Tel.

01482 396301
www.eastriding.gov.uk/pollution

NOISE
NUISANCE
ADVICE TO HELP RESOLVE A NOISE
NUISANCE FROM A NEIGHBOUR

HOUSING AND PUBLIC PROTECTION

Noise Nuisance Advice Booklet

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INTRODUCTION
This leaflet has been produced by the Housing and Public Protection service of East Riding of
Yorkshire Council. It is intended to help you resolve a problem of noise nuisance being created by any
of your neighbours. This leaflet will tell you what you can do to seek help in dealing with the noise
nuisance and how you can take action yourself to solve the problem.
NOISE
Noise is simply defined as unwanted sound. Unwanted, that is, to the person considering it a nuisance.
It may be produced intentionally for the pleasure of one person, eg. pop music, or be the accidental
result of some work activity, e.g. a building site. The noise may arise from a domestic or commercial
activity. Whatever its source, noise is a common source of annoyance and for some people it can be
very upsetting. The most common problems are caused by barking dogs, loud music or television,
shouting, banging doors and DIY activities. Remember that no house or flat is totally soundproof everyone can expect a certain amount of noise from his or her neighbours.
If you are being disturbed by noise from neighbours, there could be three reasons: They may be behaving unreasonably, for instance, playing loud music late at night
They may be behaving normally but the sound insulation in the walls, floors or ceilings between you
may not be sufficient to cut out the normal sounds of everyday living
You may have become oversensitive to the noise, particularly if you do not get on with your
neighbours. Some people will tune-in to a particular noise and find it annoying even when most
other people would not
NOISE IN THE STREET
The provisions of the Noise and Statutory Nuisance Act 1993 have extended the councils powers to
deal with noise nuisance from vehicles, machinery and equipment in the street. Such nuisances may
arise from mis-firing vehicle alarms; musical equipment; DIY car repairs; refrigerator motors on lorries;
the warming up of H.G.V. engines.
The council may take action to abate such noise nuisances even if they arise from unattended vehicles
and equipment, although we shall make reasonable effort to locate the owner.
WHAT CAN YOU DO?
Your first step should be to approach your neighbour and explain politely that you are being troubled
by the noise. Although you may find this difficult, it is surprising how often neighbours are unaware of
the upset they are causing by their activities and will readily do what they can to reduce the noise. In the
case of noise from vehicles or equipment in the street you may know the owner in which case you
could contact him/her and let them know of the problem.
If the problem seems to be inadequate sound insulation, there are a number of DIY solutions. A leaflet
called Improving Sound Insulation in Your Home is produced by the Building Research
Establishment, Bucknalls Lane, Watford WD25 9XX, telephone (01923) 664000, www.bre.co.uk. You
could ask a builder to undertake the work using the BRE guidelines, although you may wish to seek
specialist professional help to determine what work is required and to undertake proper supervision of
the work. It is advisable to get a written quotation before the work commences.
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If your neighbours continue to cause a nuisance, you should write to them explaining what the noise is
and its effect upon you. Ask them to stop making the noise nuisance, referring to any conversations
you may have had and what, if anything, they agreed to do about it. Keep a copy of the letter. Start a
diary recording the dates and times of the noise nuisance, a description of the noise and the way it
affects you. Keep a record of any further conversations you have or letters you write.
HOUSING AND PUBLIC PROTECTION
If you complain about noise you can expect a response within 24 hours for an emergency and 5
working days for a non-urgent complaint. If you write to us you should receive a written reply within
10 working days. Complaints about commercial noise and domestic noise in private properties are dealt
with by Public Protection staff. Complaints about domestic noise in council houses are dealt with by
Council Housing staff in the first instance. Dog Wardens deal with complaints about barking dogs. If
the noise complaint indicates there may be a breach of planning or licensing conditions the appropriate
officers in those sections will also be informed.
During an investigation the complainant will be expected to co-operate with officers of the council.
The complainant may be requested to keep a diary of noise problems suffered and to provide a
statement of witness or attend court should formal action be necessary to resolve the complaint. For
this reason anonymous complaints will not be investigated.
The council will endeavour to investigate the complaint in a full and professional manner and all staff
engaged in noise control work will be appropriately trained and experienced. Any equipment used
during an investigation will be correctly calibrated and maintained. As a first stage the complainant will
usually be asked to complete a diary to provide information regarding the occurrences and effects of
the noise. This information is needed to enable the council to target its resources effectively. It will
assist in deciding at what times visits may be made to witness noise; whether or not recording
equipment should be installed to monitor noise and will also be used to prioritise cases. Failure to
provide a reasonably completed diary will therefore jeopardise the investigation of complaints.
In order to decide on the existence or absence of a statutory nuisance the investigating officer will
attempt to gather first hand evidence of the noise complained of. This may be by visiting at a time
when the noise is likely to occur or by installing recording equipment. The council is expected to take
reasonable steps to investigate a complaint. For most complaints this would be three visits or
installations of recording equipment, if by then insufficient evidence had been gathered to substantiate
a nuisance the case officer may conclude the investigation and refer the complainant to take private
action. Information on the taking of private action is available on request.
A nuisance that is actionable by the council is difficult to define precisely and is different in every case.
There cannot therefore be a set level applicable to every case. Where a relevant standard exists to
enable a noise to be measured objectively it will be used. The council will consider the following issues
when determining a case:Volume
Duration
Regularity
Time
Neighbourhood
Malice

