Noise control

Tips for having the conversation:

• Be polite and don’t interrupt when talking. Be clear about the problem and how the noise is affecting you.
• Be reasonable and empathetic – perhaps they didn’t realise or just need some support.
• Be safe and pick a suitable time for a discussion – if late at night, perhaps wait until tomorrow.
• Most importantly, be calm and considerate. This may prevent tension or unnecessary disagreements.

If this approach doesn’t work and the problem continues, we suggest you explain the problem in writing, and in polite terms.

If this approach has failed then download and  complete our diary sheets.

The diary is an important aid to the investigation and should detail dates and times when the noise is heard and the effect it has on you. This will help us assess the situation and allow us to choose the best method of proceeding with an investigation.

During the investigation, the officers have to assess how unreasonable the noise is to the average person. Noise is very subjective, what may be causing one person extreme distress may hardly be noticed by someone else. We must, therefore, hear the noise for ourselves to decide whether or not a statutory nuisance, within the strict meaning of the law exists. Some of the things which help us decide are:

• How loud is the noise?
• What times of the day/night does the noise occur?
• How long does the noise last for?
• What type of noise? Some noises are more annoying than others.
• What is the nature of the area? e.g. rural / industrial estate / urban etc.
• What is the level of background noise?

If you are not able to print the diary sheets at home you can contact the office directly at environmental.health@northlincs.gov.uk requesting that the sheets are sent to your home address. Please return any completed diary sheets back to Environmental Health and Housing, Church Square House in Scunthorpe, or email them to us on environmental.health@northlincs.gov.uk.

Please note, we may not begin an investigation without first receiving diary sheets.

Our procedure for dealing with domestic noise procedure [PDF, 104Kb] can provide more information.

• If you live in a property owned by Ongo Homes or another registered Social Landlord (RSL), or the neighbour causing a nuisance lives in an RSL property, you must report your concerns to them first. If further action is needed, the relevant officer will refer the complaint to us for action.
• To make a complaint to Ongo, you can either visit the Ongo website or call Ongo on 01724 279900.

It is difficult to give a definition of noise nuisance – we all make noise at some time whether at home, work or leisure. Noise is normally thought of as unwanted sound. The sound can be unwanted because it is too loud, too intrusive, happening at the wrong time, or because it occurs repeatedly or unexpectedly.

There is no time frame as to when a residential noise becomes a statutory nuisance. Some people believe they can play music and make noise until 11 pm. This isn’t true. A statutory nuisance is something that, under the Environmental Protection Act 1990, affects a person’s health or causes disturbance to them in their property at any time of day or night.

In domestic situations, this can often include watching TV loudly, playing music loudly, having regular parties or barbeques, using DIY equipment, dogs barking, and when generally going about our daily lives.

You may also live close to a business, pub or leisure activity which causes unreasonable disturbance to you at home.

Excessive and inconsiderate noise is unacceptable when it affects the quality of other people’s lives.

No, we cannot usually investigate anonymous complaints.

To prove noise is a statutory nuisance or anti-social behaviour, we will need to investigate the problem at the complainant’s property. When carrying out visits, we will be as discreet as is reasonably practicable, and we will keep your details confidential, in accordance with our data protection policy. However, the complainant will be expected to keep a diary of noise problems suffered and to provide a statement of witness or attend court should formal action be necessary.

When we receive a completed diary sheet about noise nuisance, and we believe there is sufficient evidence to open a noise investigation, we will always write to the source of the noise to tell them that we will be investigating the allegation. We have a duty to investigate all noise complaints, even if you do not think you are making a noise.

We are unable to tell you who has complained. Even if you believe you know who has made the complaint, we will not be able to give you this information.

As part of the investigation, we may install noise monitoring equipment in the property of the person who has complained and ask them to make recordings of the noise. Alternatively, an officer may visit the persons house to listen to the noise in person.

If we are satisfied that noise coming from your property is causing a nuisance, we will invite you to attend a noise interview. This may include playing you recordings of the noise so that you can understand the impact your noise is having on other people.

In general, we can only deal with noise coming from a premises: for example a house, garden, land or commercial building.

We can deal with noise from stationary vehicles, machinery and equipment on the highway. For example, a car alarm or noisy generator.

In areas of mixed residential, commercial and industrial premises, some noise should be expected.

