Noise Complaints - Domestic Noise

Summary 

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

This service does not cover noise due to domestic violence, drunk & disorderly individuals or public order offences, these are matters for the Police.

 

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.

Initially the Officer will write to the person 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.

If there has been no improvement in the situation, this diary record should be returned to Regulatory Services 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 causing the disturbance. Alternatively a site visit may be made.

Where there is insufficient evidence of a statutory nuisance the Council may be unable to take any further action.

Where an Officer is satisfied that a statutory nuisance due to noise exists, an abatement notice, under Section 80 of the Environmental Protection Act 1990 may be served on the person causing the problem. This 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.

Where the person is a tenant, the Council may liaise with their landlord to discuss whether action may be appropriate under the terms of their tenancy agreement.

 

Helplines 

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

Berneslai Homes - 01226 770770 (only in the case of Council properties)

South Yorkshire Police - 0114 2202020

 

Charges/Fees 

The Service is free with the exception of a charge made to Solicitors requesting a report regarding any property.

 

Method of Payments Available 

Officers of the Service will provide where applicable.

 

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 

• BMBC's Pollution Control Team advice leaflet on domestic noise can de downloaded here Domestic Noise.pdf
• Registration form for intruder alarms/Advice sheet can be downloaded here Alarm Advice Key Holder.pdf
• Environmental Protection UK leaflet on neighbour noise 

 

Distribution Points 

Registration form for intruder alarms and their key-holder details available from Regulatory Services (see above)

Other leaflets will be provided by the officer as appropriate.

 

Legislation 

Environmental Protection Act 1990: Sections 79 and 80
Data Protection Act 1998
Human Right s 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 your request.

 

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 someone's enjoyment of their home.

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. Is it true that as long as I only play my stereo in the daytime I cannot be causing a nuisance?
A. No, not necessarily. The assessment of nuisance is dependent upon several factors; the time of day when the noise occurs is only one of these. Other factors include the volume, frequency, duration and character of the noise together with an assessment of how reasonable the activity causing it is, given the particular circumstances of the case.

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 to report a problem for - Domestic Noise