Noise
Noise can cause disruption
and distress to anyone - at home, at leisure, at work and at study.
Across the country complaints about noise are increasing. People
are bothered by noise from car and house alarms, music systems,
barking dogs and many other sources.
Our borough is no different and the council's Environmental
Health Officers receive around 600 noise complaints a year.
The top three most
complained about noises are listed below click to hear a sample
Noise Action Week 26 - 30 April 2010
Noise Action Week is an annual initiative
coordinated by Environmental Protection UK that aims to raise
awareness of the problems caused by neighbour noise and promote
practical solutions to everyday noise problems.
Find out more about how you can live a quieter
life by visiting our Noise Week
webpage.
A reasonable expectation
Everyone is entitled to reasonable enjoyment of their home and
garden and...
- To have an undisturbed nights sleep from noise
- To be protected from significant loss of amenity due to
noise
- Not to hear someone elses excessive noise in their property on
a regular basis
Excessive noise can reduce someone’s quality of life and in
extreme cases can affect their health.
Being a good neighbour
This usually involves a certain degree of “live and let live”.
Most of us will accept a bit of noise now and then especially
people who live in properties with an adjoining wall. However
persistent disturbance from neighbours is annoying and causes
bad neighbour relations.
The timing and length of disturbances often cause anxiety, lack
of sleep and prevent people from being able to enjoy their own
house and garden. If you have spoken to your neighbour on a number
of occasions and the noise carries on regardless you may feel as
though you have nowhere to turn. If the noise is this bad it may be
a statutory nuisance (a prolonged and serious problem causing
regular disturbance to neighbours).
Do you have noisy neighbours?
Most noise complaints received by our team relate to loud
music and dog barking. If you are in this situation we
are here to help. We are independent and assess the
situation based on circumstances which an ordinary reasonable
person would tolerate.
If we investigate and find a statutory nuisance is being caused we
have a duty to serve an abatement notice. Failure to comply
with an abatement notice can lead to a fine of up to £5000 and can
include permanent seizure of all noise making equipment including
Hi-fi, TV, CD’s etc.
What to do if you have a noise problem
In the first place it may be helpful to approach the person
responsible and explain to then the nature of the problem. They may
not realize thay are causing a problem and you may well be able to
resolve the situation quickly and amicably. You can also contact
Citzens Advice for
information about your rights or Ashford Mediation Service
who may be able to help by mediating between you and your
neighbour.
However, if you do need to speak to us please call 01233 330645
or 01233 330571.
You can also report a noise complaint by
completing our Report Noise form.
How we deal with the complaint will depend on the type of noise,
how loud it is, what time of day it takes place, how often it
occurs and for how long it goes on. Each case is decided on
it's own merits and is assessed according to what a reasonable
person would accept.
Complaints we can deal with under Statutory Nuisance
Legislation
A statutory nuisance is prescribed by law and is either
“prejudicial to health or a nuisance”. Basically it must be
persistent. A noise that occurs very occasionally or is of
short duration is unlikely to be a statutory nuisance.
Noise complaints we can deal with under The Control of Pollution
Act
- Construction and Building Sites (Considerate Constructors
Scheme)
Things we cannot deal with formally include:
- Slamming doors
- Household appliances
- Noise from children
- Hard floor noise
- Shouting
To find information and advice on these issues visit our
Ouieter Living webpage
Council tenants
Complaints about council tenants should be directed to the
Housing Team on 01233 330688 - ask to speak to the housing manager
for your area.
Road traffic noise
The council does not have any legislation to deal with general
noise from vehicles on a road.
We are not able to deal with one-off events or moving vehicles
with loud car stereos.
Fireworks
The Police have new powers under the Firework Regulations 2004
to deal with people who are irresponsible with
fireworks. They also prohibit use of fireworks between
11pm and 7am in England and Wales. Tto find out more visit our
fireworks webpage.
This webpage was updated on
1/20/2010