There are a number of different regimes and laws which aim to control commercial and industrial noise. For example, a premises licence, planning permission or an Environmental Permit.

Noise from pubs, clubs and live music events

In addition to controls provided under noise nuisance laws, noise from pubs, clubs and live music events may also be controlled by a Premises Licence or Temporary Event Notice. These are issued by the council’s Licensing team.

Noise from construction and demolition sites

Construction and demolition is a necessary activity that routinely takes place to improve and develop our area. It is inevitable that some noise and disturbance will occur where residents live in close proximity to development sites.

Builders can help minimise noise by organising their noisy activities to take place during reasonable hours of the day. Site working hours will vary across different sites and depending upon the nature of the work, however we would not expect sites to work on Sundays and bank holidays, or before 7am. Some work during night time hours and weekends is unavoidable, particularly on the transport network.

The Control of Pollution Act 1974 Section 60 enables the council to serve a notice to control noise from building sites. Noise from very large building sites may also be controlled by a planning condition.

Noise from bird scarers

Bird scarers are routinely used to protect crops. If noise from bird scarers disturbs you before sunrise or after sunset, or fires more than four times in an hour, you should speak to the farmer to let him know how it affects you.

The National Farmers Union has prepared a code of practice on the use of audible bird scarers.

Report commercial noise nuisance

To report commercial noise, you need to provide us with the following information:

• Your name, address and contact information.
• The premises or land where the noise is coming from.
• The name of the person responsible for the premises or land.
• How often the noise is happening and at what times of day.

Animals, by nature, make noise, from dogs barking to farmyard animals. Before contacting the council about a noisy animal, you should talk to your neighbour first, explaining how the noise is affecting you.

There are some animals that can cause a statutory nuisance and can be reported to the council such as dogs barking or cockerels and there are some that can’t be reported, such as wild animals/birds. Those who keep animals are usually very conscious about their animals and the noise they make. We advise you talk to you neighbour in the first instance.

Dogs

If the noise nuisance is from a barking dog the council cannot prevent a dog from barking – we can only work with the owner to reduce the noise. If this fails then we would consider further legal action but we would not remove the dog.

The government has also produced useful guidance on resolving problems with barking dogs. (DEFRA doc)

If you are concerned about any animals welfare please contact the RSPCA – external site for further advice and guidance.

Cockerels

Cockerels have the potential to cause noise nuisance, particularly when they are kept near built-up areas. If you own a cockerel there are a few steps that can be followed to help minimise crowing and disturbing your neighbours. In the first instance, consider whether you really need to own a cockerel. Cockerels are not required for a hen to produce eggs.

Suggestions for controlling noise from cockerels include:

• cockerels tend to crow from first light. If they can be put into a dark hen house or coop covered with a heavy material overnight and they cannot see the dawn this should reduce the problem.
• let the cockerel(s) out later in the morning (for example, after 8.00am) as this should delay the early morning crowing.
• a high level shelf can be put in the hen house to allow the cockerel to walk around above the hens but prevents it stretching its neck to make the crowing sound. Consideration should be made for separate hen houses for each breed so when closed in at night smaller cockerels and chickens have a lower ceiling height in their house than the bigger breeds to prevent crowing.
• ideally only have one cockerel (over 5 months in age) at the premises at any one time, to prevent competition and more crowing.
• locate the cockerel(s) away from neighbouring residential property.
• consider sound-proofing the hen-house, building or shed where they are housed, and prevent light from entering it.
• make sure there is plenty of food and distractions to keep them occupied, as boredom can be a cause for more crowing.

In general, we can only deal with noise coming from a premises: for example a house, garden, land or commercial building.

Examples of domestic noise problems we cannot investigate –

• traffic (moving or temporarily stationary in the street).
• aircraft (not including model aircraft).
• noise from railways.
• demonstrations.
• noise from children playing.
• normal domestic noise such as washing machines and tumble driers (during reasonable hours), doors shutting, flushing toilets, footsteps, and talking/conversation.

We are not able to deal with general road traffic noise. Noise from individual noisy vehicles on a residential road can be reported to the Police by calling 101.

We do not deal with aircraft noise. If departing or landing aircraft is causing you a nuisance, please contact the Civil Aviation Authority.

We are unable to deal with noise from railways.