What counts as a statutory noise nuisance?
Under the Environmental Protection Act 1990 (s.79), a statutory nuisance includes noise emitted from premises that unreasonably interferes with the use and enjoyment of property, or is prejudicial to health. The Noise Act 1996 specifically addresses excessive noise from dwellings between 11pm and 7am. Not all noise constitutes a statutory nuisance — the council must assess whether it is unreasonable in character, severity, and frequency given the locality.
What can the council do about noise nuisance?
If the council's environmental health team is satisfied that a statutory nuisance exists (or is likely to recur), they must serve an Abatement Notice on the person responsible. Breach of an Abatement Notice is a criminal offence, carrying fines of up to £5,000 for domestic premises (and unlimited for commercial premises). The council can also seize noise-making equipment. If the council fails to act, you can take action yourself through the Magistrates Court.
What evidence should I keep of noise nuisance?
Keep a noise diary recording the date, time, duration, and nature of each incident, and its impact on you. Record video or audio evidence where possible (noting the time and date). Keep records of any previous complaints to the council, the police, or the noise source. This evidence is essential both for council investigation and if you need to take the matter to court yourself.
Can I take noise nuisance action myself if the council does not act?
Yes. Under s.82 of the Environmental Protection Act 1990, you can apply directly to the Magistrates Court for a nuisance order if the council fails to act (or if it is the council itself causing the nuisance). You must give 21 days' notice to the person responsible before making the application. If successful, the court can impose a Nuisance Order and award you costs. Citizens Advice can assist with this process.