Thursday 24 December 2015

Noise Abatement Notices

There is a thread on Barbican Talk about the recent peeping substation alarm issue.  This message explains the Noise Abatement Notice and I thought I'd post it here (edited slightly to add links and make it more generic) for future reference:

Contact the City environmental health people by phone (020 7606 3030) or email.

Ask the duty inspector to assess the noise.

He/she will thereby be in a position to declare the noise a 'statutory nuisance' under Section 80 of the (1990) Environmental Protection Act, which will thereby allow CoL to issue and serve an S80 Noise Abatement notice.

CoL will no doubt have the details of who to contact, but require 'proof' (most importantly onsite, first-hand evaluation by their representative) so as to be able to justify/defend the escalation, and any action taken to that end, if necessary in court.

KEY POINTS (including in any follow-up conversation)
  1. For noise to amount to a statutory nuisance, it must be "prejudicial to health or a nuisance" 
  2. An abatement notice can be served by the local authority if they are satisfied that a noise problem amounts to a statutory nuisance. 
  3. The notice may require that the noise be stopped altogether or limited to certain times of day. 
  4. The notice can be served on the person responsible for the noise, who then has 21 days to appeal.

Often/usually 'the threat' of formal sanction is enough.

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