Living in a property affected by noise nuisance can have a huge impact on your quality of life. A noise nuisance can be an act (actively making noise) or an omission (failing to stop a noise). Action can be taken against noise nuisance under the Environmental Protection Act 1990.
Steps for Making a Noise Complaint
If you make a complaint to the local authority they will inform the perpetrator that a complaint has been made and opportunity will be given to rectify the situation. This is a good track to take if you do not want the offending party to know your identity. If the noise continues, an Environmental Health Professional will be sent to assess the noise. If satisfied there is a noise nuisance the Professional will serve an abatement notice. Several factors will be taken into account to determine this, including the intensity, duration and frequency of the noise and where you are located. Some noise may be considered more or less acceptable depending on where you live.
The Next Steps
Sometimes using the public method to resolve a noise nuisance issue does not provide the outcome you want. It can also be time consuming if the Environmental Health Professionals are very busy. It is sometimes better to deal with the issue through direct negotiation with the other party. Mediation is another option. If the noise still continues you can make an application in the Magistrates Court for an order to stop the nuisance. This uses the same legislation as the local authority would use if they sought a Court order.
If you want to take a private claim in the Magistrates Court we can look at your claim to see if you have a good case. There are certain things you need to have done leading up to a legal claim. We can advise you about this. We will take the time to fully understand your situation and help you to achieve the best outcome.
To talk to us about noise nuisance, please call our Bayswater office on freephone 0800 524 4709 to make an appointment or fill in our contact form.
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