Noise

Noise nuisance can be generated from a wide variety of areas of society. There are noise issues that Environmental Regulation Services (ERS) can deal with and there are some that we can't.

Commercial noise

Noise problems can often arise from commercial and industrial premises and sites, the most common of which are public houses and construction sites.

With large construction and demolition schemes we insist that these sites either have their own Construction and Demolition Code of Practice or they adopt the Plymouth City Council Code of Practice for Construction and Demolition sites.

Pubs can generate loud music from bands or jukeboxes and people shouting, especially at closing time, however we cannot deal with noise in the street - you would need to contact the Police.

Further information regarding noise at work can be obtained from the National Society for Clean Air.

Residential noise

Anyone living in the UK has a legal right to be protected against noise nuisance. Nuisance can be defined as 'an unlawful interference with a persons use or enjoyment of land or property' (National Society for Clean Air - NSCA). Plymouth City Council has to act within the constraints of the law and can only take legal action in circumstances where the law applies and where evidence is obtained that confirms the existence of the statutory noise nuisance.

The Courts have the final say in deciding what constitutes a noise nuisance and how any such nuisance should be dealt with.

Principles

Noise from neighbours is a common source of nuisance. The main problems are barking dogs, loud music or TV, shouting, banging doors and DIY activities. Remember that no house or flat is totally soundproof - everyone can expect some noise from neighbours. Plymouth City Council consider that each resident can reasonably expect:

• not to have their nights sleep disturbed by noise
• to be protected from significant loss of amenities due to noise
• to have suitable trained staff where necessary to assess nuisance
• not to hear someone else's excessive noise in their property on a regular basis

Making a complaint

Complaints may be made in person, by telephone, by letter, by email or via a third party such as a Councillor.

Administrative staff in the Environmental Protection team will take the initial details. You will be required to provide your name, address and contact number. You will also need to provide details of the type, frequency and duration of the noise and the name and address of the person causing the noise.  All information is kept confidential.

Anonymous complaints will not normally be investigated.

An investigating officer will contact the complainant for further information where necessary.

Investigation of the complaint

It is always worth approaching the person causing the noise, as people are not often aware that there is a problem. Complaints can often be settled amicably between the parties without the Council becoming involved.

We will initially request that the complainant keeps a diary record of noise events, the duration and how it affects them. If it is a persistent problem it is important that this is filled in accurately.

We will write to the alleged noise maker explaining the nature of the complaint and asking for action to be taken to stop the noise. If the letter does not prove successful in solving the problem further investigation will be made.

Council staff will respect the complainants anonymity. It is likely, however, the complainants identity may be guessed by the person causing the noise when investigations are made. The complainant should be prepared for this.

If the initial letter is not successful and the noise continues then you will need to contact the investigating officer again. If the noise occurs during working hours you should contact the office and we will send an officer out to witness the noise if an officer is available. Various methods are used to monitor the noise including officer visits, monitoring equipment or evidence from other sources such as the Police.

If the noise is witnessed at the time of the visit the investigating officer will, after full assessment of the case, make a judgement as to whether the noise is a statutory nuisance.

If a nuisance exists, the person responsible for the noise will be advised that a nuisance exists and of the need to abate the nuisance. An abatement notice can be served under Section 80 of the Environmental Protection Act 1990. This notice can request that the nuisance is abated, prohibit or restrict any recurrence and may ask for work to be carried out. If work is required then a reasonable time must be allowed for it to take place. There is a right of appeal to the Magistrates Court.

Failure to comply with a notice is an offence and the person responsible for the nuisance may be prosecuted. Witnesses are needed for prosecution to take place and the complainants may be asked to appear in Court. In some circumstances, other action such as seizure of noise making equipment may be taken.

The Council will not compel anyone to appear in Court but it may be difficult to make a successful case without the complainant being present.

There may be situations where the Council is unable to substantiate a complaint and is therefore unable to take any further action. Private action can be taken under Section 82 of the Environmental Protection Act 1990.

If you would like further information/advice or would like to make a formal complaint please ring or email us.

Plymouth Mediation

Plymouth Mediation offers a wide range of free and helpful services to people who are in conflict with their neighbours, other people at work or members of their family. Plymouth Mediation aim to help those concerned to find ways of settling their differences, which are practical, long lasting and fair to both sides. Mediation is free of charge within Plymouth.

Plymouth Mediation, St Peters Centre, 18 Harwell Street, Plymouth, PL1 5RY. Telephone: 01752 312121. Further information regarding domestic noise can be obtained from National Society for Clean Air (NSCA).

Transport noise

Noise from vehicles such as cars is very common especially in a city the size of Plymouth. It can unfortunately be difficult to control and it may be necessary to improve the insulation in your property. The following link to the National Society for Clean Air will provide some guidance and advice on what to do if you have a problem with transport noise.

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