Noise and nuisance is frequent especially in closely-knit
neighbourhoods in the United Kingdom. There is a law the protects residents who
are disturbed by great noise emitting from a neighbour, a nearby construction
area or a nearby outdoor party or festivity. Here’s an introduction to your
right against noise pollution and nuisance.
1.
Legal Definition of Noise
UK’s environmental laws define noise as unwanted sound that
is loud or repetitive. Regardless of pitch, low or high frequency noise at
consistent decibel levels can injure the ear. It is also considered a major
source of stress. Noise becomes a nuisance when it becomes “unlawful” for the
complainant. The unlawfulness is subjective to the complainant, but authorities
will also consider the level of noise, the length, and the time of day the
noise emits in the neighbourhood.
2.
Action
Local authorities usually serve abatement notices if the
noise or nuisance reaches a statutory level. This means the noise is
prejudicial to the health of a complainant or a resident of the area. For
example, a loud rock concert near a home for the aged could result into a
statutory abatement notice.
Police could deal with a complaint if the noise amounts to
breach the peace in a neighbourhood or if the noise emitter has threatened the
neighbourhood with violent or
anti-social behaviour.
3.
Best Practical Means
However, some noise and nuisances can come from construction
areas and projects nearby. A defence available to most contractors is the “best
practical means”. This means that the contractor has used every known
reasonable means to reduce or control the effect of the noise. Authorities
recognize that construction and industrial equipment or activity could emit
great noise and these may affect neighbourhoods, but, having clearance to
operate, contractors must fulfill their obligation to try and reduce the noise
as much as possible and observe proper times for activity.
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