Neighbour Noise

Firstly, try approaching your neighbour to explain, politely, that you are troubled by the noise.  Although you may find this difficult it is surprising how often neighbours are unaware of the unhappiness they are causing.  Most will be happy to do what they can to reduce the noise.  However, approach the matter carefully if you think your neighbour might react angrily to a complaint.  In cases where you might feel threatened, or where previous personal approaches have not worked please make a report to us by completing one of our online reporting forms.

If your neighbours are living in a Housing Association or Local Authority property in the first instance please contact the relevant department within the relevant Housing Provider. They may then after a short investigation refer the matter to the Council's Environmental Protection Team for further assistance.

For privately rented properties it may be worth discussing the problem with their landlord or managing agent.  Most tenancy conditions include a requirement that tenants do not cause a disturbance to neighbours.  The landlord may be prepared to take action if serious disturbance is being caused. If not please complete a noise complaint form. 

Should you wish to make a noise complaint please complete our online reporting form by clicking on the following link:

Report a Noise Problem  

 This cannot be easily defined but could be described as an unreasonable interference with the enjoyment of your property.  It must occur regularly and continue for a period of time that makes it unreasonable.

 The following are unlikely to be a Statutory Nuisance:

• A one-off party
• Neighbours arguing infrequently
• A lawnmower used during the day
• A baby crying, children playing or dogs barking occasionally

 The Council has no control over the following:

• Road traffic/revving engines on the public highway
• People shouting/laughing or screaming on a public road or footpath
• Air traffic noise

 Each case will be judged on its merits.  The following factors will be taken into consideration:

• The time of the noise (noise can be a nuisance at any time day or night)
• The duration of the noise
• How often the noise occurs
• The type of noise
• Whether it is socially acceptable (e.g. bonfire night or church bells)

The investigating officer, not the complainant, will make the decision on whether noise is a Statutory Nuisance.  Case law requires us to act as the ‘ordinary reasonable person’ when reaching a decision.  We cannot, therefore, take into account those who have a different or higher expectation of peace.  These include shift workers, or people who are studying, or who are ill.

We will try to resolve your complaint informally. 

Your details will be kept confidential.  However, it may be necessary for you to attend subsequent Court hearings, as a result of legal action taken by the Council in respect of a Statutory Noise Nuisance.  You will be sent written confirmation of your complaint enclosing a diary record sheet to enable you to keep a written record of any further noise disturbance from your neighbour’s premises. Should you prefer a digital format of our noise diary a copy can be downloaded by clicking on the below link:  

 NOISE DIARY     

If you are unable to complete a written record, please advise the investigating officer as soon as possible.  We will endeavour to assist you in finding another way to record the necessary details.  You should return the diary when you think it gives us enough information to assess the level of nuisance that you are suffering.  If the diary sheets are not returned further action will not be possible and the case will be closed.

If the diary sheets are returned the investigating officer will assess the written evidence and decide whether the noise could be classed as a Statutory Nuisance.  If the officer decides that the noise could not be classed as a statutory nuisance you will be advised verbally and/or in writing.

If the diary sheets indicate the likely existence of a Statutory Noise Nuisance the investigating officer will contact you to discuss the next step in the process.  This could include visits to your property, use of the noise app or the installation of noise monitoring equipment, if appropriate. There is also an Out of Hours noise monitoring service, whereby Noise Officers can witness the problem if it occurs at night.

If the officer decides further investigation is required, the alleged perpetrator will be advised, usually by letter, that a complaint has been received.  They will be made aware of the legal powers available to the Council if they cause a Statutory Noise Nuisance.

If a Statutory Nuisance is proved to exist, the offender will be served with a Section 80 Noise Abatement Notice under the Environmental Protection Act 1990.  If the offender continues to cause a nuisance after the Notice has been served there is scope within the legislation to enter their premises to seize noise-making equipment.  If the problems continue the case may be passed to the Legal Department with a view to taking the offender to Court.  The maximum penalty, if found guilty, is £5,000.00 or an unlimited fine in the case of businesses. Please note that if the persons involved with the case refuse to give evidence at Magistrates Court cases may be withdrawn as witness testimony is a key form of evidence for Statutory Nuisance cases. Cases are unlikley to be successful without the involvement of the person who has been affected.

If after a thorough investigation no Statutory Nuisance is substantiated the case will be closed.  You can consider taking your own action and information on how to do this are detailed in our "Take your own action" leaflet which can be downloaded by clicking on the below weblink:

Take your own action leaflet