Article: Pollution control - noise Error loading MacroEngine script (file: Apply,Pay,ReportButtons.cshtml) Article Body Excessive noise can make life a misery. Noisy neighbours, noise from industry or construction sites and barking dogs are just some of the problems that can be experienced. The sources of noise nuisances can be divided into three categories: Domestic Commercial Industrial Legislation Pollution Control can take action under Section 80 of The Environmental Protection Act 1990 in cases where noise, smoke, odour, accumulations and so on constitute a statutory nuisance. Whether or not a statutory nuisance exists depends on several factors, including the severity, duration, frequency, and whether it would interfere with the average person's reasonable enjoyment of their property. Eligibility This process applies to anyone wishing to report a noise pollution issue. Procedure Complaints can be made to Regulatory Services (Pollution Control Team) Your complaint should include:- Your name and address and (where possible) a daytime phone number. The address (or site) where the noise is coming from and the type of noise. (such as barking dogs, loud music). When and for how long the noise occurs (it will help if you have made a written record of the times and dates when the problem has occurred). The way the noise affects you (does it stop you from sleeping?). Anything you have done to try and deal with the problem (such as speaking to the person making the noise). Details of your name and address will be kept in strictest confidence. Occasionally, however, the person you have made a complaint about may guess who has complained or may approach you to ask if you have made the complaint. If the council decides to take legal action in respect of your complaint, you will be asked to provide a statement and may be required to appear in court as a witness. We would discuss this with you at the time and take your wishes into account. Helplines Regulatory Services, 01226 772468, email: regulatoryservices@barnsley.gov.uk South Yorkshire Police: 0114 220 2020 Opening times 8.30am to 5pm Monday to Thursday, 8.30am to 4.30pm on Friday How the customer can help Many noise problems, particularly those involving neighbours, can be resolved informally, for example, by explaining to your neighbours the difficulties they are causing. Approach your neighbour and explain politely that you are being troubled by noise. You may find this difficult, but often people are unaware that they are causing a problem. Most will be glad to do what they can to reduce noise. Leaflets Registration form for intruder alarms and their key-holder details. (Downloaded here Alarm Advice Key Holder.pdf) Environmental Protection UK have the following leaflets; Neighbour Noise, Noise Pollution Other leaflets will be provided by officers of the service where appropriate. 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 three working days to verify the details and explain the procedure for investigation of your complaint. The council will then write to the person alleged to be causing the disturbance telling them that a complaint has been made, and advising that investigations will be made should the council receive further complaints. At the same time we will write to you to acknowledge receipt of your complaint and may ask you to complete a log sheet, giving details of any further disturbances during the following two weeks or so. This record may be used if legal action is substantially necessary. If you feel that the noise problem has not improved following our letter to the noisemaker, you should then send the noise log sheet back to us so that an investigation can be made. Out of hours 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 2TN Frequently Asked Questions What happens if the noise continues? We will assess the log sheet and determine the extent of the disturbance. Where necessary, an officer will normally make up to three visits to assess the extent of the disturbance and determine whether the noise represents a statutory nuisance. Where necessary, visits will be made outside normal office hours. Noise recording equipment is used in many situations to assess intermittent disturbances. If the officer is satisfied that a statutory nuisance exists, a Noise Abatement Notice under the Environmental Protection Act 1990 may be served on the person causing the problem. Where the notice requires work, a period of time will be given to allow it to be carried out. Failure to comply with the notice after that time is a criminal offence and the person could be prosecuted. There are some occasions where the council is unable to take action, particularly where the noise occurs intermittently and is not judged to be a statutory nuisance. If the council decides that formal action cannot be taken, you will be informed and you will be given advice about taking action yourself if you wish to do so. What other action can I take? You may wish to consider taking your own action under section 82 of the Environmental Protection Act 1990. In some circumstances the council may be unable to get sufficient evidence to be able to take action on behalf of an individual who has made a complaint. Should this occur, you can take independent action by complaining direct to the magistrates' court under section 82 if the Environmental Protection Act 1990. This is quite simple and need not cost much; you do not need to employ a solicitor, but it is advisable to obtain some legal advice. Before approaching the court, it is a good idea to write to the noisemaker saying that unless the noise is abated by a certain date you will complain to the magistrates' court. Keep a copy of all correspondence. If the noisemaker ignores either a verbal or written request by you to abate the noise, contact the Justices' Clerk Office at your magistrates' court, explaining that you wish to make a complaint under section 82 of the Environmental Protection Act 1990. The Clerk of the Court should be able to advise you further. You must give at least three days notice of your intention to complain to the court to the person considered responsible for the noise. The notice should provide details of the complaint and may be delivered by hand or by post. A solicitor can do this for you (a solicitors' letter will show you are serious). You need to prove to the magistrate, beyond reasonable doubt, that the noise you are complaining about amounts to a nuisance. The diary you keep will be important evidence. Although the law says that only one person needs to be affected for there to be a nuisance, in practice the evidence of other witnesses will strengthen your claim. A date will be set for the hearing and the person about whom you are complaining will be summoned to court. You will be required to explain your problem and produce evidence of the disturbance. You will have to give your own evidence and cross-examine your supporting witnesses to draw out their evidence. The neighbour will be able to cross-examine you and your witnesses and may produce their own evidence. A solicitor will help, but you can take action on your own. The law relating to business premises is slightly different: they can defend themselves by proving that they are using the 'best practicable means' to prevent the noise. If you prove your case, the court will make an order requiring the nuisance to be abated, and/or prohibit recurrence of the nuisance. It also has the power at the time the nuisance order is made, to impose a fine on the defendant. If this order is ignored, further court action will need to be taken; you must therefore continue to keep records of noise nuisance in case it is necessary to return to court. If you fail to prove your case you may have to pay some of the defendant's expenses in coming to court. Are there any alternatives on legal action? Noise disputes are often resolved informally. Legal action should be a last resort. It is unpleasant and will inevitably further sour the relationship between you and your neighbour. It is very important that you do your best to resolve any problem in a friendly way.