Noise Myth:

I need a Solicitor and Barrister to legal action under the Environmental Protection 1990 for noise nuisance.

 

Fact:

Absolutely not! Section 82 proceedings are started off by way of civil action. If you feel that you want a Barrister to represent you at a hearing, then you can instruct a Barrister yourself under the Public Access Scheme. To find out more about how to take your own action to stop a noise nuisance Book a Noisedirect Consultation

All advice provided relates solely to professional matters in accordance with the statutory defined role of Environmental Health Practitioners, for the assessment of conditions that can give rise to nuisance or impact adversely on public health. Any such advice should not be construed as legal representation or advocacy on behalf of any party.

 

 

 

 



Noisy Scrapyard Closes Down

A group of residents were affected by noise from the operations of a Scrapyard in a semi rural area. The group had complained to their local Council and the Environment Agency about breaches to the permit issued by the Environment Agency. Neither authority took any action to stop the disturbance to residents.

The group used Noisedirect's Section 82 Advice Pack to obtain a summons for statutory nuisance under the Environmental Protection Act 1990 in the Magistrates Court. Our Experts also carried out acoustic monitoring and conducted subjective nuisance tests, which found that typical changes in noise levels as a result of bangs, crashes and other noise from the Scrapyard, was in the  range of 6 to >15dB above background noise levels; equivalent of up to and over a doubling of loudness. The group instructed a Barrister under the direct access scheme to act on their behalf at the trial. The Barrister was able to resolve the case without a full hearing, with the Scrapyard owner providing an undertaking that he would close the Scrapyard and agreeing to pay costs and compensation in the sum of £20,000 to the group.

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