Excessive noise can be very disruptive. Noise complaints are investigated by our officers, who can take action if the noise is considered to be a statutory nuisance.
When is noise nuisance a statutory nuisance?
A noise constitutes a statutory nuisance if it is prejudicial to health and/or is causing an unreasonable, excessive and persistent disturbance to your normal life. There are many factors impacting our assessment of noise to determine if a statutory nuisance is present and these can include, volume, frequency of incidents, time of day, duration
There must be enough evidence for us to progress and this may include attendance at court as a witness in order to show the detrimental impact it is having.
What should I do?
If you are affected by noise pollution you should first try to resolve the problem direct with the person making the noise. It may simply be that they are unaware of the problem.
If this approach fails, and you feel it is a statutory nuisance, please contact us on 020 8207 7435 (daytime) or 0345 300 0021 (out of hours). You will be asked to complete a diary of the incidents of noise affecting you. An officer will then review this and determine if further investigation is needed. You will be asked to provide the address of the source of the noise along with your address. Please note, we cannot accept anonymous noise complaints.
What will you be able to do?
We assess noise nuisance from the viewpoint of an “average person”. We will investigate where appropriate and will need to prove the noise is a statutory nuisance. This can include visits to your home by officers to assess the noise and we also use sound recording equipment where appropriate.
Unfortunately, we are not always able to help in all situations of noise. We cannot take action in relation to normal living sounds. These can often include footsteps, children playing, vacuuming, doors opening and closing or conversations at a normal volume.
We also may not be able to assist where there are properties with poor insulation between them, where there are medical conditions affecting noise sensitivities or where there are lifestyle choices such as night shift workers. Wherever appropriate we will take action by serving abatement notices or prosecuting. We also have powers to seize noise equipment such as speakers in order to stop the noise where appropriate.
Aircraft noise
We have no powers in relation to aircraft noise, however, Hertsmere do have representation on the Elstree Aerodrome Consultative Committee. They have published
- Guidelines for Minimising Disturbance to the Community pdf file[1.55MB]
Further information on concerns about civil aircraft other than those coming to and from Elstree Aerodrome can be obtained from the Civil Aviation Authority (CAA)
Commercial noise
If noise is coming from commercial premises which holds an Alcohol and Entertainment Licence then we may not need to prove a statutory nuisance. This is because such licences are issued with conditions in order to ensure that disturbance caused to the public is kept to a minimum. Action can be taken against premises that operates outside its licensing conditions.
Other commercial noise will be dealt with in the same process as domestic complaints.
Construction sites
We monitor construction sites and activities to minimise any pollution caused by noise, dust and other nuisances.
The law allows us to serve a notice on construction sites to restrict the hours and days of the week during which noisy work can take place. In most cases this notice will restrict the hours for any work audible beyond the site boundary to between 8am and 6pm Monday to Friday, 8am to 1pm on Saturday and not at all on Sundays, Bank or Public Holidays.
Neighbourhood noise
Excessive noise from neighbours can be frustrating and cause a lot of unnecessary stress and worry. In many cases, the person making the noise is unaware they are causing a problem. In the first instance you should approach them yourself to try to resolve the situation.
If this approach fails we can take action including serve a notice on the offending person which, if not complied with, can lead to legal action.