Pollution control - noise
Information about noise nuisance.
- Domestic Noise
- DIY Noise
- Audible Intruder Alarms
- Construction Noise
- Noise Abatement Zones
- Aircraft Noise
- Scrap Metal Dealers
When is noise nuisance a statutory nuisance?
Noise nuisance is covered by Part III of the Environmental Protection Act 1990. This law empowers local authorities to deal with noise from fixed premises. Before action can be taken we have to be sure that the noise constitutes a statutory nuisance. This means that we have to prove that the noise is prejudicial to health and/or is causing an unreasonable and persistent disturbance to your lifestyle.
Audible Intruder Alarms
Audible intruder alarms are widely used to protect property from unauthorised entry. Unfortunately they may be triggered by a fault in the system causing a noise problem for nearby neighbours, especially if it occurs frequently. Complaints are usually due to the duration of the alarm rather than to the actual volume.
Under the Control of Pollution (code of practice on noise from audible intruder alarms) Order 1982, all alarm systems should have an automatic cut out device fitted to the stop the alarm sounding after 20 minutes.
If you live within the Solihull area you should log details of reliable key holders to your premises with the Councils Environmental Protection Team. This is not a legal obligation. We would encourage residents to let their neighbours know when they will be holiday and to give them a key or contact number should their house alarm go off. If for any reason residents do not wish to do this we can keep keyholder details to contact if an alarm goes off.
No formal keyholder registration area has been designated for Solihull under the provisions in the Clean Neighbourhoods and Environment Act 2005, but voluntary registration can save time and expense if it goes off.
These details are kept on a confidential database and are only contacted if your alarm is reported as sounding. These details will not be passed to any third party without your consent.
What do I do if an alarm is going off?
- If you suspect a false entry to the property contact the police immediately
- Talk to neighbours to see if there are any key-holders and when the owners are expected to return
- If the alarm continues after 20 minutes then contact Solihull Connect on 0121 704 8000. If the alarm is sounding outside working hours, then the matter can be reported to the council on the Emergency number given on 0121 704 8000. Environmental Health do not operate a 24/7 service.
We will check our database to see if a key-holder exists. If it does then we will contact them to disable the alarm.
If no details are available, or if the key holder is not available, and it is not known if the householders are due home soon then an officer will visit to assess the noise. If the alarm has been sounding continuously for more than 20 minutes or intermittently for more than one hour and is such that it is likely to give persons living or working in the vicinity reasonable cause for annoyance then the officer can enter the premises without force to silence the alarm. the officer will arrange for an alarm company to disable the alarm from the outside. This may mean that the property is no longer covered by the alarm until reset. Any expenses reasonably incurred by us in connection with entering the premises , silencing the alarm , leaving a notice and securing the premises may be recoverable from the responsible person. Such expenses include the cost of steps taken to silence the alarm before the premises was entered and for the cost of calling an engineer.
We would prefer not to take this kind of action and if alarm holders could register a key holder who could be contacted 24 hours this could save money and be less irritating to neighbours.
What can you do?
- Complete a keyholders form available from Environmental Protection with alternative key holders. This can also be downloaded from the Alarm registration form on the right
- Ensure your alarm has a 20-minute cut-out and is serviced on a regular basis
- When taking over an existing alarm have it serviced to ensure it is working correctly
Remember...
Your alarm is there to protect your property, but if the alarm sounds often it may be ignored and is therefore not doing its intended job
If we are unable to take your complaint forward or you wish to deal with the problem yourself you can make a complaint under section 82 of the Environmental Protection Act 1990.
Contact the Clerks to the Magistrates at your local court and explain that you wish to make a complaint under Section 80 of the above Act.
More and more homes are being fitted with audible alarms. It is not uncommon for an alarm to go off for no apparent reason or due to a faulty design, installation or incorrect use - often sounding for hours or even days at a time, which can be classed as a Statutory Nuisance.
The Government has produced a Code of Practice to try and reduce the incidence of nuisance caused by the ringing of these alarms. The alarm should be fitted with an automatic cut-out device, such a device would automatically stop the ringing after a period of 20 minutes from the activation of the system. The Code also says that the householder should inform the Local Authority of the installation of any alarm and the names and addresses of two key holders who should be well versed with operating and silencing the alarm at short notice.
