Noise Pollution

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 various types of noise. 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:

• Alarms sounding (house / vehicle)
• Neighborhood noise (e.g. loud music)
• Commercial noise (e.g. noisy machinery, pubs and clubs)
• Aircraft noise
• Animal noise (e.g. dogs, cockerels)

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 domestic premises. However, in some cases we may not need to prove a statutory nuisance where the premises holds a public entertainment licence. These licences are issued in order to ensure that the disturbance caused to the general public is kept to a minimum. Action can be taken against premises that operate outside of its licensing agreement.

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 is very noticeable. Construction noise is an anticipated part of a development and therefore a restriction on working hours is often prescribed as part of the planning permission.

Noise in the Street

The Noise and Statutory Nuisance Act 1993 makes noise in the street a statutory nuisance. Traffic noise, noise made by military forces, or from campaigning demonstrations is excluded. The following are included:

• Vehicles - noise emitted from a vehicle, caused by it or by car repairs, car radios, car alarms and parked refrigerator vehicles.
• Loudspeakers - the use of loudspeakers in the streets is banned between 9.00 pm and 8.00 am (the police, ambulance and fire brigade are exempt).

Local authorities can license use outside these hours - e.g. for entertainment but not for advertising purposes or electioneering. Vehicles selling perishable foods may use loudspeakers between 12.00 noon and 7.00 pm and these times can be varied with local authority consent. Complaints about loudspeakers or chimes should be made to the environmental health department.

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 departing or landing.

A nuisance is often difficult to establish but, generally speaking, if something is unreasonable to the average person, a court might decide it is a statutory nuisance. Noise nuisance is covered by Part III of the Environmental Protection Act 1990(EPA). This law empowers local authorities to deal with noise from fixed premises (including land) if they consider that the noise amounts to a statutory nuisance. Proceedings may be taken against noise from factories, shops, pubs, dwellings and stationary vehicles.

Contact Planning & Environment

Email: Environmental Protection

Address: Planning & Environment, Burnley Borough Council, 1st Floor, Parker Lane, Burnley, Lancashire BB11 2DT

Telephone: 01282 425011