ABSTRACT

Noise complaints have been dealt with under statutory nuisance provisions for a number of years and are still included in the statutory nuisances provisions of the Environmental Protection Act 1990 section 79. The Noise and Statutory Nuisance Act 1993 brought the definition of a new statutory nuisance from noise arising from a vehicle, machinery or equipment in streets. Some local authorities use the spirit of the legislation to work with contractors to limit noise complaints rather than serve notices, prior consents. The local authority may investigate complaints of night noise which appear to be covered by the provisions. Service of warning notices is effected either by delivering to any person present at or near the offending dwelling and appearing to be responsible for the noise or, where identification of such a person is not reasonably practicable, by leaving it at the offending dwelling.