You can register by downloading and completing an Alarm Registration Form on the right, details of which will be held on confidential data base or telephone 0121 704 8000 for more information.
Domestic Noise
Nuisance Investigation Procedures and Digital Recording Protocol/Procedure
Introduction
The Council has a statutory duty to investigate complaints about noise under Part III of the Environmental Protection Act 1990. However, not all noise is deemed to be a nuisance and, with some exceptions, we cannot deal with noise that occurs in the street, and in no circumstances can we deal with noise from road traffic, railways or aircraft. This document explains the procedures used to investigate noise nuisance complaints. We have a slightly different protocol for
investigating other types of nuisance which you can find on the Councils website http://www.solihull.gov.uk/index.htm
It also explains the protocol for the use of digital audio recording equipment, which may be used during the course of investigations of noise complaints and the safeguards the Council needs to employ.
As a relatively small authority, the Council does not have the staffing resources available to provide a responsive out-of-hours service to deal with nuisance complaints.
Standards
- managing customers expectation
- ensuring customer contact
- updating IT systems with all communications
- working jointly with partners
- treat everyone as an individual
- treat every complaint individually
Nuisance investigation procedure
General
Complaints may be received in a variety of ways - telephone calls, letters, e-mails, etc and will usually be handled in the first instance by the Connect Contact Centre. Details of the person making the complaint are always treated confidentially, but because of the need to contact the complainant during the course of an investigation, anonymous complaints will not usually be acted upon. Similarly, complaints via a third party will not be acted upon until the originator of the complaint has been contacted to confirm the details.
Despite our care with keeping personal information confidential, the subject of the complaint may be able to deduce who is complaining or may guess.
In order to deal with noise, we will at some point be required to make contact with the person or persons who are making the noise., whether this is informally at the onset of a case or by taking formal action if a nuisance is shown to exist. Complainants should bear this in mind, and must understand that if for whatever reason they do not want us to contact the subject of the complaint, we will not be able to do anything in practice to help them.
Actions in the complaint will be recorded and retained on the appropriate computer log. For actions by the Call Centre, this will be on CRM. For actions by Public Protection, this will be on APP.
Information Sharing
We share information on noise complaints with the police, departments in the Council, Solihull Community Housing and other authorities such as social landlords. This is in accordance with our agreements with them and other arrangements under the Data Protection Act.
Investigation of Complaints
First Stage - Initial Contact
In general when a complaint is received we will contact the complainant and the person complained about to confirm the nature of the complaint, and the Council’s procedures for responding to it.
For domestic noise complaints, the initial contact is routinely made by letters generated by the Service Development Team (SDT). Letters reference 1 reporter, 1 subject or 1a.
The letter to the subject will advise them of how we would investigate if complaints continue. In order to avoid possible conflict with the Regulation of Investigatory Powers Act, the occupier of the premises from which the noise is alleged to emanate is informed in the letter that the Council may use noise monitoring equipment to record any noise which would ordinarily be audible to the average person as part of their investigations into the complaint.
Very often, this informal approach is sufficient to resolve matters and no further action is necessary by the Council.
If after 4 weeks no further contact is received from the complainant (see below), a reminder letter is sent (letter 2). If we do not receive any response to this within 2 weeks, we assume that the problem was either temporary or has been resolved and we will take no further action.
The letters will also advise what to do if the problem was to recur at a later date.
Should a subject receive correspondence in error notification will be placed onto our IT system and a further letter sent to the complainant advising of this.
Second Stage - Assessment of Log Sheets
For all domestic noise complaints and for some other complaints, we send diary-recording sheets to the complainant and ask them to complete them over a period, which will demonstrate the nature, frequency and persistence of any nuisance, usually up to 4 weeks. This provides valuable information to the investigating officer about the type and severity of the problem, the number of incidents, time of day, impact upon the complainant and so on; these are all important pieces of ‘evidence’ which inform the investigation.
When a log sheet is returned, the case is passed from the SDT to enforcement officers who will assess the contents and use their professional judgement and experience to decide whether further investigation is warranted.
