Your Rights Under Noise & Statutory Nuisance Act 1993

Your rights when it comes to the Noise and Statutory Nuisance Act 1993 work in conjunction with the Environmental Protection Act 1990 and the Noise Act 1996, and when it comes to neighbourhood issues, it is aimed at protecting those who wish to make a complaint about excessive noise that is affecting their quality of life.

How Does It Differ From The Noise Act 1996?

Many aspects of the Noise and Statutory Nuisance Act 1993 are quite similar to the Noise Act 1996 in terms of the range of powers the courts have in issuing fines and other punishments to offenders. Where it differs slightly is in terms of how your Environment Health Department goes about establishing whether or not the noise levels represent a ‘statutory nuisance’.

What Constitutes A ‘Statutory Nuisance’?

The legislation states that the noise which is the cause of the complaint must be (or is likely to be) either detrimental to a person’s health and/or it is interfering (or is likely to interfere) with a person’s own enjoyment of their own property and land.

Your Local Authority’s Responsibility

It is your local authority’s responsibility, usually via an Environmental Health Officer, to investigate any complaints about noise emanating from the following:

• Buildings (including domestic residences)
• Land (such as construction sites, farms, domestic gardens, parks and nearby fields)
• Vehicles (but not general traffic noise)
• Machinery (such as equipment used in construction, road repairs and other outdoor sound equipment)

It is then up to the judgement of the Environmental Health Officer to determine whether or not the noise does represent a ‘statutory nuisance’. Within the Noise Act 1996 and the Environmental Protection Act 1990, the officer has the power to take further action in terms of issuing abatement notices and to proceed through the courts where necessary (possible action that can be taken is outlined in the Noise Act 1996 article which is also available on this website).

What if the Officer Disagrees?

If you feel you are being plagued by noise that represents a statutory nuisance but the officer doesn’t agree with you, then you do have the right to challenge that decision. You would need to find out how you would go about making a formal complaint from your local authority, and go down that route first of all. If that’s not successful, you can write to the Chief Executive of your local authority and try to enlist the help of your local councillor.

If, having done all that, the situation has still not been resolved, you can ask the independent Local Government Ombudsman to look into the matter. They will ensure whether or not all of the correct procedures have been followed through to the letter by the local authority in terms of what is set out in the legislation.

If the Ombudsman still comes down on the side of the local authority, however, (although they are independent so they may well determine that you DO have a valid case) you can still take the issue further by taking your case directly to a magistrate’s court. Nevertheless, the court would need to be convinced that your complaint does amount to a ‘statutory nuisance’ for any further action to be taken.

As with all neighbourhood ‘noise related’ problems, wherever it’s possible and reasonable to do so, you should try to resolve matters directly with the person(s) responsible for causing the noise nuisance first. Quite often, you’ll find that they weren’t aware that they were causing a nuisance in the first place, and will be happy to reduce or eliminate the noise so that peace can be restored.

On the other hand, if you have tried that method and failed, you should have no hesitation in calling your local Environment Health Department (but not the police) and let them use the powers of the law to try to resolve the matter.