Tools for Delivery and Success

Section 79 of the Environmental Protection Act 1990 places a duty on local authorities to take reasonable steps to investigate complaints about noise from premises.

The Environmental Protection Act 1990 does not specify a maximum decibel level that cannot be exceeded. Instead, the assessment of noise nuisance under this Act is based on the concept of ‘reasonableness’ taking into account, among other considerations, the character of the locality, the frequency of the occurrence and the number of those affected.

Section 80 provides powers to issue a statutory nuisance abatement notice with powers to prosecute and/or carry out works in default.

The Noise and Statutory Nuisance Act 1993 amends the Environmental Protection Act 1990 to require local authorities to investigate complaints of noise from equipment, vehicles or machinery in the street.

The Noise Act 1996 has the power to take action against night-time noise and issue fines of up to £1,000 upon summary conviction of those found breaching a permitted level between 11pm and 7am.

The Licensing Act 2003 gives local authorities new powers to tackle noise from licensed premises through the provisions of Sections 40 and 41 of the Anti-social Behaviour Act 2003. If noise from any licensed premises is causing a public nuisance the local authority has the power to close the premises for 24 hours. More information on the Licensing Act 2003 and the Anti-social Behaviour Act 2003 can be found at www.opsi.gov.uk.

Construction Noise - noise from construction sites can be controlled under section 60 of the Control of Pollution Act 1974. A section 60 notice enables a local authority to set limits on the times of day that works can be carried out, the type of machinery that can be used, and the noise levels of such machinery. If a local authority decides not to regulate a construction site with a section 60 notice, the duty to inspect the area for noise under the Environmental Protection Act 1990 applies, and it will also have the duty to investigate complaints of noise.

Fireworks -the police are also responsible for enforcing regulations under the Fireworks Act 2003. The use of fireworks between 11pm and 7am can result in a fine of up to £5,000 or six months' imprisonment. The curfew begins at 1am on New Year’s Eve, Chinese New Year and Diwali night, and at midnight on 5th November. It is also illegal for retailers to sell fireworks that produce a noise exceeding 120 decibels.

Noise from vehicles -local authorities can deal with noise nuisance from statutory vehicles and equipment in the street under section 79 of the Environmental Protection Act 1990, as amended by the Noise and Statutory Nuisance Act 1993. The police are responsible for dealing with nuisance vehicles on the move, and section 59 of the Police Reform Act 2002 gives the police power to seize such vehicles.

Loudspeaker bans

The Control of Pollution Act 1974 bans the use in the street of a loudspeaker that gives reasonable cause for annoyance.

The World Health Organisation’s Regional Office for Europe is currently developing guidelines for night-time noise and has further details at www.euro.who.int

The Chartered Institute of Environmental Health has information about noise and its effects on health which can be downloaded at www.cieh.org