While going round the ward carrying out our survey we have discovered that a lot of peeople are being troubled by noise in various forms we have therefore tackled the council and have got the following response. Their details are Environment & Pollution Team telephone (01202) 451296 or e-mail pollution@bournemouth.gov.uk
Noise from neighbours can cause annoyance, lack of sleep, stress, and generally affect quality of life. If you are experiencing problems with noise there are a number of options open to you.
- Under no circumstances should you retaliate. This will only serve to increase tension between you and your neighbours. It will also complicate matters and may even jeopardise any court action even if you have a justified complaint. Another possibility is that counter complaints may be made about you.
- Often the best way forward is to discuss the problem with your neighbour. An investigation by the Council can lead to a serious breakdown in neighbour relations and may not always successfully stop the noise. Advice about discussing the matter with your neighbour.
- Should talking with you neighbour not resolve the problem, or you feel unable to approach your neighbour, you could write to them. Click here for an example of a suitable letter .
- If neither your personal approach nor your letter resolves the problem, mediation may be a useful option to consider. It is a voluntary process in which trained mediators help you and your neighbour work together to reach a mutually acceptable solution. If you wish to use this service Mediation Dorset can be contacted on telephone number 01305 257717.
- If you are unable to reach an amicable solution or you feel unable to approach the person responsible for the noise, the Council may be able to help. If a Statutory Noise Nuisance is proved they will serve an abatement notice under section 80 of the Environmental Protection Act 1990.
To assist us, you will be asked to keep a written record of the noise. It is very important that you complete the noise record sheets and fill them in accurately and fully. The following information is required:-
1. A description of the noise and how it affects you in your home or garden
2. The dates the noise disturbs you
3. The times the noise starts and then stops.
To begin this procedure, you should contact the Public Protection Department. You will then be sent a noise pack, which contains the appropriate noise record sheets. You can also view and print the record sheets by clicking here.
The pack requires the completion of the noise record sheets over a period of 3 weeks. If the noise nuisance still exists after that period, the noise record forms should be returned to this office for analysis. If it appears from the records that a statutory nuisance is likely an investigation will be commenced. An Environmental Health Officer may then visit your home to assess the problem first hand or they may be able in install noise monitoring equipment.
If a statutory noise nuisance is proved an abatement notice will be served. This is enforced through the Magistrates Court. If the notice is not complied with and the problem continues, a fine of up to £5000 can be imposed. Further fines can be made for subsequent offences. In cases where the requirements of an abatement notice are not complied with, an application may be made to the Magistrates Court for a warrant to enter premises. In this instance, equipment and associated items may be seized and held pending the outcome of any prosecution.
If the Officer feels the noise does not constitute a statutory nuisance you will be told as soon a possible and the Public Protection Department will take no further action. You may feel you are still suffering from noise problems in which case you have every right to take private action through the Magistrates Court.
- Some types of noise only occur very occasionally or at night. If it is not possible for an officer to substantiate the existence of the nuisance by witnessing it first hand or via independent and impartial means, it will not be possible to take any formal action on behalf of the complainant. Should this occur you can take independent action by complaining direct to the Magistrates Court under Section 82 of the Environmental Protection Act 1990. You do not have to employ a solicitor, but it is advisable to obtain some legal advice.