Pollution Control - noise

Complaints about excessive noise are investigated by officers who can take action if the noise is considered to be a statutory nuisance.

Report Noise Pollution

If you feel there is noise pollution occuring in your area that constitutes statutory nuisance as outlined below, you can contact Hertsmere Borough Council on 020 8207 2277, by emailing customer.services@hertsmere.gov.uk , or by completing the online form. Out of hours please contact 08453000021.

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.

There are a number of different sources of noise pollution and therefore the service is categorised into the following: -

• neighbourhood noise (e.g loud music)
• commercial noise (e.g noisy machinery, pubs and clubs)
• aircraft noise, and
• barking dogs

Neighbourhood noise

Excessive noise from neighbours can be frustrating and can cause a lot of unnecessary stress and worry. In many cases, the person making the noise is unaware that they are causing a problem and therefore the problem can be sorted out quite quickly.

Where this approach fails we can serve a notice on the offending party requiring them to abate the nuisance. If such a notice is not complied with then legal action can follow.

Commercial noise

Noise from commercial premises is often dealt with in the same way as that from a domestic premises. However, in some cases we may not need to prove a statutory nuisance where the premises holds an Alcohol and Entertainment Licence. These licences are issued in order to ensure that the disturbance caused to the general public is kept to a minimum. Action can be taken against a premises that operates outside of its licensing conditions.

Construction sites are a very common source of noise pollution. They are often in areas which were quiet beforehand and therefore the noise generated from their activities are very noticeable. Construction noise is an anticipated part of a development and therefore a restriction on working hours is often prescribed as part of the planning permission but can also be controlled by notice served by the Environmental Protecion Unit.

Aircraft 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.

.hmi