Noise nuisance

Our policy on dealing with noise disturbance

Principles

We consider that our residents can reasonably expect:

  • to enjoy a night's sleep undisturbed by noise;
  • to enjoy peace at home without having to hear someone else's excessive noise on a regular basis (e.g.. music, barking dogs, alarms, and DIY activities);
  • to be protected from significant loss of amenity due to excessive noise and vibration;
  • to have qualified professional staff available where necessary, to assess nuisance; and
  • to have out-of-hours visits when necessary, to assess any such nuisance.

Making a complaint

You can make a complaint to us about noise and other nuisances

  • in person at the Council Offices
  • by telephone on the numbers at the top of the page
  • in writing to: The Head of Environmental Health & Equalities, East Devon District Council, Council Offices, Knowle, Sidmouth, EX10 8HL
  • via a third party such as a Councillor.

Anonymous complaints will not normally be investigated.

We have an out-of-hours service available 24 hours a day at weekends and Bank Holidays and between 6.00 p.m. and 8.00 a.m. Monday to Friday. For out of hours complaints please telephone 01395 516854.

Information you must tell us to deal with your complaint

  • your name, address and telephone number;
  • the type of disturbance and how often it occurs;
  • the name, address and telephone number of the person causing the disturbance if  you know this;
  • whether you have complained about the problem before;
  • whether you have approached the person(s) causing the disturbance

Some problems are best resolved without involving the Council!

Confidentiality

Your details will always remain strictly confidential. We try to be discreet during the investigation, however, it is often the case that the person will know or guess who has complained.

Action can you expect from us

If the complaint is made in office hours, we will normally write to you and the person allegedly causing the nuisance within three working days. An officer will visit the location three times to assess the complaint with further visits where necessary. In some cases we may want to install equipment to record the disturbance.

Where we are satisfied that a statutory nuisance exists we will serve a notice on the person causing the disturbance. This will tell them what must be done to stop the nuisance or prevent it happening again. If the nuisance does happen again we have the power to seize noise-making equipment and/or prosecute the person responsible. Finally, where we cannot assist any further, we will write explaining the reasons for this and advise complainants what action they can take privately.

Action Involving Council Tenants

If a Council tenant is causing a nuisance or disturbance, we will usually take action under the terms of their Tenancy Agreement. This could lead to court action and, ultimately, repossession of the home, as well as any of the other actions detailed above.

Out-of-hours service

When telephoning the out-of-hours service, you will need to give us the same information.
An officer will then attempt to contact the people said to be causing the disturbance and try to resolve the problem informally. Where necessary, officers will visit the location to assess the seriousness of the problem.

How complaints are assessed

We have trained officers, who use their professional experience and knowledge of the law to assess complaints. For us to be able to take formal action, we may need to witness the problem a number of times. Some complaints are not always resolved immediately.

Domestic complaints

If a domestic nuisance exists, we will make a decision on whether it is due to unreasonable behaviour or poor sound insulation in the homes affected.  When we serve an official notice, which requires those responsible to undertake works or certain steps to resolve the problem, we must give a reasonable time period for them to comply with it.  However, in the case of barking dogs or loud music, for example, the notice is enforced with immediate effect.

Commercial complaints

Where a commercial business has been accused of causing a nuisance, we will have to consider whether the business has a defence that they have used the "best practicable means" to prevent the nuisance.

Witnesses

Where there has been a breach of a notice, the person responsible for the nuisance may be prosecuted. Witnesses are needed for a prosecution to take place and the complainant will be asked to appear in court. While we would not force anyone to appear as a witness, it may be difficult or impossible to win a case without evidence from witnesses.

Right of appeal

Persons deemed responsible for a nuisance and served with an official notice, have the right of appeal to the Magistrates Court. The original complainants may be asked to give evidence in court if this happens.

Departures from Council policy

If we cannot follow this procedure or the targets laid down in this policy, complainants will be told and given the reasons why.

There is a National Clean Air Society website with more information available that you may find useful, please click here.