Noise Complaints
Environmental Protection Act 1990, Section 79
Alleged Noise Nuisance
Before the local authority can consider formal action in respect of a noise complaint, it must first establish both by information from affected persons and by observations that a nuisance (in law) exists.
There is obviously a limit to the number of visits that can be made by officers hoping to witness and confirm a complaint. Therefore, it is important that information is available to assess times when they are most likely to witness the alleged nuisance.
To proceed with a complaint please complete the Noise Nuisance Record Form to record incidents that cause problems to you during the next two weeks. The form should then be signed and returned to:
Environmental Enforcement
North East Lincolnshire Council
Origin One, 1 Origin Way
Europarc
Grimsby
North East Lincolnshire
DN37 9TZ
Please tick the box next to your signature on the noise nuisance record form to indicate that you consent to the alleged offender being contacted and informed of the noise complaint details.
On receipt of your noise record form unless stated to the contrary, the Department will, as the next step in the procedure, write an informal letter to the alleged offender informing them of our investigations, but your name will not be disclosed.
If the problem has ceased or the noise record form is not returned no action will be taken. However, you are welcome to make a fresh complaint should the problem recur.
Further Information for Complainants
- You are advised to keep a record of the noise over the ensuing 14 days. If the record indicates the possibility of statutory noise nuisance we will write to the person(s) causing the nuisance (if known) and ask them to comment. You will not be identified as the complainant at this stage, although you may be required to provide evidence in Court later. In some instances it may be possible for the Officer to provide evidence on your behalf.
- An Officer will call you within seven days of sending the letter to assess whether or not you should be placed on the emergency out of hours noise system.
- If no noise is witnessed over the appropriate observation period you may be advised that other demands on officers' time precluded further investigation. If the officer hears the noise but does not consider it to be a nuisance he will tell you so. In either case you will be advised on how to proceed with your own prosecution.
- When an officer witnesses a statutory noise nuisance he will usually serve a notice on the person(s) responsible requiring it to be abated within a stated period. If the noise continues or recurs after that period an officer will arrange a re-visit in order to witness the breach of the notice. The offence will then be referred to the Courts, subject to the Head of Legal Services being satisfied with the evidence provided. Once legal proceedings have been instituted it may be some time before the Courts can hear the case. This is outside the Council's control.
- For our part, we will pursue the complaint as speedily as circumstances allow and will keep you informed of progress. If your complaint has not been resolved within three months, we will carry out a review, explain why it is taking so long and set a new target for completion.
|