The key considerations are;
- location
- time
- duration
- frequency
- In some circumstances they may also have regard to
- convention
- importance and value to the community of an activity
- the difficulty in avoiding the external effects of an activity
- Where Officers are satisfied that further investigation is necessary, they will write to the complainant confirming the name of the investigating officer and an indication of the likely time scales for monitoring to commence; despite our investment in monitoring equipment there can be a waiting period during times of high demand on our service. (Letter 4)
Some issues which give rise to complaints are unavoidable, particularly noise between properties that are attached to each other and flats. We will therefore not be able to deal with nuisance, which is the consequence of the ordinary use of a property, even where standards of noise insulation between dwellings are poor. Examples of this might be the use of domestic equipment such as washing machines and vacuum cleaners during the day, the sound of doors closing and toilets flushing or children playing inside or outside a property.
We cannot take into account any special sensitivities of a complainant such as ill health or a night worker trying to sleep during the day.
We cannot deal with nuisance in the street unless it involves noise from machinery such as a chiller motor, generator or car alarm. We cannot deal with nuisance from traffic on the highway or noise from railways and aircraft in any circumstances.
It is also difficult for us to deal with nuisance such as noise in communal areas when we do not know who is making the noise.
On some occasions complainants return log sheets that include information on an address or addresses other than that originally complained of. The information will be noted but we would not normally act on this unless an advisory letter as referred to above has at some stage been sent to the subject. In this situation, the complainant will be advised to log a new compliant with the call centre.
There will always be occasions where, for good reasons, a complainant cannot keep a log of the noise. If this is the case, we can make arrangements for an officer to discuss the matter with the complainant to find the best way to get the information we need to decide on whether a further investigation is warranted.
Where Officers do not believe that further investigation would be of benefit, a letter will be sent to the complainant explaining the reasons why. (Letter 3)
Third Stage - Investigation
Most investigations for domestic noise will be made using digital recording equipment installed inside (or occasionally outside) the complainant’s property.
The equipment constantly records the noise level expressed in terms of decibels (dB) which can be shown on a graph. It will also be used to obtain samples of any noise that can be played back as an audio file. Usually it will be set so that the complainant triggers audio recording as and when they think that noise is at an unacceptable level for them. In some circumstances, automatic triggers or constant audio recording may be employed but this would chiefly be where the complainant has some disability of infirmity that limits their ability to activate recordings themselves.
The equipment will be used only to record noise that would ordinarily be heard in the complainant’s property. It will not be purposely used to obtain personal and/or private information on the persons who are subject of the complaint such as the content conversations. However, if those persons are talking or making other noise loud enough for the average person to hear in another property, then the equipment will pick that up.
We would not disseminate any information obtained in this way unless we have lawful authority to do so.
Officers will routinely take steps to avoid drawing attention to what they are doing so that it does not effect the chances of capturing a demonstrative sample of the noise being complained of. They will make special arrangements where necessary if the complainant has particular concerns about this.
Officers may have to return to check equipment and download data during a monitoring period. They will advise and make appropriate arrangements if this is necessary.
In most cases, we would install monitoring equipment on a maximum of three separate periods. Each period would usually between one and two weeks and include at least one weekend. In our experience, if we cannot obtain any evidence of significant noise over three monitoring periods, then it is highly unlikely that a nuisance as defined by the law will exist.
In some cases, use of monitoring equipment may be supported or replaced by visits by officers to witness noise. Any decision to investigate in this way will be made on a case by case basis and will not be carried out as a matter of course. In these circumstances, a letter will be sent to the complainant setting out how and when visits will be carried out and any limitations set on the terms of the investigation. Officers are not required to respond to requests to visit if a complainant contacts the team to say that noise is happening at the time of the call. Experience has shown that even in the relatively short time it takes to travel to an address in the Borough, the noise complained of has often finished.
Fourth Stage - Analysis of Monitoring Data
Officers will need to undertake the task of analysing the results of noise recordings after the equipment has been removed from the premises. This could take the form of simply listening to the recording and noting the recorded levels, types of noise and so on, or may involve a more detailed computer analysis. Once this has been completed, the investigating officer will report to the team leader or other manager and they will decide whether there is sufficient evidence to satisfy them that a nuisance exists or is likely to exist having regard to the criteria set out above, or whether a breach of a notice has occurred (see below).
