Noise Myth:

If I decide to take legal action under Section 82 of the Environmental Protection Act or Licensing Act 2003, then I will have to pay the defendants legal costs if I lose.

 

Fact:

Not necessarily so! Both types of proceedings are prosecutions initiated by civil action in the public interest either for statutory or public nuisance; one of the licensing objectives. For answers to this and other questions Book a Noisedirect consultation

 

Find out more about what we do and our work on Twitter:

 

 

 

All advice provided relates solely to professional matters in accordance with the statutory defined role of Environmental Health Practitioners, for the assessment of conditions that can give rise to nuisance or impact adversely on public health. Any such advice should not be construed as legal representation or advocacy on behalf of any party.

 

 

 

 



Case Studies

At Noisedirect we believe strongly in Noise Justice.

Noise justice is a key part of social justice; a belief that everyone deserves to live peacefully and quietly in a safe secure home.

These case studies provide a snapshot of some of the ways in which Noisedirect has been able to assist individuals with noise problems, empowering them to achieve Noise Justice. For reasons of Data Protection and Client confidentiality, all personal and identifiable details have been omitted. Details of the type of issues that Noisedirect routinely receives enquiries for and current cases are regularly posted on our Twitter page.

 

Where's the Noise Justice in having to listen to this for up to 14 hours a day?

Play here

East of England

A newly married couple who previously rented a London flat were purchasing their first home. The experience in the London flat had left them concerned about possible Category 1 Hazards from day to day noise. Noisedirect was able to conduct acoustic monitoring and subjective assessment to provide the couple with information on the aural environment of their new home. The background levels in bedrooms and other habitable rooms were found to be as quiet as a library.

London

A problem of noise nuisance from amplified music had escalated into a case of harassment. We were able to advise the noise sufferers of their legal rights under the Environmental Protection Act 1990 and write to the occupants of the neighbouring flat asking them to modify their behaviour. Another letter from the Client confirming his intention to start injunction proceedings resulted in the noisy neighbours vacating.

London

A Vendor was about to lose the sale of his property due to a previous noise problem with hard flooring, which had been installed in breach of lease conditions. With less than 48 hours before the deadline for exchange of contracts Noisedirect was able to provide evidence that there would ne no unreasonable detriment to amenity and that no statutory noise nuisance had been identified at the property. The sale was able to proceed.

Midlands

A builder had been renovating his home for 9 years with weekly noise from power tools including drilling, sawing late at night, at weekends, Bank Holidays and once even on Christmas Day. The builder refused to accept that the noise was unreasonable. Neighbouring residents would be woken from sleep as early as 6am. The Council refused to take any action or visit to assess the noise and considered it DIY. Noisedirect was able to provide clear straight forward advice about the Client's right not to be subjected to noise nuisance and also how to take their own action under Section 82 of the Environmental Protection Act 1990.

North East

A Social Housing tenant had endured 18 months of interrupted sleep due to the occupants of a neighbouring flat installing badly fitted laminate/ wooden flooring throughout the property. The neighbour worked during the night and would often come home and start to vacuum and tidy up at 2am. The Social Landlord initially failed to acknowledge the concerns of the noise sufferer or take any steps to investigate the problem. Noisedirect was able to liaise with the Social Landlord on behalf of our Client. Eventually the laminate flooring was removed and the Social Landlord adopted a zero tolerance policy for wood and laminate flooring in all its multi occupied dwellings.

North West

An elderly couple were subjected to noise from a furniture workshop in a converted barn. They had erroneously been informed by their Council that the noise was, 'not loud enough' for it be a nuisance. During a 30 minute consultation, Noisedirect was able to explain rights and remedies under the Environmental Protection Act 1990.

Scotland

A city centre Bar installed a number of refrigeration units on the roof of its premises without planning permission. Noisedirect was able to advise our Client, living in the flat next to the units of the duty for the Council to take enforcement action for breach of planning regulations and statutory nuisance. The Bar owner submitted a retrospective planning application, which was refused. The Client started proceeding for statutory nuisance in the Sheriffs Court under Section 82 of the Environmental Protection Act 1990. The Bar removed the units and even apologised.

South East

Noisedirect was approached by an insurer to assist with a protracted case of noise nuisance from a town centre grocers shop. Noisedirect was able to provide swift practical advice on remedies and evidence to instigate proceedings under Section 82 of the Environmental Protection Act 1990. The owner of the grocer shop agreed to provide an undertaking and pay the Clients full legal costs.

Yorkshire & Humber

A Council owned leisure centre erected a skate park in close proximity to the home of several residents without carrying out a proper consultation or assessing the likely impact of the noise from the skate park. Noisedirect was able to advise residents about the duty for the Council to protect the aural amenity of residential dwellings and assist residents with a formal complaint of maladministration to the the Local Government Ombudsman. The Council accepted that the skate park development had impacted on the value of our Clients home and agreed a reduction in the Council tax band for the property.

Wales

Noisedirect received a call about daily noise from 6am piano practice, which could often lasted 4-5 hours every day. All informal attempts to reason were rebuffed by the neighbour. During a 30 minute telephone consultation Noisedirect was able to advise the sufferers of the legal obligation for the Council to visit and assess the noise nuisance and also how they could consider taking their own action.

West Midlands

A Landlord installed laminate flooring in a property to attract potential tenants. The flooring was poorly installed resulted in damage to water pipes and significant noise disturbance even before it was let. The affected neighbour tried approaching the Managing Agent, seeking tenants on behalf of the Landlord. The Agent and Landlord refused to acknowledge the problem. Our Client used Noisedirect's Section 82 Advice Pack to serve the Managing Agent with a 'notice of intention' to commence legal proceedings under the Environmental Protection Act 1990. The Landlord removed the laminate which had been installed in breach of lease conditions and replaced the flooring with carpet.

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