Noise is sound, which intrudes, disturbs or annoys. It can take many forms, e.g. industrial machinery, loud music, barking dogs.

If I am bothered by noise, what can I do?
There are several alternatives you can take:
- approach the offender, contact the mediation service, inform the District Council, instigate your own legal proceedings through the magistrates court, take Civil Action.
-The Council can take action in some cases and not in others. Generally speaking, we deal with a noise which has a public element, e.g. noise from factories, music from places of entertainment, construction site noise, chimes for ice-cream vans etc. We may also be able to assist with noisy neighbours and barking dogs.

What can I do about a noisy neighbour?
If you are bothered by noise from a neighbouring property, it is often best to approach them yourself and discuss the problem informally. Your neighbour may not be aware he/she is causing a disturbance and in many cases they will be pleased to co-operate in the interest of good neighbourly relations.

Contact the Mediation Service
What is Mediation?
It's a simple and free way of sorting out disagreements between neighbours.

How does Mediation work?
Mediation helps both neighbours to see each other's point of view. It can even help them get together to talk about their problems and solve them.

Who are the Mediators?
Mediators are volunteers who have been trained to help people sort out their disputes and work towards a solution they are all happy with. They are ordinary local people who understand neighbours' problems. Mediators never take sides, never tell people what to do and always keep what they are told confidential.

But how can Mediation work for you?
If you and your neighbour are in dispute, you can contact the Mediation Service. They will arrange for two mediators to visit you to find out about the problem. If you are willing, they will contact your neighbour, visit them, and find out about the problem from their point of view. Sometimes the problem sorts itself out at this stage. If not, they will suggest that you and your neighbour get together with the mediators to discuss it. This takes place somewhere neutral, near your home.

What if you don't want to meet your neighbour?
Although you are encouraged to do so, it is often possible to sort out disputes by visiting both parties separately (called "shuttle mediation").

What happens if you do agree to meet?
Mediation sessions are run by two mediators. They make sure everyone has the chance to have their say without being interrupted. If people get upset or angry, then it is the mediators' job to ensure things don't get out of control. The mediators will help neighbours to look for a solution to the problem. They won't blame anyone and they won't find fault. Mediators concentrate on trying to improve what happens in the future. Very often both parties end up coming to an agreement which they both accept, and sometimes they like to write this down and sign it.

Does Mediation work?
Surprisingly often - and even when neighbours still cannot agree, one or both parties usually feel better after they've been able to talk to mediators about their problem.

What is SEAMS?
SEAMS is a local registered charity which provides mediation in St Edmundsbury, Braintree and the surrounding areas. SEAMS is independent of the Council and the Police but is approved of and used by them.

How to contact SEAMS?
You can telephone them on 01376 331511 or 01284 762310

If this approach fails you can contact this Council who may be able to help.

What will the Council do to help?
An officer will carry out an initial investigation and discuss the possible options with you. If the Council are unable to assist with your particular problem you will be told at this stage and advice will be given. If the Council are able to help, the officer will take steps to establish that the noise amounts to a nuisance. You may be asked to keep a written diary as part of the investigation. Problems may arise because the officers normally have to be present to hear the noise for themselves at the time it is created. Officers will visit properties out of normal office hours if the noise situation warrants this form of action.

There is no fixed level of noise, which constitutes a statutory nuisance, individual circumstances differ and each case needs to be judged on its merits. In deciding whether or not a noise is sufficient to amount to a statutory nuisance, the officer has to consider the likely reaction of an average, reasonable person to the noise, taking into account not only its loudness, but also such factors as when, how often and for how long the noise occurs.

The officer may decide that a statutory nuisance has occurred and will usually contact the person responsible for the noise in an attempt to resolve the matter. If this fails the Council may serve a notice on the person causing the noise requiring the abatement of the nuisance. If the recipient fails to comply with the notice proceedings may be taken in the Magistrates Court. If the council is unable to establish that you are suffering a nuisance after an investigation, you may be advised to take your own civil action in the courts.

How can I take action myself through the courts?
If you can, discuss the problem with the person creating the noise. This is often very effective, particularly if you are willing to negotiate a compromise. Failing this: - Keep a detailed written record of dates and times of the noise disturbances. Try to make an assessment of the loudness. This is often difficult but can sometimes be described by reference to another sound or activity e.g. interfering with normal speech or the sound from a television set, awakening or preventing sleep. Any records you keep should be simple and clear and should be written as soon as possible after an incident, while your memory is fresh; you may have to present them on oath in Court. If possible get an independent witness to confirm your records. Write to the person responsible for the noise. Inform them that you feel he or she is creating noise amounting to a nuisance and that unless he or she abates it, you will have no alternative but to take action in the Courts. Make sure the letter is dated and keep a copy. It will help your case later. The law does not require you to take this step but persons who act in a reasonable and efficient manner usually impress Courts. If verbal or written approaches do not succeed you may wish to proceed with a complaint to Magistrates or a Civil Action.

Complaint to Magistrates You will need to write again to the person responsible for the noise giving them three days notice of your intention to bring proceedings before a magistrates Court. You should clearly specify the matter you are complaining about and, as before, you should keep a copy of the letter. The next step is to contact the Magistrates Courts Office at Harlow. Tell them you wish to lay a complaint under Section 82 of the Environmental Protection Act 1990. They will probably make an appointment for you to go and see them. Let them know that the Environmental Services Department of Braintree District Council has been consulted, if appropriate. The justice's clerk will inform you of the date and time of the court hearing. Your neighbour or whoever you are complaining about will also be informed and will probably come to court to defend themselves, or perhaps make counter accusations. Although it is not essential, you can if you wish engage a solicitor to act for you, and they will advise you on court procedures. If you take your own case there are things you should know about court procedure. The Justices Clerks Office will provide this information. Civil Action

Civil Action at common law may be taken in the County Court or High Court if you can demonstrate that the noise nuisance substantially affects your health, comfort or convenience. It can prove very expensive and it is wise to seek legal advice. If you win the case you may obtain a court order to stop the nuisance and be awarded damages.

If you require advice or further information, you can contact us:

By Phone: 01376 551414 ext 2223

By Fax: 01376 557767

By Email - csc@braintree.gov.uk