For other types of nuisance, it may be that a decision has to be made purely on the investigating officer’s opinion and his/her recommendation to the Team Leader.
Officers will inform the complainant in writing of the results of their analysis and the reasons for their decision about whether or not further action can be taken.
If a notice is to be served (see below) the letter will set out what to do if the complainant has reason to believe that the notice is not being complied with.
(Letter 6)
Fifth Stage - Service of a Notice
If it is found to be appropriate, a statutory notice will be served.
The exact requirements of a notice will vary depending on the circumstance, but in general terms it will set out
- what the nuisance is
- a schedule of works that need to be carried out or a sufficiently detailed description of the nuisance so that the recipient could reasonably be expected to decide for themselves what they should do to comply
- a timescale for compliance
- whether the notice will be suspended on appeal
- how to appeal
A covering letter will be sent with the notice, but if any separate advice is given on compliance it will be sent under separate cover and without prejudice so that it does not form part of the notice.
Letter to reporter letter no 7.
We share information on notices served with the organisations outlined above.
Sixth Stage - Further Action
If a notice is not complied with, there are a number of enforcement options. These include
- Prosecution and/or
- Works in default and/or
- Injunction in the High Court, or
- No enforcement action.
Works in default can and does include the seizure of all noise making equipment, including televisions, radios and computers. This would usually be for an initial period of one month but with the option of seeking a permanent forfeiture if further nuisance is detected.
If we decide that prosecution is the most appropriate course of action, or the subject of the complaint decides to appeal against a notice, complainants may be asked to provide formal witness statements and may even be required to appear in court. We would consult complainants before taking this course of action and would respect their decision if they feel that they cannot contribute in this way, even if this means that the case cannot be pursued or a notice withdrawn.
The complainant will be advised of the outcome of any action in writing, and what to do if the problem still persists.
We would also give statements where requested to other agencies such as Solihull Community Housing or social landlords where they may wish to take action to seek possession of a property on the grounds that the nuisance is a breach of a tenancy agreement.
In some rare circumstances, it may be decided that further action is not justified or practical even if a nuisance is shown to continue. We must have due regard to the Council’s own and national guidance on enforcement and prosecution, and there is a principle in law it does not follow that all offences will be prosecuted. If we decide not to pursue a case we will explain our reasons in writing to the complainant.
Letters 8, 9 10 available.
Taking Your Own Action
Complainants can take their own action for nuisance under Section 82 of the Environmental Protection Act 1990 or in common law. We would advise anyone contemplating doing this to take legal advice, starting with their local Citizens Advice Bureau
Complaints About Our Service
We deal with many hundreds of complaints about nuisances each year and very occasionally, even with the best will, things can go wrong and customers may feel we may not have kept them adequately informed or that we have made a mistake. In such cases the Council has procedures for investigating formal complaints about the service.
If you wish to complain about the service that you have received you should contact Solihull MBC’s Corporate Complaints Manager, who can be contacted whose details are shown here.
Please note letters are suggestions for investigating officers only.
F A Q Noisy behaviour
Q What noise levels are acceptable?
A There are many different sources of noise, e.g. music, shouting, noise from heavy or running footsteps, moving furniture or banging doors etc and normally there are no specific noise levels that are acceptable. We look at each case individually to determine whether a Statutory Nuisance exists.
Q When does the type of noise that I am reporting become a Statutory Nuisance?
A Each case has to be considered individually. However, a question of reasonableness is always applied. Some of the factors which may be taken into account include:
i. how loud the noise is
ii. how often it happens
iii. how long it goes on for
iv. the time of day or night
v. Is the noise caused by normal living activities.
Q Are my expectations reasonable?
A If you are being disturbed by noise, first ask yourself “Have I become over-sensitive to the situation?” particularly if you don’t get on with the noise-maker(s). Are you tuning in to the noise and find it annoying even when other people wouldn’t? This situation is quite common and the noise problem, although annoying to you, may not be suitable for action by us.
We will also consider whether the noise is being generated by normal living activities. If you live in a flat or a house attached to another property you may well be able to hear the normal day to day activities of your neighbours. If these activities are not an unreasonable use of the property then it will be very difficult for us to take action.
