Lewes District Council

Noise Nuisance

Noise is defined as unwanted sound and it can come from a number of sources, such as: loud music, barking dogs, machinery, construction and DIY activity, shouting, banging doors, alarms and transport.

Noise Nuisance & Pollution

office hours 01273 484354 out of hours only 01273 484340

Southover House,
Southover Road,
East Sussex,
Lewes,
BN7 1AB

As the local authority, we have a number of powers to deal with noise. The main legislation is that relating to statutory nuisance in Part III of the Environmental Protection Act 1990.

Noisy Neighbours

Noise from neighbours can be, annoying, irritating and very disturbing. The majority of noise problems can be resolved by talking amicably to the person responsible. In the majority of cases they may not be aware that their activities are causing disturbance. Usually this action can help to resolve the matter, without the need for us to become involved.

However, if talking to your neighbours does not help to resolve the issue, then we may be able to help. To be a nuisance, noise has to be unreasonable to an average person. When considering whether it is unreasonable, we take account of:

The type of noise
How loud it is
How often it occurs
The time of day it occurs

Something that occurs very rarely and is of short duration is unlikely to be a nuisance. It is unrealistic to expect absolute peace and quiet where we live but similarly no-one has the right to make as much noise as they please.

In some cases, we may decide not to take further action. This may depend on the number of complaints received or lack of substantial evidence of nuisance. In such cases, you may wish to take you own private action. Some noise problems are part of a wider Anti-Social Behaviour issue.

Interference with Radio and Television reception is dealt with by the Office of Communications (Ofcom).

Barking Dogs

Barking comes naturally to dogs, but the constant barking or whining of a dog can be disturbing or annoying for the neighbours. Often the problem occurs when the dog’s owner is out of the house and therefore they are often not aware of it until someone complains.

Like neighbourhood noise problems, disturbance from a barking dog can usually be resolved by talking to the person responsible, as they may not be aware of the situation. However, if talking to your neighbours does not help to resolve the issue, then Environmental Health may be able to help.

A barking dog can be a nuisance and the owner can be taken to court if they do nothing to stop the nuisance. However, in the first instance, our wardens may be able to resolve a problem by offering helpful advice.

Our Animal Wardens collect stray dogs, promoting responsible dog ownership, enforce byelaws relating to dogs, including fouling, dealing with dangerous dogs and with nuisances. To deal with noise and nuisance incidents they require details the owner's address and times when the animal(s) are barking. If required, a letter will be sent to the owner.

They may also send you a log sheet to list the times the animal is barking. It may be that the dog is only barking whilst the owner is out. In this instance we may be able to resolve the matter with the owner by offering helpful advice or referral to a pet behaviourist.
People are allowed to keep animals as long as they do not cause a nuisance or a health hazard to other people and premises around them. Legislation exists to prevent this from happening.

Such things as noise, smells or waste caused by keeping animals could be a problem and if reported, will be investigated.

Burglar Alarms

Burglar alarms on business premises or domestic premises can be a useful deterrent. Occasionally they can be a serious noise nuisance due to false alarms or faulty setting. In order to avoid the chance of burglar alarms giving rise to noise nuisance, householders/managers should ensure that the alarm has a cut-out device, and keyholders can be readily contacted and can attend within 20 minutes.

Sussex Police no longer keep keyholder details themselves, but have joined up with the keyholder scheme Peace for a Pound. If an alarm continues to sound we may have no option but to take formal action. This action can include silencing of the alarm at the owner’s expense.

How To Avoid Noise Nuisance from a Burglar Alarm

Letting your neighbours know how to contact a key holder in your absence
Sign up to Peace for a Pound
Installing the alarm fully in accordance with manufacturer’s instructions
Ensuring that key holders know how to enter the property to silence the alarm
Have the alarm serviced regularly
Any alarm fitted complies with British Standards.
The alarm’s cut-out device allows the alarm to sound for no more than twenty minutes, and that it re-activates no more than three times

Vehicle Alarms

Vehicle alarms persistently sounding may become a statutory noise nuisance. We will attempt to contact the registered keeper but should we be unsuccessful we may have no option but to take formal action. This action can include silencing of the alarm at the owner’s expense.

You can help prevent this occurring by the vehicle’s windows are closed when the alarm is activated. Ensure the alarm is installed in accordance with the manufacturer's instructions. Alarms need regular servicing and their sensitivity settings may need adjusting. The cut out device limits the time it sounds and number of times it re-triggers.

How To Avoid Noise Nuisance from a Vehicle Alarm

Install the alarm fully in accordance with manufacturer’s instructions
Servicing the alarm regularly
Adjust the sensitivity appropriately
Ensuring that the sunroof and windows are closed when the alarm is activated
Ensuring that, where possible, the alarm’s cut-out device limits the time that the alarm sounds and prevents it from repeatedly re-triggering
Ensuring the DVLA has up to date registered keeper information that may enable the person responsible for the vehicle to be contacted before formal action is considered necessary.

