NATIONAL NOISE ADVICE LINE

Duty to Investigate complaints

Section 79 (1) of the Environmental Protection Act 1990 places a requirement on all Councils:

" where a complaint of statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint".

This duty is not restricted to office hours and a lack of resources is not an adequate defence to not discharge this duty.

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THE NATIONAL NOISE ADVICE LINE

The following case studies provide an example of some of the ways in which NoiseAid has been able to assist individuals with their noise problems. For reasons of data protection and client confidentiality all personal and identifiable details have been omitted.

London

An elderly asylum seeker living in a local authority housing block was regularly subjected to noise nuisance from loud, thumping bass music from a neigbours flat. The noise sufferer had approached the local housing officer who refused to take any action. We were able to advise the noise sufferer about the duty imposed on Councils under the Environmental Protection Act 1990 for investigating complaints of noise noise nuisance and refer the sufferer to the Council's Environmental Health Department.

South East

A pensioner couple had already instigated proceedings in their local Magistrates Court under Section 82 of the Environmental Protection Act 1990, but were unaware of the exact procedure. We were able through several pro bono telephone consultations to talk them through the process of gathering evidence and presenting their case and provide them with a copy of our Section 82 Advice Pack.

North East

A vulnerable female living with her elderly mother was regularly subjected to verbal abuse and threats of violence and intimidation from a group of aspiring musicians renting the neighbouring property. The noise sufferers had tried speaking to the private landlord who refused to accept any responsibility for the tenants behaviour. Our pro bono service was made available to draft a 'notice of intention' to commence legal proceedings under Section 82 of the Environmental Protection Act 1990 against the landlord and tenants. The landlord accepted that the behaviour of the tenants was unreasonable and in breach of the tenancy agreement and eventually instigated possession proceedings against the tenants.

Yorkshire and Humber

A final year student living above a Club in a busy city centre was regally subjected to loud music late at night and through the early hours of the morning. We were able to advise the student how to complain to the Council's licensing department and ensure that when a fresh application for a licence for extended opening hours was refused. Our pro bono telephone consultation and casework ensured that the student was able to insist that the Council require the Club owners to commission a noise report to identify measures to reduce noise breakout.

A Criminal Offence

A statutory noise nuisance is a criminal offence punishable by summary conviction with a maximum fine of £5,000, plus £500 for each day the offence continues after conviction. For nuisances arising on industrial trade or business premises the maximum penalty is £20,000 for each offence.

Discuss any noise issue under a fixed rate scheme of £39 for a 30 minute confidential interview with an experienced Environmental Health Professional.

THE NATIONAL NOISE ADVICE LINE