Sound is often taken for granted and we rarely appreciate all of its functions. It provides enjoyable experiences such as listening to music or the singing of birds. It enables spoken communication and it can alert or warn us - with the wailing of a siren, for example.
Noise is sound that is either unwanted or unpleasant. The level of annoyance depends not only on the type or quality of the sound, but also our attitude towards it. For example the type of music enjoyed by some people could be regarded as noise by others. Sound doesn't need to be loud to annoy. A creaking floor or a dripping tap can be just as annoying as loud thunder. The judgement of "loudness" also depends on the time of the day. A higher volume may be tolerated during the day than at night.
There are no legal noise levels, so nuisance is assessed as much by the reaction of an average reasonable person as by any technical equipment. Sometimes noise measurements may be made to support the assessment of a nuisance.
Avoid Causing a Nuisance
Noise is a form of pollution that we can all do something about. Often we don’t know we are causing a problem until we are told about it. So a little common sense and thought can make a real difference to the comfort and health of our neighbours. Here are some simple ways to minimise noise:
- Keep the volume of radios, TVs, and hi-fi equipment as low as reasonably possible particularly at night.
- Low frequency noise (i.e. from speakers) can carry further than some sounds, so it is advisable to position speakers off the floor and facing away from party walls. Try using speaker stands or an absorbing rubber mat under the speaker and turn the bass levels down.
- If you like your music on loud - use headphones!
- Avoid doing noisy DIY activities after about 9pm at night and on Sundays. If neighbours have young children, they will go to bed even earlier, so try to be considerate. If you are going to be doing a lot of drilling or hammering tell your neighbours beforehand. They may be more understanding if warned in advance.
- If you are going to have a party that will go on until late at night speak to your neighbours and let them know how long it will go on …you could even invite them!
- Treat your neighbours as you would expect them to treat you!
Bothered by noise?
Noise from neighbours can cause annoyance, lack of sleep, stress, and generally affect quality of life. If you are experiencing problems with noise there are a number of options open to you.
- Under no circumstances should you retaliate. This will only serve to increase tension between you and your neighbours. It will also complicate matters and may even jeopardise any court action even if you have a justified complaint. Another possibility is that counter complaints may be made about you.
- Often the best way forward is to discuss the problem with your neighbour. An investigation by the Council can lead to a serious breakdown in neighbour relations and may not always successfully stop the noise. Advice about discussing the matter with your neighbour.
- Should talking with you neighbour not resolve the problem, or you feel unable to approach your neighbour, you could write to them. Here is an example of a suitable letter.
- If neither your personal approach nor your letter resolves the problem, mediation may be a useful option to consider. It is a voluntary process in which trained mediators help you and your neighbour work together to reach a mutually acceptable solution. If you wish to use this service Mediation Dorset can be contacted on telephone number 01305 257717.
- If you are unable to reach an amicable solution or you feel unable to approach the person responsible for the noise, the Council may be able to help. If a Statutory Noise Nuisance is proved they will serve an abatement notice under section 80 of the Environmental Protection Act 1990.
To assist us, you will be asked to keep a written record of the noise. It is very important that you complete the noise record sheets and fill them in accurately and fully. The following information is required:-
1. A description of the noise and how it affects you in your home or garden
2. The dates the noise disturbs you
3. The times the noise starts and then stops.
To begin this procedure, you should contact the Public Protection Department. You will then be sent a noise pack, which contains the appropriate noise record sheets.
You can also view and print the record sheets.
The pack requires the completion of the noise record sheets over a period of 3 weeks. If the noise nuisance still exists after that period, the noise record forms should be returned to this office for analysis. If it appears from the records that a statutory nuisance is likely an investigation will be commenced. An Environmental Health Officer may then visit your home to assess the problem first hand or they may be able in install noise monitoring equipment.
If a statutory noise nuisance is proved an abatement notice will be served. This is enforced through the Magistrates Court. If the notice is not complied with and the problem continues, a fine of up to £5000 can be imposed. Further fines can be made for subsequent offences. In cases where the requirements of an abatement notice are not complied with, an application may be made to the Magistrates Court for a warrant to enter premises. In this instance, equipment and associated items may be seized and held pending the outcome of any prosecution.
If the Officer feels the noise does not constitute a statutory nuisance you will be told as soon a possible and the Public Protection Department will take no further action. You may feel you are still suffering from noise problems in which case you have every right to take private action through the Magistrates Court.
- Some types of noise only occur very occasionally or at night. If it is not possible for an officer to substantiate the existence of the nuisance by witnessing it first hand or via independent and impartial means, it will not be possible to take any formal action on behalf of the complainant. Should this occur you can take independent action by complaining direct to the Magistrates Court under Section 82 of the Environmental Protection Act 1990. You do not have to employ a solicitor, but it is advisable to obtain some legal advice. Use the link in the left hand menu for more information about taking your own action under this procedure.
Council officers investigating allegations of noise nuisance sometimes find that neighbours have fallen out over another matter and that the complaints about noise are not really the main problem and may not actually be justified.
- If this is true in your case, then try and define and then sort out the underlying problem and you may find that the noise will sort itself out.
- Trying to resolve the problem at an early stage is likely to lead to the best solution. An investigation by the Council, or formal legal action taken by you, will take some time to stop the noise.
- If the case does result in an appearance in a Court of Law, then the fact that you have acted reasonably and tried to resolve the noise by talking to your neighbour in a civilised manner could count in your favour.
Out of hours noise service
If you are being affected by noise late at night, you may find the Council's Out of hours noise service can deal with your complaint.
Further Information:
Detailed information on the controls over all sorts of noise – including air and road traffic – can be found in the Government booklet, Bothered by noise? No need to suffer (code 96EP181).
Contact Defra Publications, Admail 6000, London, SW1A 2XX. Telephone: 08459 556000 or
You can write to us at: -
Environment & Pollution Team
Environmental Health & Consumer Services
Town Hall
St Stephen's Road
Bournemouth
BH2 6LL
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