Noise from Construction/Demolition Sites

Construction sites can cause significant levels of noise. Construction works include the demolition, maintenance, repair, erection, construction of buildings or roads and any work of engineering construction. Much of this noise is unavoidable and noise control methods are a balancing act between the needs of the developer to carry out the works and the rights of neighbours to the reasonable enjoyment of their properties.

The law governing noise from construction sites strives to achieve this balance. We aim to minimise and control the impact of noise from such works on residents and not to stop the construction.

There are no set hours during which construction/demolition work can take place. However, it is normally expected that noisy activities will not be undertaken at night-time nor on Sundays or Bank Holidays. There may be restrictions on the hours of construction work imposed by the planning permission and you may want to check this with a planning enforcement officer.

Noise levels should be minimised as far as possible and plant should be fitted with silencing devices where practicable. In some cases, developers/contractors may seek "prior approval" under the Control of Pollution Act 1974, for noise emissions. Conditions such as: hours of operation, plant and equipment used, methods of work and noise limits, may then be placed on the demolition/construction activity.

Construction sites can also give rise to complaints due to emissions of dust and smoke. Control can be exercised through nuisance provisions of the Environmental Protection Act 1990. Typically dust may be generated by use of cutting/grinding equipment or by vehicle movements in dry weather. Smoke can arise from the burning of green waste during site clearance.

Contractors should obtain a copy of British Standard 5228, a Code of Practice containing information and procedures for noise control on construction and open sites. We often receive complaints from people about this disturbance. It is in everyone’s interests to try to foresee any problems and plan ways to avoid them.

Give neighbours who may be affected by particular operations at least 48 hours notice of work taking place.
Keep working hours between 8am and 6.30pm weekdays and 8am to 1pm on Saturdays. There should be no Sunday or Bank Holiday working as far as possible.
Use the quietest and most suitable plant and equipment. Keep it properly maintained and observe safe working practices.

Make sure all sub-contractors are told to carry out their work in compliance with agreed guidelines on noise and dust and other matters.

For long-term and complex projects, liaise with the local community through structured meetings with residents. Take care to avoid damage to neighbour’s property.
Avoid the need to park on the street by providing on-site parking wherever possible. Keep the public footpaths and highways in a clean and tidy state.
Bonfires should not be lit. Penalties are severe and the exemptions are very restricted.

Licensed Premises

We receive a significant number of complaints about noise from licensed premises. Most of these relate to music and people outside but noise from deliveries and waste/recycling collections, together with equipment such as air conditioning units or fans can also cause problems. Officers investigate these complaints and liaise with the licensees to control the noise. Where necessary enforcement action can be taken to resolve the problem.

If you are bothered by noise from licensed premises we can investigate the complaint on your behalf. We act as ’Responsible Authority’ under the terms of the Licensing Act 2003 with a view to preventing public nuisance from licensed premises. Applications for new Premises Licences are made to the Licensing Officer with copies also sent to the Public Health Team.

Officers consider the Premises Licence applications and make representations regarding any measures considered necessary to prevent public nuisance, including noise nuisance, from the operation of the premises.

Seagulls

Lewes District Council does not provide a service to deal with seagulls. Proofing property so birds cannot roost or nest is probably the most effective means of control as culling will only solve the problem short term, as any suitable site be repopulated. Plastic spikes and netting fixed to suitable sites should deter gulls roosting and nesting. Regular maintenance is necessary as gulls will take advantage of any faults.

All birds, eggs and their nests are protected under the Wildlife and Countryside Act 1981. Under this Act birds cannot be taken, killed or their nests or eggs removed except under licence. The 1981 Act does not allow action against birds for the prevention of damage to property or nuisance problems such as noise or smell.

The Department for Environment, Food and Rural Affairs (DEFRA) issue a number of general licences which allow authorised persons to take or kill using certain specified methods.

Clay pigeon shooting

Clay pigeon shooting is enjoyed by a number of participants and can provide income and employment in rural areas, but it is an inherently noisy sport that may annoy non-participants. Clay pigeon shooting can result in noise disturbance for neighbours.

The main control measures should include:

informing affected people in advance of the shooting activity
carrying out the shoot at reasonable times, in order not to disturb local residents
controlling the number of shooting stands and people shooting
using noise buffer zones and noise barriers to mitigate the noise

If you are disturbed by noise from clay pigeon shooting, please contact the shoot organiser in the first instance. If this does not resolve the problem, contact us.

Bird Scarers

Bird scarers are devices used by farmers to deter birds from their early crops. However, if used inconsiderately the noise from bird scarers can be very annoying and can be considered a Statutory Nuisance. The National Farmers Union (NFU) has issued guidance on the use of bird scarers. This guidance includes:

Not using the scarer on Sundays
Only using the scarer between sunrise (or 6am if the sun rises earlier) and sunset
Not firing the machine more than 4 times an hour.
Positioning the device for effectiveness and methods of screening.

If a complaint is received about noise from a bird scarer, we will try to identify the land upon which it is situated and trace the owner. The time taken in dealing with the complaint will be reduced if these details are known when the problem is reported. If the farmer is complying with the recommendations of the NFU Code of Practice it is unlikely that formal action will be possible.

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