The council investigates complaints of noise nuisance from domestic premises.
For information on commercial noise visit our statutory nuisance - commercial page.
Service available
Monday to Thursday: 8.30am to 5pm
Friday: 8.30am to 4.30pm
Out of office hours service available to specified cases.
Area covered
North Lincolnshire
Contact
Neighbourhood Response Team
North Lincolnshire Council
Church Square House
PO Box 42
Scunthorpe
North Lincolnshire
DN15 6XQ
Tel. 01724 297827.
When is noise nuisance a statutory nuisance?
Part III of the Environmental Protection Act 1990 covers noise nuisance. This law allows councils to deal with noise from fixed premises. Before action can be taken we have to be sure that the noise constitutes a statutory nuisance. This means that we have to prove that the noise is harmful to health and/or is causing an unreasonable and constant disturbance to your lifestyle.
There are a number of different sources of noise pollution and therefore the service is categorised into the following:
- Neighbourhood noise (for example, loud music)
- Commercial noise (for example, noisy machinery, pubs and clubs)
- Aircraft noise
- Barking dogs
Neighbourhood noise
Excessive noise from neighbours can be frustrating and can cause a lot of unnecessary stress and worry. In many cases, the person making the noise is unaware that they are causing a problem. Therefore the problem can be sorted out quite quickly by speaking to them politely or writing a brief letter to explain the situation.
Commercial noise
Noise from commercial premises is often dealt with in the same way as domestic premises. However, in some cases, commercial premises may be covered by other pieces of legislation, which may also help control noise. For example, public entertainment licences and planning permission.
In relation to construction sites, noise is often an anticipated part of development. Therefore, a restriction on working hours may be prescribed as part of the planning permission.
Aircraft noise
Aircraft noise is excluded from Part III of the Environmental Protection Act 1990. If departing or landing aircraft is causing you a nuisance, the Civil Aviation Authority should be contacted.
Barking dogs
The dog wardens deal with initial calls regarding barking dogs. Once initial contact has been made and there is no improvement, the matter is referred to the Public Health team for further investigation.
Loud or excessive barking can be disturbing for neighbours. This is particularly so when it occurs at times that are generally anti-social, at night for example. Sometimes, however, the nuisance is not immediately obvious to the owner.
The nuisance can be made worse by the barking being intermittent with the result that the listener becomes sensitised and finds it difficult, if not impossible, to adjust and treat the noise as background noise they can ignore. Sometimes the nuisance results in a breakdown in neighbourliness between the two parties because the problem is not resolved or neighbours interpret the barking as being due to the dog being distressed.
The leaflet below has been produced by the Department for Environment, Farming and Rural Affairs. It offers advice on dealing with a barking dog.
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Note: The above document is in Portable Document Format (PDF). You will need a suitable reader to view it. A reader can be downloaded free from the Adobe website (full instructions for downloading the reader are provided on the site).
Council procedure for dealing with nuisance
If a complaint is made to the council about noise nuisance, then generally the following procedure will be followed:
- Standard letters are sent to both neighbours. The neighbour being complained about receives a letter telling them a complaint has been made, what the complaint is about and asking them to think about what they are doing. The listener receives diary forms asking them to record any further problems that happen over the next 14 to 28 days and then to return them to the council.
- Once diary sheets are returned, we will then make a decision as to whether the noise being complained about is something which can be dealt with using the Environmental Protection Act 1990 and is likely to be a statutory nuisance and thus requiring further investigation.
- Further investigation can include putting noise recording equipment into the house of the listener or providing an out of hours call out number which the listener can use to call out a council officer to witness the noise during the evening or weekends. The person being complained about is told that further investigation is taking place and that they can contact the council to discuss the situation.
- If a noise nuisance is witnessed at a property, the council will serve a formal notice on the person responsible and they must stop causing the nuisance. If they feel that the notice is unfair, they may be able to appeal and should, in any case, seek legal advice immediately.
- If a further noise nuisance is witnessed at a property after the service of a notice, then the person responsible may be taken to court and have their noise equipment removed by the council. This could include, stereo, TV and even CDs.
Anybody receiving a noise abatement notice should always contact the council to discuss the matter and prevent a breach of the notice. They should also seek legal advice from a suitable qualified solicitor, Citizens Advice Bureau etc.
The council will give advice on noise nuisance and in certain limited circumstances it may be possible to informally mediate between neighbours.
More information
Email: Environmental.Health@northlincs.gov.uk.
For more information noise from DIY, domestic appliances and parties - please see below.
For help or assistance with forms of anti-social behaviour other than noise nuisance, please contact the council's Safer Neighbourhoods team.