Spelthorne Borough Council

Providing Quality Services to the People of
Ashford, Laleham, Shepperton, Staines, Stanwell & Sunbury

Bothered by noise?

The following information outlines the responsibilities of Spelthorne Borough Council in regard to noise pollution and explains the procedure for dealing with noise complaints. The sources below marked # are also referred to in "Tips to Prevent Noise Disturbance In and Around the Home" (Pdf 118kb) Does the council have responsibility for all kinds of noise? No, only noise that is considered to be a statutory nuisance (see definition of statutory nuisance below) Noise which may be considered to be a statutory nuisances The following types of noise can be dealt with by the council using the Environmental Protection Act 1990 :-

industrial and commercial noise
noise from construction sites #
domestic noise such as amplified music and DIY#
barking dogs #
car alarms #
audible household intruder alarms #

Private nuisances This does not generally warrant formal action by a local authority For example, normal domestic sounds of occupation, such as:-

slamming doors
raised voices in an argument
children playing

The following complaints cannot be dealt with by a local authority:-

overall traffic noise (individual noisy vehicles ie with faulty silencers is a matter for Surrey Police)
aircraft (fixed wing and helicopters)- see separate advice on the BAA website, or call the BAA noise line on 0800 344 844

Can I take my own action if I am bothered by noise? Yes and before any formal action becomes necessary it is strongly advised that you contact the person/s responsible for the noise yourself. It may be, for instance, if the noise source is a barking dog, the owners may not know the dog is barking while they are out.

approach your neighbours in a calm, friendly way so as to avoid confrontation.
if you have reservations about verbal contact you could put your concerns in writing either in the form of a note put through the door or a more formal letter.
it may take some time for any arrangements to take place so be patient. If you notice an improvement let them know so this reduced level of disturbance can be a benchmark.

What should I do if the above informal approach fails to bring about an improvement in the situation?

you should then compile a log sheet (Word 19kb)

This will be useful for council officers to determine whether there are sufficient grounds to investigate your complaint. Log sheets are also available by contacting us on environmental.health.domestic@spelthorne.gov.uk or 01784 446251. What happens next if I return my log sheets? A local authority such as Spelthorne Borough Council has the power to serve a legal Abatement Notice under the Environmental Protection Act 1990. Reference will be made to your log sheets in determining whether it necessary to serve a Notice. A standard letter will normally be sent to the person/s you allege are causing a nuisance. Your anonymity will be preserved at this stage; this may not be possible if the case comes to be heard at the Magistrates Court. It must be stressed, that the vast majority of complaints of noise are dealt with without final recourse to the courts. Can I also take my own formal action through the courts? Yes you can take your own action directly at Staines Magistrates Court, under Section 82 Environmental Protection Act 1990. You will need to lodge your compliant with the court (tel 01784 459261). Is it possible to take a case yourself to the court and give evidence without incurring the cost of a solicitor? Yes, but you will be required to detail the nature of your complaint and for this purpose you must fill in detailed log sheets. If the court is satisfied that a nuisance exists or is likely to recur, the Court is able to make an order requiring the nuisance to cease. Before instituting these procedures you must write to the neighbour to advise of your intention to bring proceedings What constitutes a statutory nuisance? In making a judgement on whether the noise affecting you is just an inconvenience rather than a nuisance, which is a legal term, reference has to be made to the duration, level and number of times in a set period that nuisance is caused. If, however, the noise were a one off such as a 25th wedding anniversary for example, this would not be viewed as a statutory nuisance. A nuisance has to be an ongoing state of affairs. There is no legal right to absolute silence in the UK and there are no legally set noise levels that constitute a nuisance (unlike levels for health and safety in the work place). In determining whether a statutory nuisance is being caused, a council officer has to consider would the noise affecting the complainant would similarly affect the ‘average person’ rather than the over sensitive individual This has been set as criteria by case law (i.e. precedents set by the court rulings) How will a statutory nuisance be established? If log sheets indicate that a statutory nuisance continues after a warning letter has been sent, it may be necessary for a council officer to witness the noise event If the disturbance occurs infrequently or out of office hours observations may be carried out by recording/measuring equipment installed in a complainant’s property. Arrangements may also be made by officers to attend out of office hours but this will be done by prior arrangement as Spelthorne Council does not operate an oncall ‘out of office’ service for first time noise events. Can music be played at any level up to 11pm? No. Music played loudly and frequently at any time of the day could be considered to be a nuisance if neighbours cannot hear their own radio/TV at a reasonable level. However, loud music, which is played frequently in the early hours of the morning and causes sleep disturbance is more likely to be viewed as statutory nuisance. What can be done about firework noise? There is no specific law to deal with noise nuisance caused by fireworks and the ordinary nuisance law may not be applicable to firework noise for the following reasons As stated elsewhere a ‘nuisance in law’ must be a continuous state of affairs A firework event held once a year is not ongoing It would be difficult to prove that any one event or person is solely causing the problem although the cumulative effect of all fireworks let off in an area can be annoying. The sale and storage of fireworks is controlled under the Fireworks Act 2003 within the borough by Surrey County Council Trading Standards Officers (external website) Telephone 01372 371700 Fax 01372 371704 Email trading.standards@surreycc.gov.uk Fireworks being let off in the street, 25 metres from a main road or put through letterboxes is an offence dealt with by the Police. The Government and the National Society for Clean Air have produced information in leaflet form, which we can post to you if you supply your name and address. At present it is not possible to provide download a copy. Please email environmental.health.domestic@spelthorne.gov.uk or phone 01784 446251.

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