Q My neighbours have hardwood / laminate flooring in their property. Can you help?
A We recognise the problems that impact noise on hard flooring can cause. We always recommend that this type of flooring is not fitted in flats. We can advise your neighbours on steps that they can take to minimise this noise. It is difficult for us to take further action in cases like this as this type of noise could be considered as arising from normal living activities. However, we will look at each case individually and always seek to resolve the issue where possible.
Q As well as the noise I am reporting, our neighbours behave anti-socially. What can we do?
A Public Protection Officers work in partnership with Solihull Community Housing and the police to tackle all related issues. We are able to refer ASB issues to the relevant department.
F A Q Loud Music, Televisions, etc. (Reporter)
Q What noise levels are acceptable?
A Normally there are no specific noise levels that are acceptable. We look at each case individually to determine whether a Statutory Nuisance exists.
Q When does music, noise from TVs, games consoles, computers, etc. become a Statutory Nuisance?
A Each case has to be assessed individually. However, a question of reasonableness is always applied. Some of the factors which may be taken into account are:
i. How loud the noise is
ii. How often it happens
ii. How long it goes on for
iii. The time of day or night.
Q Are my expectations reasonable?
A If you are being disturbed by noise first ask yourself “Have I become over-sensitive to the situation?” particularly if you don’t get on with the noise maker(s). Are you tuning in to the noise and find it annoying even when other people wouldn’t. This situation is quite common - the noise problem, although annoying to you, may not be suitable for action by us.
Q As well as loud music, our neighbours behave anti-socially. What can we do?
A Public Protection officers work in partnership with Solihull Community Housing and the police to tackle all related issues. We are able to refer ASB issues to the relevant department.
F A Q Noisy Dogs
Q What noise levels are acceptable?
A Normally there are no specific noise levels that are acceptable. We look at each case individually to determine whether a Statutory Nuisance exists.
Q Are my expectations reasonable?
A If you are being disturbed by noise first ask yourself “Have I become oversensitive to the situation?” particularly if you don’t get on with the noise maker(s). Are you tuning in to the noise and find it annoying even when other people wouldn’t? This situation is quite common - the noise problem, though annoying to you, may not be suitable for action by us.
Q When does the noise from a barking dog become a Statutory Nuisance?
A Constant barking or whining from a dog or dogs can irritate and disturb neighbours. However, with regard to Statutory Nuisance, each case is different and therefore is assessed individually. Some of the factors taken into account may include:
i. Duration of the barking
ii. How often it happens
iii. How loud it is
iv. The time of day or night
It may be possible to resolve the situation by talking to the owner of the dog because many owners do not realise that there is a problem as it usually only occurs when the dog has been left alone in the property.
Q The dog only barks in the daytime, can this count as a Statutory Nuisance?
A Yes, depending on the volume and length of time it barks for.
Q The dog barks all the time because it is left outside all day, I am concerned about the dog’s welfare.
A If the dog has access to shelter and water, which are its basic needs, it would not be considered a welfare issue and we could only deal with the noise side of the complaint.
Q I think that the dog is a ‘dangerous dog’, what should I do?
A If you believe that the dog is a pit bull type dog you should ring the police on
0345 113 5000. If you feel that the dog is not a pit bull type but is an aggressive dog that may cause harm, you can contact us on 0121 704 8000.
F A Q Non-specific noise
Q What noise levels are acceptable?
A There are many different sources of noise, e.g. DIY, domestic birds, household appliances etc. and normally there are no specific noise levels that are acceptable. We look at each case individually to determine whether a Statutory Nuisance exists.
Q When does the type of noise that I am reporting become a Statutory Nuisance?
A Each case has to be considered individually. However, a question of reasonableness is always applied. Some of the factors which may be taken into account include:
i. how loud the noise is
ii. how often it happens
iii. how long it goes on for
iv. the time of day or night
Q Are my expectations reasonable?
A If you are being disturbed by noise, first ask yourself “Have I become over-sensitive to the situation?” particularly if you don’t get on with the noise-maker(s). Are you tuning in to the noise and find it annoying even when other people wouldn’t? This situation is quite common and the noise problem, although annoying to you, may not be suitable for action by us.
