Complaints about excessive noise are investigated by officers who can take action if the noise is considered to be a statutory nuisance.
When is noise nuisance a statutory nuisance?
Noise nuisance is covered by Part III of the Environmental Protection Act 1990. This law empowers local authorities 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 prejudicial to health and/or is causing an unreasonable and persistent 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 (e.g loud music),
- commercial/industrial noise (e.g 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 and therefore the problem can be sorted out quite quickly. Where this approach fails we can serve a notice on the offending party requiring them to abate the nuisance. If such a notice is not complied with then legal action can follow.
Commercial noise
Noise from commercial premises is often dealt with in the same way as that from a domestic premises. Construction sites are a very common source of noise pollution. They are often in areas which were quiet beforehand and therefore the noise generated from their activities are very noticeable. In most cases, construction noise is controlled by a restriction on working hours.
Aircraft noise
Aircraft noise is excluded from Part III of the Environmental Protection Act 1990, which means that we have no direct responsibility in relation to noise from aircraft.
What Should You Do If You Are Experiencing A Noise Nuisance?
If you live in the Bolton borough please ring the contact centre on the telephone number given under 'Contact Information' or use the 'Do It Online' links on the right hand side of the page to register your complaint. You will be sent a Noise Pack including diary sheets which you need to complete for a two week period and return back to the Service.
Upon receipt of the diary sheets the Environmental Health Officer dealing with your case will review if there is a statutory nuisance and whether further action can be taken by the Service.
The further action the Service can take varies from installing a DAT Recorder in your home through to Prosecution. The Officer dealing with your case will advise you of the action they are going to take.