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• Pollution control - noise
  • Bird Scarers
  • Burglar Alarms
  • Cockerel Noise
  • Construction and Demolition Noise
  • Domestic Noise - practical solution
  • Noise from licensed premises.
  • Noisy animals and barking dogs.

Pollution control - noise

What to do if I am disturbed by noise?

Don't worry you are not alone! According to research, about half of people in England hear noise from their neighbours and, for one in five people this can be a problem.

More often than not, the person(s) responsible for the noise may not be aware of the effects they are having. As investigating officers, people frequently ask us "why didn't they just tell me?" - so a good place to start is by trying to discuss the problem with them, as this will often sort the matter out and help maintain good neighbour relations.

However if you find it difficult to approach your neighbour you could always try UNITE mediation. They promote and provide community mediation and offer a free, confidential and impartial neighbour mediation service to all residents of Hambleton district. UNITE's highly trained and experienced mediators act as 'go-betweens' to organise a meeting between the neighbours in a neutral venue where the mediators help the neighbours talk constructively about their situation and find a way to work things out.

If this does not resolve the problem, or if you feel unable to contact the person responsible, you can ask us to formally investigate the complaint on your behalf.

How the Council can help.

Under the Environmental Protection Act 1990, the Council has a legal duty to investigate all noise complaints to determine if a statutory noise nuisance exists. The Council receives around 400 complaints per year mostly relating to dog barking, domestic noise and business premises.

A statutory noise nuisance is any significant and unreasonable emission of noise which affects another reasonable person in a significant and unreasonable way. It is more than annoyance and much more than the mere detection of noise and is classed as a significant and unreasonable emission of noise which materially affects a persons use and enjoyment of their home and garden. A balance has to be maintained between the rights of people to do what they like in their own home and the rights of neighbours to enjoy their home peacefully.

There are no legal noise levels, so nuisance is assessed as much by the reaction of an average reasonable person as by any technical equipment. Sometimes noise measurements may be made to support the assessment of a nuisance. Many other factors determine whether or not a noise is a statutory nuisance such as:

• The time of day
• The location e.g. urban/rural
• The duration of the noise
• The volume of the noise
• The character of the noise
• Reasonableness

The Environmental Health Team will investigate complaints about domestic noise. We offer a confidential, impartial service and we look to resolving complaints at all stages of the investigation through advice and guidance. 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.
• An officer of the Council may visit when the noise occurs to make an assessment. We do not offer an 'out of hours' service and visits will be rearranged with the complainant should it be deemed necessary as part of the investigation.
• If a statutory nuisance is found to exist, an 'Abatement Notice' will be served to prohibit or restrict the noise.
• If the noise continues, you will be asked to maintain a nuisance diary and an officer will make another visit when the noise is alleged to occur.
• In some cases the Council may obtain a warrant to enter premises and seize nuisance making equipment.
• The final option is to take the 'offender' to a magistrates court where a fine may be imposed and their equipment forfeited.

Our leaflet 'noise complaints' explains what we do in more detail. Our leaflet 'Neighbour Noise Problems Opens in a new window' explains what we do in more detail. We can also investigate others types of noise and further information is available through the following links:-

• Barking dogs
• Burglar Alarms
• Bird Scarers.
• Cockerel noise
• Construction and demolition sites
• Domestic noise problems
• Motorcycle noise Opens in a new window.
• Vehicles, machinery, equipment or loud speakers in the street such as generators, mobile vendors.
• Noise from licensed premises ie. pubs and clubs
• Commercial and industrial premises such as extract ventilation and air conditioning units, deliveries, internal alarms, noise from machinery etc.
• Planning / Development control issues.
• Road works and construction of new roads.
• Low frequency noise. Opens in a new window

However we do not have any legal powers to deal with:

• Rowdy behaviour in public places.
• Fireworks.
• Road traffic noise.
• Aircraft noise - but you can contact the Civil Aviation Authority Opens in a new window or The Ministry of Defence Opens in a new window for military aircraft.

To register a complaint.

If you would like us to investigate your complaint please complete the on line complaint form.

Alternatively if you would like general information or advice about a problem please contact the Environmental Health Team:

Email: info@hambleton.gov.uk
Telephone: 0845 1211555
Write: Environmental Health, Stone Cross, Northallerton, North Yorkshire
Opening Hours: 8.45am - 5.15pm Monday to Thursday, 4.45pm Friday.

Taking your own action.

Section 82 of the Environmental Protection Act 1990 also allows people to take their own action against a person causing an alleged nuisance. Section 82 guidelines Opens in a new window are attached however we would advise anyone thinking about doing this to seek further legal advice.