how loud a noise is

how long it goes on for
how often has it happened
night-time noise is considered to be more intrusive
what is the background noise level in the area
was the noise caused deliberately to upset.

If it has been decided that a nuisance does exist the council is under a duty to serve an abatement
notice on the person(s) responsible. In emergencies, e.g. mis-firing alarms, this may be the first written

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communication from the council. In most cases however the person responsible will have already been
contacted and should not therefore expect further warnings. The investigating officer may at their
discretion be willing to provide advice on compliance with the notice but is not under a duty to do so.
Failure to comply with the requirements of a notice is an offence. Information on how to appeal is
always included with a notice. The council does not however have a legal duty to prosecute. The
investigating officer will gather all relevant facts and consider prosecution in conjunction with the
councils Legal Services Section. The Attorney Generals Guidelines will be considered in making the
decision.
Where appropriate the council will also consider the use of other powers. The seizure of equipment
following the obtaining of a warrant is possible and will be undertaken when other action fails to
resolve a nuisance. Works in default also be carried out to abate a nuisance, particularly in cases such as
misfiring alarms. The costs of works will be reclaimed from the person upon whom the notice was
served.
CONTACTING THE COUNCIL
If you need help from the council to deal with a noise nuisance, contact Housing and Public Protection
(see page 6 for details), and you will be put through to the office which covers your area. Alternatively,
write to Housing and Public Protection enclosing the questionnaire (see page 8). The officer assigned
to the case will then be able to investigate your complaint.
The telephone number during normal office hours is (01482) 396301, and for urgent cases outside of
normal office hours is 08457 887700.
THE POLICE
Such noise problems as rowdiness and public disorder in the street are usually the responsibility of the
Police (dial 101 for non-emergencies).
If the problem you are experiencing appears to be a Police matter, the investigating officer will advise
you to contact your local Police Station. Some noise problems may need to be dealt with by the council
and the Police working together, in which case the investigating officer will liaise with the local Police.
The councils Antisocial Behaviour Team may also get involved in certain cases. They can be contacted
by calling (01482) 396380, emailing safe.communities@eastriding.gov.uk or via the councils website.
TAKING YOUR OWN ACTION
It is possible that even after several visits to your property to hear the noise nuisance, the investigating
officer is not able to pursue the matter for you. This may be because having heard the noise and
recognising that it is upsetting you, the officer may not feel that the noise would represent a nuisance to
the average person. For example, the noise may normally be expected during the day but disturbs you
because you are a shift worker trying to sleep during the day. Alternatively, it may be that the random
and intermittent nature of the noise means that the investigating officer was not able to visit when the
noise occurred and was, therefore, unable to confirm that it constituted a nuisance.
Whatever the reason for the investigating officer being unable to take the matter further, you may take
legal action yourself. Under Section 82 of the Environmental Protection Act 1990 you are entitled to
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complain directly to the magistrates court. If the court is satisfied that a nuisance exists or has
occurred and is likely to recur, it will make an order requiring the defendant to abate the nuisance
and/or prevent its recurrence. The court may also impose a fine.
If you decide to complain to the magistrates court, you MUST give your neighbour at least three days
notice of your intention to do so, even if you have already written to him/her as mentioned above.
This notice must be in writing and give details of your complaint. Remember to date the letter and to
keep a copy of it. The notice may be hand delivered or sent by normal post - keep a record of how
and when it was delivered/sent.
The next step is to contact the Clerk to the Magistrates Court at one of the addresses given on page 6.
The Clerk will then advise you what to do.
You may wish to do all this yourself or you may engage a solicitor to do this for you. However, you
should remember that a solicitor may make a charge for his services.
If you win the court case, you may still have to keep a record of any nuisance caused by your
neighbour in case further legal action becomes necessary. Should you lose the case, you may have to
pay some of the costs incurred by your neighbour in coming to court.
Legal action, whether taken privately or through the council, should usually be used only as a last resort
as the unpleasantness it may cause will further damage your relationship with your neighbour. You
should do your best, therefore, to resolve the matter in a friendly way if possible. The investigating
officer will usually try to resolve the problem in an informal way wherever possible.
LEGISLATION
Environmental Protection Act 1990, Part III, Section 79 - 82
Statutory Nuisance (Appeals) Regulations 1995
Noise and Statutory Nuisance Act 1993

