Suffolk Coastal can help to deal with noise that is a statutory
nuisance. What constitutes a statutory nuisance is not easily
defined, however, in general terms, it is something that interferes
unreasonably with your enjoyment of your property, a regular
disturbance that continues sufficiently to be deemed
'unreasonable'.
Types of noise which may be a statutory nuisance
include:
- Noise from domestic properties which becomes persistent and/or
intrusive, e.g. music, loud banging, intruder alarms.
- Noise from industrial, commercial, agricultural or business
premises, e.g. machinery and equipment.
- Noise from construction sites, e.g. building operations.
- Noise from certain equipment or vehicles in streets, e.g. car
alarms and loudspeakers in the street.
We cannot take action against:
- Aircraft noise.
- Noisy exhausts of road vehicles on the highway.
- A one-off party.
- Lawnmowers used during the day.
- Babies crying.
- Dogs barking occasionally.
- General everyday living noises.
- Noise caused by people walking or congregating in the street -
but if this is a persistent problem, there could be a solution, see
our page
about anti-social behaviour.
What should I do if I have a problem with noise?
The Department of the Environment, Food and Rural Affairs
(Defra) has published a leaflet called
Bothered by noise? There's no need to suffer
(new window), containing advice on approaching your
neighbour or the person or company responsible for making the
noise, and advice on complaining to your local council
or magistrates' court.
Often, the best method is to approach the person responsible and
explain politely that you are being troubled by the noise. In most
cases, people are unaware of the problem they are causing.
If this is not possible or if the noise problem continues
contact Suffolk Coastal's Environmental Protection Team on
01394 444624 or email
environmental.protection@suffolkcoastal.gov.uk
giving your name and address and the details of where the noise is
coming from.
You can also
use the online report a problem facility (new
window) on the onesuffolk website to report nuisance
caused by noise in the Suffolk Coastal district and
other council areas in Suffolk.
What can we do to help?
Suffolk Coastal has a procedure for dealing with domestic noise
complaints. In reply to your first contact, you will receive a
letter from us and a copy of our
noise complaint record form (new window PDF
11KB) for completion. This will help us to establish any
patterns so that monitoring may be undertaken at the appropriate
time. (The information may also be used in legal proceedings as
evidence if necessary).
The record should give details of the type of noise, its
duration and how often it happens. It will need to cover a
sufficient time period to show how often the noise occurs. Once
completed the record form should be returned to us. On receipt of
the completed form, an officer will assess it to decide if further
action can be taken on your behalf. If we are unable to help we
will let you know immediately. If we can act on your behalf, you
will be contacted by an officer and advised of the measures to be
taken.
If the noise complained of is a statutory nuisance and is
unlikely to be resolved by informal action, an abatement notice
will be served on the person responsible, requiring them to comply
with certain conditions to abate the noise nuisance. Failure to
comply with this notice is an offence and the Council may take
legal action against the persons concerned. At this stage, if you
wish the Council to pursue the matter, you may be required to
attend court and give evidence.
Some noise complaints, for example, continuous industrial noise
or burglar alarms, may necessitate more immediate investigations.
For these the procedure will be slightly different once your
complaint has been received.
The procedure can take time but it is designed to be fair to
everyone concerned. It must be remembered that the circumstances in
each situation are unique and need to be assessed individually.
There are times when the Council staff don't witness the
nuisance and are therefore unable to take action. If this occurs
you can take your own private legal action, either through the
magistrates' court, under Section 82 of the Environmental
Protection Act 1990, or through the High Court. If you intend to
take your own legal action, you are strongly advised to discuss the
matter with a solicitor first.
Who else is concerned with controlling noise?
Suffolk
Police (new window) - Motor vehicles on public highways,
motor horns, vehicle exhausts.
The Ministry of Defence (new window) - Low
flying military aircraft - Telephone 020 7218 6020.
British Airports Authority (BAA) (new
window) - Civil aircraft (take-off and landing),
contact the airport concerned via the BAA.
Civil Aviation Authority (new window) -
Microlights and light aircraft - Telephone 020 7453 6524.
The information on this page is also available in our
leaflet
What do you do when noise becomes a problem?
(new window PDF 92KB).
Follow this link for
help
with downloading and opening PDF
files.