Keep A Diary If You Have Noisy Neighbours Advises Kent Lawyer

17 May 2006

Neighbourhood noise complaints are at their highest level ever. And with organisations across the UK gearing up for Noise Action Week May 22 – 26, Furley Page Solicitors’ litigation lawyer David Hall says that noise which disturbs sleep triggers the biggest outcry.

He comments: “Rowdy behaviour in the street at night, loud music from a neighbouring property, DIY activities and excessive vehicle movements are the noises people complain about most.”

His advice to anyone suffering from noisy neighbours is to keep a diary if they want to prove the activity is a ‘private nuisance’ – one that interferes with their use or enjoyment of land or some right connected with it.

“Details of when the disturbance occurred and how long it lasted will be used in evidence if the complaint goes to a county or high court. An injunction can be obtained to prevent it recurring and sometimes damages may be awarded to compensate for the upset caused. It’s worth remembering, though, that single acts of disturbance can never be a ‘private nuisance’,” he added.

Noise Action Week, co-ordinated by the National Society for Clean Air and Environmental Protection (NSCA), aims to tackle noise nuisance by promoting practical solutions to everyday noise problems and raising awareness of anti-social noise.

Mr Hall points out that in the case of a public nuisance - where an activity affects the public at large within a particular neighbourhood – or a statutory nuisance, where an act of parliament (such as the Environmental Protection Act 1990) defines what level of noise amounts to a nuisance, the local authority can take action on behalf of the community.
A noise abatement notice either requires the noise to stop or it sets conditions on noise levels or times of operation.

In pubs and clubs, for example, noise control devices can be installed which shut down amplifiers if sound rises above a certain level.

Local authorities and the police can apply for anti-social behaviour orders (ASBOs) to prevent individuals or groups carrying out persistent unruly behaviour at unsocial hours.

For more information contact  David Hall.
 

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