Noise and other nuisances
Noise (domestic and non-domestic), smell, dust, smoke and other emissions from premises can cause a legal nuisance, if they materially affect the use or enjoyment of other premises
The Environmental Protection Act 1990 requires Councils to take reasonable steps to investigate and, if appropriate, take formal action in the event of justified complaints of statutory nuisance. The Environmental Protection Team investigates Statutory Nuisance complaints within Torridge.
Typical complaints relate to neighbour noise (including barking dogs), factory noise, dust from building and demolition activity, smoke from burning waste and cooking smells from restaurants - see download leaflets
Please note the Council does not operate a noise call-out service. Out-of-hours monitoring visits are undertaken by prior arrangement
Our approach to nuisance complaints is designed to promote consideration and good relations between neighbours. We encourage complainants to initially discuss problems with neighbours in the hope that a solution can be found without official interference. In many cases the business or householder may not be aware of the disturbance being caused, so an informal and friendly approach by those affected may be the best way to achieve a lasting solution to the problem. Involving the Council without such an approach can sometimes make matters worse!
The organisation Northern Devon Community Mediation also provides an independent service to try to resolve neighbour disputes. They can be contacted on 0845 201 2556 (local call rate) or at email@example.com Their website is available at www.ndcmediation.org
The Environmental Protection Team recognises that not all nuisance problems can be dealt with by an informal approach and there are occasions when official intervention is the only way to abate a noise or other statutory nuisance. More information on the way the Environmental Protection Team deal with nuisance complaints is provided in the download leaflets.
SUMMARY OF NUISANCE COMPLAINT SERVICE
- The complainant will be asked to complete our online complaint form here or one can be sent in the post
- The complainant will normally be asked to keep a 'diary' of noise events and we provide diary forms to assist
- The Council can only take formal action if the nuisance complained of can be witnessed, either during a visit to the complainant's home or, under certain circumstances, by recording equipment left there. If the nuisance regularly happens during the normal working day, the complainant may be asked to contact the nominated case officer so that, if available, they can visit immediately
- When the nuisance occurs only or mainly outside normal office hours, then visits can be made by prior arrangements at times when it is most likely that the nuisance can be witnessed. The Council does not operate an out-of-hours 'call out' service
- The law requires the Council to take such steps "as are reasonably practicable" to investigate nuisance complaints. As resources for investigation are limited, Torridge District Council's policy is that THREE ASSESSMENT VISITS are normally the maximum which can be expected and that this number represents a proper discharge of its duties in respect of statutory nuisance investigations
- If within the three visits evidence of a problem that may amount to a statutory nuisance is obtained, further action will be taken by the case officer on the complainant's behalf. The type of action will depend upon the circumstances, but may include a written warning or the service of an Abatement Notice on those responsible for the problem. Failure to comply with an Abatement Notice is an offence which may result in a fine of up to £5,000 for domestic premises and £20,000 for commercial premises
- In cases where:
- no nuisance has occurred during any of the three visits, or
- a problem has been witnessed, but, in the opinion of the Council officer, it does not amount to a statutory nuisance, the investigation will normally be discontinued and the complainant informed accordingly.
INFORMING THE COUNCIL
If you wish to make a complaint about a noise or other problem that you believe may be a statutory nuisance, please ensure you read the relevant downloadable leaflet/s. After having read the leaflet/s you can either complete the online complaint form here or contact the Environmental Protection Team. We will then send you a complaint pack, which includes a complaint form to be completed and returned to the office.
On receipt of a completed complaint form, an officer of the Council will normally contact the occupier of the premises complained of to make them aware that a problem may exist (although not confirmed) and giving them the opportunity to take action if necessary. In urgent cases, an investigation may be commenced prior to receipt of the completed complaint form.
The identity of the complainant will not be disclosed without prior agreement. However, should formal enforcement action be required, you may be called as a witness.
TAKING ACTION YOURSELF
Should there be insufficient evidence of statutory nuisance for the Council to act, you might consider taking legal action yourself. This can be done under Section 82 of the Environmental Protection Act 1990.
This can be relatively straightforward and need not cost much. You do not need to employ a solicitor, but it is advisable to obtain some legal advice before embarking on this course of action.
If you can convince the Court that your complaint is justified, the Court may require the offender to abate the nuisance.
However, should you fail to prove your case you may have to pay some of the defendant's costs.
Please contact the Environmental Protection Team for further advice on taking your own action.