Noise Complaints - Commercial Noise

Summary 

Advice and the investigation of complaints in respect of noise pollution from commercial sources. The assessment of the problem with regard to relevant legislative standards and the resolution of the complaint, where appropriate, by negotiation and or enforcement.

 

Eligibility 

The Service is available to everyone.

 

Procedure 

On receipt of your complaint an Officer will contact you to confirm the details you have already given. They may ask for further information about the complaint and will outline actions that may be taken to investigate and resolve your complaint.

In all but rare cases of continuous noise causing widespread public nuisance, the Officer will write to the person/company allegedly causing the disturbance, advising them that a complaint has been made and that investigations will be made should further complaints be received. At the same time we will write to you to confirm that a letter has been sent. We will also ask you to complete a diary record, giving details of any further disturbance during the following 2-4 weeks. This diary record should be returned to us, if there has been no improvement in the situation, so that an assessment can be made.

If we do not hear from you after a period of 28 days, we will assume that the matter has been resolved and the case will be closed.

On the receipt of a completed diary record we will assess the extent of the disturbance. Where appropriate an officer will visit the premises to monitor the noise. Where necessary visits can be made outside office hours. Noise annoyance recording equipment may be used in these situations.

Where Officers are satisfied that sufficient evidence exists to justify the complaint, a further letter may be sent to the person/company causing the disturbance. Alternatively a visit may be made.Where there is insufficient evidence of an offence the Council may be unable to take any further action.

Where an Officer is satisfied that a noise problem exists, a legal notice may be served on the person/company causing the problem. A notice will require the person to stop causing a disturbance and may also require works to achieve this to be carried out within a specified time. Failure to comply with the notice is an offence that the person could be prosecuted for, subject to the necessary evidence being obtained. Alternatively, the Council may seek to carry out works itself.

 

Helplines 

Regulatory Services, Pollution Team: 01226 772468 e-mail: regulatoryservices@barnsley.gov.uk

Regulatory Services, Licensing Team: 01226 772468

Planning & Transport Services, Development Control: 01226 772595

South Yorkshire Police: 0114 220 2020

 

Charges/Fees 

The Service is free with the exception of a charge made to Solicitors requesting a report on a case or premises.

 

Methods of Payment Available 

Officers of the Service will provide where appropriate.

 

Opening Times/Locations 

Monday - Thursday 8.30 to 17.00, Friday 8.30 to 16.30

 

How the customer can help 

Your request for service (complaint) should include the following information: -

• The address/site/area that is causing concern.
• When and for how long the problem was noticed.
• How the problem affected you or another person.
• Any action you have taken to resolve the problem yourself.

 

Application Form References 

Not applicable.

 

Leaflets 

Registration form for intruder alarms and their key-holder details. Click here to download the leaflet AlarmNoise.leaflet.pdf

Other leaflets will be provided by officers of the Service where appropriate.

 

Distribution Points 

Contact Pollution Control team

 

Legislation

Environmental Protection Act 1990
Control of Pollution Act 1974
Data Protection Act 1998
Human Rights Act 1988

 

Response Times/Next Steps 

Following contact with the Pollution Control Team to make a request for Service or complaint, an officer will respond to you within a maximum of 3 working days to verify the details and explain the procedure for investigation of your complaint.

 

Out of Hours Procedure 

This service is only available within office hours. However, where problems already under investigation require site visits outside of office hours, these can be arranged if necessary.

 

Owner Officer Contact Details 

Principal Officer,
Pollution Control,
Regulatory Services,
PO Box 602,
Barnsley,
S70 9FB.

 

Additional Notes 

 

Frequently Asked Questions 

Q. Do I have to give my name and address?
A. Yes, the details of your address are essential. In order to assess whether the noise is likely to constitute a statutory nuisance, the Officer must assess how the noise is affecting someones enjoyment of their property.

Q. Will my details be revealed to the person causing the disturbance?
A. Complainants details are confidential. However, you may be required to appear in Court as a witness. This would be discussed with you fully at the time and your wishes taken into account.

Q. Can I take my own action, to resolve the situation?
A. Yes, Officers can advise you how to go about collating evidence to take your own legal action, under Section 82 of the Environmental Protection Act 1990. However, we would also recommend that you seek advice from a Solicitor.

You can also complete our online form for to report a problem for - Commercial Noise