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.

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