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Sound is essential to our daily lives, but noise is not. Noise can be defined as unwanted sound. It is a source of irritation and stress for many people and can even damage our hearing if it is loud enough. Many of us are exposed to stressful levels of noise at home and at work.
In this section of the website, you can find out what you can do if you are affected by noise at your home, either through people in your neighbourhood, such as noise from a television or stereo, DIY, cars and car repairs, barking dogs, burglar alarms, banging doors and domestic appliances. You can also find out what help is available if you are being affected by industrial or commercial noise, such as noise from construction sites, factories, pubs and clubs, ice cream chimes, loudspeakers in the street, takeaways and other businesses.
It is a fact of life that we all make noise, whether by talking to other people, playing music, entertaining, driving our cars or just going about our daily business. No house is completely soundproof and everyone should expect some noise from people around them. People's sensitivity to sound varies, what one person considers is quiet others may think is noisy and annoying. You may be disturbed because:
If you are being disturbed by noise from a neighbour, consider approaching him/her to explain politely that you are being troubled by noise. Often an immediate approach by us can lead to a breakdown in relations between neighbours and whilst we try to avoid this in the way that we deal with complaints, it is often better to try to solve the problem between yourselves first. You may find this difficult but often people are unaware that they are causing a problem and most will be glad to do what they can to help. If you think it's appropriate you could invite them in to your home to hear the level of noise. Always approach the matter carefully if you think your neighbour might react angrily.
If your initial request to your neighbour is snubbed or ignored, write to them about the problem. Refer to your previous approach, anything they might have agreed to do and the effect the noise is having, on you and/or your family. Ask them again to stop.
If the problem persists, keep a record of the times you have spoken to your neighbours and copies of any letters you write. You should keep a diary of the dates and times the nuisance occurs, how long it lasted and the effect it has on you. This will provide the first level of evidence if any subsequent legal action is needed. Be careful to make a record as events happen, not sometime later and try not to exaggerate. For example:
|
Date |
Start Time |
Finish Time |
Type of Noise |
Effect |
|
27/1/02 |
12.05 am |
01.30 am |
loud music |
Woke me up - couldn't sleep until 2.00 am |
|
29/1/02 |
09.00 pm |
12.30 am |
hammering & banging |
Could not hear television unless on full |
Tell your neighbour every time a nuisance occurs. If the problem persists, you can make a formal complaint to us. If the person causing the problem is a Council tenant, you should make your complaint to the local area housing office. If the property is privately owned you should contact our pollution team. If the property is rented by a housing association, you should contact the housing association first.
If the noise problem seems to be inadequate sound insulation, there are a number of DIY solutions available to improve it and our pollution team on 01329 236100 or regulatory@fareham.gov.uk who can give you advice.
You may be affected by industrial or commercial noise, such as noise from construction sites, factories, pubs and clubs, ice cream chimes, loudspeakers in the street, takeaways and other businesses.
First of all consider making an approach to the company creating the noise to explain the effect it is having on you. They may be unaware of the problems they are causing, and if approached in a reasonable manner will respond helpfully. However, if the noise continues, or you do not feel confident in approaching the company, contact our pollution team. We will treat your complaint in the strictest confidence.
We will contact you by phone to discuss the issue. Depending on the circumstances of your case, we may ask you to contact us when the noise is happening so that we can try and witness it or we may decide to contact the neighbour by writing to them or visiting them. We may also ask you to keep a written log of the dates and times that the nuisance is occurring.
Noise is subjective and what may be an extreme nuisance to you may hardly be noticed by someone else. We must hear the noise for ourselves to decide whether or not a "statutory nuisance" exists. We may need to visit your home to hear the noise first hand or to set up equipment in it to record it. When we do this, our officers assess how loud and unreasonable the noise is to the average person. Things that help us to decide include:
The success of our action will rely on you helping us to gather evidence, for example, by contacting us when the nuisance is happening, following instructions about noise monitoring devices and keeping a diary log if requested to do so.
If our officers are satisfied that the noise is a nuisance in legal terms they will serve a noise abatement notice on your neighbour/the source of the noise under Section 80 of the Environmental Protection Act 1990. If the noise continues, it would be an offence and could lead to prosecution of the offender and/or seizure of any noise making equipment. On the rare occasions that a complaint does go this far, your evidence will be very important and you may be called to give it at a hearing.
Many complaints can be sorted out by first contact with the person causing the problem. We aim to solve nine out of 10 of these 'simpler' cases within one month. Unfortunately not all cases are 'simple'. Sometimes it takes months to investigate all aspects of a noise problem to recommend the best solution. There may be practical reasons why a company has to be allowed a longer period to complete the suggested work. For example, a factory may need a silencer to be specially designed before it can be fitted.
Our experience in dealing with these problems suggests that if we have been unable to hear or record the noise ourselves after arranging three separate monitoring exercises it is unlikely that we will get the evidence we require to take legal action on your behalf. To avoid any further delay we will normally write to you after the third monitoring exercise and let you know what alternative steps you might take. This does not mean that you do not have a problem: just that the investigation methods available to us are not suited to getting evidence needed to prove a case on your behalf. You can take your own legal action under Section 82 of the Act and make a complaint to a magistrates' court. You will need to produce evidence - particularly copies of any letters and diary log forms. The magistrate(s) will listen to your evidence and that of anyone else affected by the noise. The magistrate(s) will then decide whether, beyond all reasonable doubt, the noise problem amounts to a statutory nuisance.
If you need to get in touch with the pollution team to make a complaint, get more advice or clarify any guidance, contact us on 01329 236100 or at regulatory@fareham.gov.uk
You can see more information on these websites:
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