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Reports where noise has been witnessed are always considered on their merits,
and a case may be opened, and further enforcement action taken as appropriate.
Cases will be opened where noise is deemed a statutory nuisance that could
warrant a Section 80 Noise Abatement Notice being served or where noise is
witnessed on a second occasion and is deemed a potentially persistent problem.
The following evidence may be used to support a noise nuisance investigation,
however, does not solely determine what constitutes a statutory noise nuisance.
Professional judgement is necessary to decide if the complaint can be considered
a statutory nuisance. Evidence, which may be used to support an investigation,
includes.
• Noise diaries: -
• Calls to the Council and the Out of Hours service to report that the noise
is Ongoing: -
• Visits by officers and Out of Hours service to witness the noise: -
• Witness statements from officers/Out of Hours officers and the reporting
Person/victim: -
• Evidence from noise monitoring equipment.
Noise Diaries: -
Noise diaries completed by the reporting person or victim(s) can assist the noise
and nuisance team in deciding whether the problem is actionable or reasonable
by providing details of.
• The nature of the problem: -
• The frequency, time of day and nature of the noise.
Where an abatement notice is to be served, this should be drafted and served
within 7 days, starting with the day on which the relevant officer was first
satisfied that the nuisance existed, or was likely to occur or recur.
Where an abatement notice is to be served, this should be drafted and served
within 7 days, starting with the day on which the relevant officer was first
satisfied that the nuisance existed, or was likely to occur or recur.
MOTIVE – deliberately using noise to cause annoyance or distress, the noise and
nuisance team will consider the circumstances under which the noise was
witnessed.
• Is the behaviour reasonable?
• Is it intentional?
• Can it be controlled?
• Has the accused failed to comply with a previous request to abate the
nuisance?
THE NOISE AND NUISANCE TEAM recognises that there is no set decibel
limit that needs to be exceeded for noise to be categorised as a ‘statutory
nuisance’. Noise that could potentially be a statutory nuisance includes.
• Loud music: -
• Loud TV: -
• Loud parties: -
• Playing musical instruments: -
• D.I.Y at unreasonable hours: -
• Dogs barking for prolonged periods: -
• Cockerels crowing: -