attempt a quick informal resolution to any problems that may exist.

Please note: Your name and address will NOT be disclosed to the person complained about, however, occasionally the person may guess who has complained or may approach you to ask if you have made a complaint.  Also, if the Council decides to take legal action, you may be asked to appear in Court as a witness.

A letter will also be sent to you acknowledging receipt of your complaint and including a log sheet.  You will be asked to keep a record of when the nuisance occurs for approximately three weeks after which time the completed log sheet should be returned.  There are three reasons for this:

  1. To help us assess whether the noise nuisance is likely to amount to a statutory nuisance;
  2. To indicate the times when an officer is more likely to witness the nuisance; and
  3. With your consent the log sheet may be used in evidence should formal action prove necessary.

If the completed log sheet is not returned by the date requested it will be assumed that the matter has been resolved to your satisfaction and no further action will be taken.

Following receipt of your completed log sheet the Officer dealing with the complaint will attempt to witness the problem by visiting your property at the time the nuisance usually occurs. If this is not practicable Digital Recording Equipment will be used.

If the officer is satisfied that a statutory nuisance exists, an Abatement Notice will be served upon the person(s) causing a problem.  Failure to comply with the Notice within the time specified is a criminal offence and may result in formal action in a Magistrates Court.

In some cases, we may not be able to take formal action, as we have either been unable to witness the nuisance or do not consider it to be a statutory nuisance. You may wish to consider taking your own action under section 82 of the Environmental Protection Act 1990. We would always recommend seeking legal advice before doing so.

Get in Touch

(0115) 901 3972

Civic Centre
Arnot Hill Park

Full Details & Directions

Useful Links

Back to Top