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CONTACT DETAILS
East Riding of Yorkshire Council
Housing and Public Protection
Please visit our website for further advice and guidance, or to fill out a service request form online:
www.eastriding.gov.uk/pollution/noise
Tel: 01482 396301 (during office hours)
Or: 08457 887700 (out of office hours)
Email: pollution.control@eastriding.gov.uk
Housing and Public Protection
Town Hall
Quay Road
BRIDLINGTON
YO16 4LP

Housing and Public Protection

County Hall
Cross Street
BEVERLEY
HU17 9BA

Housing and Public Protection

Council Offices
Church Street
GOOLE
DN14 5BG

Opening Hours:
Monday Thursday:

8.30am 5.00pm

Friday:

8.30am 4.30pm

Magistrates Court:
Beverley Magistrates' Court
The Court House
Champney Road
Beverley
East Riding of Yorkshire
HU17 9EJ
Tel. (01482) 861607

Bridlington Magistrates' Court

The Court House
Quay Road
Bridlington
East Riding of Yorkshire
YO16 4EJ
Tel: (01482) 861607

Citizens Advice Bureau:

Tel: 0300 3300 888
Web: http://www.citizensadvice.org.uk
Local bureaux addresses:
Hull and East Riding
Citizens Advice Bureau
100 Lairgate
BEVERLEY
East Riding of Yorkshire
HU17 8JQ

Hull and East Riding

Citizens Advice Bureau
5a Prospect Arcade
BRIDLINGTON
East Riding of Yorkshire
YO15 2AL

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Hull and East Riding

Citizens Advice Bureau
80 Pasture Road
GOOLE
East Riding of Yorkshire
DN14 6HD

Portacabin
West Garth
Mill Street
DRIFFIELD
East Riding of Yorkshire
YO25 6TN

The Surgery
4 Londesborough Road
MARKET WEIGHTON
East Riding of Yorkshire
YO43 3AY

The Youth Centre

New Street
POCKLINGTON
East Riding of Yorkshire
YO42 2QA

Town Hall
Burton Road
HORNSEA
East Riding of Yorkshire
HU18 1QX

The Common Room

Chapel Meadows
Scalby Lane
GILBERDYKE
East Riding of Yorkshire
HU15 2UN

SHORES Centre
Sea Side Road
WITHERNSEA
East Riding of Yorkshire
HU19 2DL

This leaflet was produced by East Riding of Yorkshire Council (Housing and Public Protection), and is
based upon guidance published by the national charity Environmental Protection UK (formerly the
National Society for Clean Air and Environmental Protection), available at
http://www.environmental-protection.org.uk/noise/neighbourhood-noise/nuisance/

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QUESTIONNAIRE
Please answer ALL the questions and give as much detail as you can.
Your name:

Your address:

Your Telephone No:

Name of person(s)
making the noise:

(If you do not know who is making the noise, put down the name of the person who owns or occupies the property where the noise is coming from.
If you are in any doubt, telephone the Environmental Health Officer or Technical Officer for advice)

What is making the

noise?

..

(Is it a hi-fi, or barking dog, or noisy party etc?)

When did you first

notice the noise?

..

How often does the

noise happen?

When the noise happens,

how long does it go on for?

..

If the noise is not on at the moment,

do you think it will start again?

..

Have you complained to the person

making the noise?
If so, what was his/her
response?

YES

NO

..

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