Q As well as the noise I am reporting, our neighbours behave anti-socially. What can we do?
A Public Protection Officers work in partnership with Solihull Community Housing and the police to tackle all related issues. We are able to refer Anti-social behaviour issues to Solihull Community Housing, or you may wish to telephone them directly on 0121 717 1515.
Out of Hours advice line
Tel: 0121 704 8000
Citizens Advice Bureau
Chelmsley Wood: 0121 779 6707
Solihull: 0121 705 2211
Housing Offices regarding Council Tenants
Tel: 0121 717 1515
DIY Noise
Whether it is a large building project by a major building company or occasional DIY by a householder, noise and vibration from demolition, building, maintenance and similar works can have a significant impact on neighbours
Whilst the law recognises the value of construction to the community and we accept that some noise from these works is unavoidable, we would expect that
- noisy work is carried out at reasonable times
- noise is controlled as far as reasonably practicable in line with published guidance
- the needs of neighbours are respected
The working hours for we would normally expect professional builders and large DIY projects to keep to are shown below under construction noise. There is also information on how to apply to work longer hours where it can be justified.
A good source of general advice is at www.netregs.gov.uk/netregs/businesses/construction/62371.aspx
Professional builders should be aware of the various “considerate contractor” schemes which give guidance on minimising impact and communicating with neighbours.
Even for small jobs and DIY work, we strongly advise going round to speak to the neighbours. If you let them know what is to be done, when it is to be done, roughly how long it will last and apologise in advance for the noise, many complaints can be prevented and good relations maintained.
Noise Abatement Zones
There are several Noise Abatement Zones covering commercial areas in the Borough. Noise levels from all commercial premises in these areas are registered. This acts as a sort of noise "speed limit" and there are powers to deal with businesses that exceed the registered levels, particularly when nearby domestic properties are affected.
Please see the related article link at the bottom of this page for information relating to Noise Abatement Orders in the Borough.
Construction Work Noise
Noise from building works is dealt with differently. The law accepts that there can be a lot of noise from building sites that just cannot be helped. It therefore gives powers to limit hours of working for jobs that cause noise beyond the site boundary. The Council would usually suggest that works audible at the site boundary are carried out between the following times:
0800 to 1800 Monday to Friday
0800 to 1300 on Saturdays
with no noisy works at all on Sundays or Public/Bank Holidays.
However, there are some situations where the Council would allow some flexibility with these hours, especially when there are health and safety or good road traffic reasons for doing so. Further information on construction noise can be found on pollution control construction page
Anchor Point:5Aircraft noise
Aircraft noise is excluded from Part III of the Environmental Protection Act 1990, which means that we have no direct responsibility in relation to noise from aircraft departing or landing.
Other sources of Noise
The Council does have some powers to deal with noise in streets but they mainly limited to cover use of machinery. The Council does not have any jurisdiction on traffic, rail or aircraft noise.
Itinerant Scrap Metal dealers
We have had some recent complaints regarding the sounding of horns, bugles and recordings from scrap metal dealers in the Borough .
We have carried out a joint exercise with the Police and so far have contacted 30 traders and given advice on various issues including noise. If these traders continue to cause problems we may take further enforcement action.
If you have details of any scrap metal dealer causing a noise issue please contact us. They are not allowed to use a loudspeaker to advertise their trade or business but they can shout to draw attention.
Scrap metal dealers are difficult for us to deal with as they generally have no set routes and times. Residents can help as long as they supply us with the relevant details.
If you are willing to supply us with a signed, witness statement containing the relevant information we can then apply to DVLA for keeper details. The statement should include the vehicle registration number, description of the vehicle, where it was seen, i.e. xx road, date and time. We can supply a blank witness statement if you contact us.
The witness statement may be used if the case goes to court.
Once we receive the signed witness statement we apply to DVLA for keeper details. Due to DVLA rules we cannot trace a vehicle unless the resident can supply a witness statement. If no keeper is registered we can take no action apart from passing details to the Police.
A separate statement must be given for each vehicle.
If you are carrying out scrap metal collection you must register. Please see the advice on our licences pages for more iformation.