Noise nuisance
This page gives general guidance about noise nuisance.
Our responsibilities
North Devon Council has enforcement powers to deal with statutory nuisance.
Where we receive a noise complaint, our officers will normally investigate and, if necessary, take appropriate action.
Your responsibilities
We all have an obligation to be good neighbours. Excessive, significant or unreasonable noise can affect people’s lives and health.
If you are affected by noise, we recommend that you to keep a record of occurrences, including the date of each incident, the start and finish time, and details of the how the incident affected you. It is also prudent to record the evidence that makes you certain of the noise source and the times/dates when you are not present (or vice versa).
Further information
A noise nuisance would be a significant and unreasonable emission of noise, that affected you in a significant and unreasonable way. It is more than ‘annoyance’ and much more than the mere detection of a noise.
Many other factors determine whether or not a noise is a statutory nuisance and these can be:
This page gives general guidance about noise nuisance.
Our responsibilities
North Devon Council has enforcement powers to deal with statutory nuisance.
Where we receive a noise complaint, our officers will normally investigate and, if necessary, take appropriate action.
Your responsibilities
We all have an obligation to be good neighbours. Excessive, significant or unreasonable noise can affect people’s lives and health.
If you are affected by noise, we recommend that you to keep a record of occurrences, including the date of each incident, the start and finish time, and details of the how the incident affected you. It is also prudent to record the evidence that makes you certain of the noise source and the times/dates when you are not present (or vice versa).
Further information
A noise nuisance would be a significant and unreasonable emission of noise, that affected you in a significant and unreasonable way. It is more than ‘annoyance’ and much more than the mere detection of a noise.
Many other factors determine whether or not a noise is a statutory nuisance and these can be:
- the time of the day
- your location e.g. urban/rural
- the duration of the noise
- the frequency of occurrence
- the volume of the noise
- the character of the noise
A
noise nuisance may be caused by many activities including music, DIY, fans and motors and barking dogs.
Noise nuisance that we can deal with does not include road and air traffic noise.
Making a complaint
Before we can take legal action on anyone's behalf, it must be satisfied that a 'statutory nuisance' exists and that evidence (suitable for a court) has been gathered to support the case.
In most cases, the following procedure will be followed:
Making a complaint
Before we can take legal action on anyone's behalf, it must be satisfied that a 'statutory nuisance' exists and that evidence (suitable for a court) has been gathered to support the case.
In most cases, the following procedure will be followed:
- an informal letter will be sent to the person complained of to inform them of the problem
- you will be asked to keep an accurate diary, detailing when the noise occurs and how the noise affects you
- noise monitoring equipment may be installed in your premises if the diary indicates a nuisance exists
- one of our officers may attempt to visit when the noise occurs to make an assessment
Many people are completely unaware of the effect their enjoyment of
loud music or other noisy activities may have on their neighbours. They might well act in a more responsible
and considerate way if the facts are politely brought to their attention.
If a statutory nuisance is found to exist, an 'abatement notice' will be served to prohibit or restrict the noise. Persons responsible for a nuisance have the right of appeal to the magistrates court, and complaints may be asked to give evidence if this happens. Normally there is a 21-day period in which to lodge appeals.
If the noise continues, you will be asked to maintain a nuisance diary and an officer will attempt to make another visit when the noise is alleged to occur.
The final option is to take the 'offender' to a magistrates court where a fine may be imposed and their equipment forfeited. Witnesses are needed for a prosecution to take place and the complainant may be asked to appear in court. While no one would be forced to appear as a witness, it may be difficult to take a successful case without such evidence.
In some repeat cases NDC may obtain a warrant to enter premises and seize nuisance making equipment.
Individuals may take their own legal action.
Informal action
Rather than resort to the law, you may wish to try the following:
If a statutory nuisance is found to exist, an 'abatement notice' will be served to prohibit or restrict the noise. Persons responsible for a nuisance have the right of appeal to the magistrates court, and complaints may be asked to give evidence if this happens. Normally there is a 21-day period in which to lodge appeals.
If the noise continues, you will be asked to maintain a nuisance diary and an officer will attempt to make another visit when the noise is alleged to occur.
The final option is to take the 'offender' to a magistrates court where a fine may be imposed and their equipment forfeited. Witnesses are needed for a prosecution to take place and the complainant may be asked to appear in court. While no one would be forced to appear as a witness, it may be difficult to take a successful case without such evidence.
In some repeat cases NDC may obtain a warrant to enter premises and seize nuisance making equipment.
Individuals may take their own legal action.
Informal action
Rather than resort to the law, you may wish to try the following:
- discuss and resolve the matter directly with the person responsible for the noise (how would you feel if the situation was reversed and your neighbour made a complaint to the council?).
- use a mediation service
To contact the Customer Service Centre:
Telephone: 01271 388870
For Typetalk: precede with 18001
Fax: 01271 388451
Email: customerservices@northdevon.gov.uk
Textphone (callers must have Typetalk compatible equipment; this number does not support voice communication or SMS): 01271 388786 (during our normal working hours)
Web form: send us a web enquiry
Our office hours are 8.30 am to 5.00 pm Monday to Friday.
For further information see the Environmental Health service contact page
