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20 July 2008

Noisy Neighbours

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For further information about noise nuisance, please contact:

Environmental Services

Tel: 01276 707330
Fax: 01276 707365
environmental.health@surreyheath.gov.uk

Surrey Heath Borough Council
Knoll Road
Camberley
Surrey GU15 3HD

Emergencies Only
(Out of Hours report line)

Tel: 01276 707100

Useful Links
www.noiseconcern.org
www.problemneighbours.co.uk

 

Woman covering her earsDomestic Noise

What is a noise nuisance?

Noise is generally regarded as unwanted sound. That means the noise could be:

  • Too loud
  • Too intrusive
  • At the wrong time
  • Repetitive bass beats

A noise is a nuisance when the effect of the noise materially affects your comfort or quality of life. The noise can be continuous or intermittent but your response to the noise must be wholly reasonable. Normal daytime noise would not generally be considered a nuisance and neither would normal noise, which is disturbing someone trying to sleep during the day. In addition it is important to note that the nuisance will normally be assessed from within your home with windows and doors shut.

Our Commitment to you

Your enquiry will be dealt with by professional staff who have the correct skills and knowledge to assess noise complaints. They will adopt a fair and impartial approach based on case law.

We will explain the procedure to you at the start and discuss possible courses of action. Your identity will be kept confidential at all times but in some cases the other person may guess who has made the complaint and we will neither confirm nor deny any speculation. Our involvement could possibly aggravate neighbour relations.

In addition if the nuisance is proven we may need to take the matter to court and you may be needed to appear as a witness or provide a statement. If we cannot deal with the case or our investigations fail to produce an informal solution or sufficient evidence to take legal action, we will advise you of other possible courses of action available to you.

What can we deal with?
The main forms of noise nuisance that we can deal with are:

  • noise from amplified music
  • barking dogs
  • car alarms

Things we are unable to deal with include noisy behaviour in the street, noise from normal behaviour or occasional or one-off parties. Noises from intruder alarms are dealt with in a different way.  We are also unable to deal with traffic, rail or aircraft noise, noise from fireworks or noise by talking or shouting.

If there is evidence that a nuisance exists the authority will take formal action and serve an abatement notice, insisting that the nuisance stops.

If the nuisance continues then the authority may prosecute the offender. We may possibly seize the equipment if the problem arises from amplified music. In this event you may be required to attend court as a witness.

What can you do?
If we are unable to take your complaint forward or you wish to deal with the problem yourself you can make a complaint under section 82 of the Environmental Protection Act 1990.

Contact the Clerks officer at your local Magistrates Court and explain that you wish to make a complaint under Section 82 of the Environmental Protection Act 1990.

Useful Contacts
If you wish to make a complaint regarding a noise nuisance you can contact the Environmental Protection team during office hours.

These are Monday to Thursday 8.45am to 5.20pm and Friday 8.45am to 4.30pm.

There is a booklet published by DEFRA called "Bothered by Noise" which may be of use.

Out of Hours report line (Emergencies Only) Tel: 01276 707100. The Council would not normally attend to one off parties.

Seven Tips For Keeping The Peace
1. Stereo and TV
- Think about the volume of the stereo or TV, particularly if you live in a flat. A good test is that if you can hear it outside your property then it is too loud. Consider using headphones but do be careful if you play it loud as it could cause irreparable hearing damage. Place your TV or hi-fi speakers away from your neighbour's walls and raise them off the floor.

2. Household chores - Do not mow the lawn or start DIY work at the crack of dawn, nor should you consider doing washing or vacuuming in the middle of the night. Remember just because you are awake doesn't mean everyone is.

3. Parties - The Council receives large numbers of complaints about noisy parties, particularly during the summer. Neighbours are much more likely to understand if they are warned or even invited but this is no excuse for making loud noise. If possible, keep any amplified equipment inside. If the equipment must be outside then the volume should be turned down as low as possible and after midnight should be taken inside. Keep your entertaining to special occasions. Regular gets together are more likely to offend than one off events. When your guests leave ask them to leave quietly.

4. Dogs - Your pet may bark because it is lonely or bored. Constant barking or howling can be particularly disturbing. A well-trained happy dog will not bark unnecessarily.

5. Cars - Don't play your car stereo for the whole world to hear especially when you are parked and the windows are open. Make sure the alarm is not faulty.

6. Household Alarms - A miss firing alarm can cause considerable disturbance to a large number of people, particular if the householder is away and no key holder is available to turn off the alarm. It can also be expensive for the householder when he or she or returns because if no key holder is available the Council will have no option but to cut off the alarm. The bill for calling out an alarm company will be sent to the householder. Asking a friend to act as your key holder can prevent this. It is important that you tell him how to turn the alarm off and give his name, address and telephone number to the Police. It is also important that the alarm is well maintained and has a 20-minute cut off device.

7. Fireworks - Be considerate to your neighbours and their pets when letting off your fireworks. Do not let them off late at night and inform your neighbours. Attending an organised fire work display is always better and safer than a firework display in your back garden. Always follow the firework safety code.

Last updated on 03/04/2008