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Noise and Other Statutory Nuisances


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The Environmental Protection Act 1990 requires us to take reasonable steps to investigate and, if appropriate, take formal action in the event of justified complaints of statutory nuisance.
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There are a range of matters which can be dealt with as statutory nuisances and which can be investigated to determine if they are prejudicial to health, or interfere with a person's use and enjoyment of their property.

Most commonly these will include:

Noise for example:

  • Noisy neighbours (e.g. loud music, loud televisions, alarms, building or DIY work at unreasonable times of the day)
  • Noise from commercial or industrial premises (e.g. entertainment, alarms, air conditioning, building or demolition work)
  • Noise from car alarms
  • Barking dogs

Other types of nuisances

  • The poor condition of a premises, which is affecting a neighbouring property
  • Smoke e.g. from bonfires, fumes, gases, dust and odours emitted from a premises
  • Animals kept in such a manner to cause a nuisance
  • Artificial Light
  • Accumulations of refuse or excrement


Sound Advice on Noise from the Welsh Government

Please note we cannot deal with the following noises:

Aircraft noise (civil or military), every day domestic noises such as flushing toilets, children crying or people talking on the street.

Resolve the issue yourself

If you experience problems with a statutory nuisance, where possible, you should try to discuss the matter informally with the person causing the problem. Usually it can be resolved quickly without the need for any further action. 

Making a complaint to the Council

When a complaint arises, we will discuss the details with the complainant and also contact the alleged perpetrator to explain the allegations in order to assist in resolving the issue quickly.  

If the complaint cannot be resolved informally, you will be required to assist the Authority in gathering evidence and record details of the nuisance

In response to advances in technology Regulatory and Housing Services now has the facility to operate a Noise App once a complaint has first been formally registered with this department. It can be utilised within both Smart or Android phones and iPhones.

There are a number of ways to gather evidence:


The Noise App


This is the most effective and efficient method, so is the preferred option.

By using the easy to use app, you can create an electronic noise diary, making audio recordings of the disturbance and provide further details. This can then be easily shared with Officer’s in the Environmental Protection Team, to assist them in their investigations. Using the app will provide an additional way for you to report your complaint of noise and allow you to gauge whether the disturbance is something that the council can deal with. Evidence is essential in the investigation process in order to establish a statutory nuisance.

If you have an existing noise complaint, access the Noise App here

Nuisance log sheets

If you cannot use the Noise App, or are experiencing another type of nuisance this is an alternative method to detail each incident and allow you to say how the nuisance affects you and your family.

Witness statement

In the event of the Council taking a prosecution in light of your evidence, then you will be expected to provide a statement. Without this we may not be able to take the matter further.

Important Information

Your evidence needs to be true to the best of your knowledge and belief.
Failure to do this could lead you to be liable to prosecution.

Human Rights
When gathering evidence it is important not to infringe human rights legislation. When completing your nuisance record sheet entries do not include personal information.

Loss of evidence
The Council cannot be responsible for the loss of any evidence submitted, please remember to keep a copy.

The evidence recorded by whatever method helps Council Officers to fully understand your complaint and enables them to judge whether it is likely to constitute a statutory nuisance. It also helps Council Officers to identify any patterns of when the nuisance is likely to occur in case they need to visit.  Finally, the evidence may form part of any case should the matter progress to Court, either through Council action or by taking your own legal action.  Without sufficient evidence, your case will not progress.

Anonymous Complaints

Anonymous complaints will not normally be investigated due to the difficulty in investigating such complaints.

Any details you give will be held in the strictest of confidence and will not be disclosed to anyone during investigations into your complaint. If, however, a notice needs to be served or the case goes to court, your identity maybe disclosed and you may be required to appear as a witness for the Council.

 

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