Noise Annoys
1 lurker |
8 watchers
May 2023
9:44am, 13 May 2023
22,921 posts
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Red Squirrel
We have a log too now and luckily my housemate is a musician, so often comes home late and checks the noise level, as I no longer can as I moves into my lounge in order to sleep! That comes with a different set of problems - lots of street noise, cars idling with lights on. We discovered they’re eating kebabs from the new take-away as we can see right into their cars from above. At least though, there’s not a constant vibrating buzz.
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May 2023
9:53am, 13 May 2023
2,036 posts
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Homeless Kodo
Sorry to read of your problems RS, I’m afraid I’ve nothing to add about getting the noise reduced but; I’ve had issues for years sleeping because of noise sensitivity. I now sleep with ear plugs in, they’ve made an enormous difference to me. Could ear plugs help ameliorate the situation until you can get the noise reduced? I’ve got some of these, they’re not cheap & take a while to arrive though. loopearplugs.com |
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May 2023
10:20am, 13 May 2023
22,922 posts
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Red Squirrel
Thanks Kodo. Tried plugs while in the back bedroom but the vibration still came through and this is also through double-glazing. I’m in the back garden now with housemate and several appliances are chugging away like good ‘uns. It’s Saturday morning at 10:22. While I realise it’s daytime, no-one wants to feel like they’re living by a factory! We laugh about it sometimes, it’s such a pisstake. Chugg-drone-whine all the bleedin’ day and night. We are both working on all your useful info, links and shared experiences. Thank you so much. |
May 2023
10:31am, 13 May 2023
78,894 posts
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Diogenes
The council environmental health department are usually pretty good at managing these issues and have strong powers to enforce any action they deem necessary. When we had nuisance neighbours they were the only people that were of any help at all. |
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Jun 2023
10:47pm, 3 Jun 2023
22,944 posts
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Red Squirrel
We’ve got the council coming round next Thurs to investigate.
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Aug 2023
6:10pm, 16 Aug 2023
23,002 posts
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Red Squirrel
Forgot to update. So council came round on 8 June. Gave local take-away 4 weeks to rectify noisy fan. The business was on it already and had booked an electrician in. Apparently the fan was old, even though the business was new! Council gave them 4 weeks to sort out. It’s kinda sorted, but is noisy intermittently. Loud whooshing and buzzing fans still going all day generally though and I don’t think the noise in the back garden is acceptable, even though it’s daytime. We can’t sit out in the back garden day or night - it’s pretty unpleasant. It also transpires that the fans never go off. During the night and early in the morning, they’re still going. It may be that people are cooking through the night illegally. I’ve reported all the above (again) today, as I feel like it could set a precedent for other businesses to set up. There is one trying at the end of the road and they had some kind of opening party on a Sunday night until 01:30! Not sure if it’s legal though as I can’t find them on line. I suggested that a trader’s association might be useful. The businesses could liaise with each other and also their residential neighbours. We don’t hear a peep from a couple of takeaways, one of which is v close to us. If they can manage to operate thoughtfully, why can’t these new ones? |
Aug 2023
7:09pm, 16 Aug 2023
1,088 posts
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Weath
Just seen this thread. I am an EHO with (just about) 2 decades of environmental pollution experience i.e. nuisance enforcement (+air quality responsibilities). Just a few quick points. 'Nuisance' legislation is mainly subjective and will *mainly* be enforced through the either the Environmental Protection Act 1990 or the Anti-social Behaviour, Crime and Policing Act 2014 (there are other pieces of legislation that can/may be used depending on circumstances i.e. Control of Pollution Act 1975 - usually to control noise on construction sites - and the Noise Act 1996 - which covers noise at night, typically used in conjunction licensed premises). Problems that lead to nuisance conditions with fans are usually due to a tonal element being noticed in the sound (worn bearings, misaligned blades etc.). Otherwise, if the business has been granted planning permission and the fans are working correctly and integral to the operation of the business with the noise being merely from normal operation, then 'best practicable means' can be argued by the business. Saying that the noise can still be investigated as a nuisance to establish the degree of impact and unreasonableness, Generally, any assessment of 'unreasonableness' (to legally quantify a 'nuisance' over an 'irritation') basically comes down to: for how LONG are the individual incidents occurring? how OFTEN the incidents are occurring? are they happening at sensitive hours? and HOW they are affecting you? (inaudibility is NOT a requirement under the law). i.e. noise disturbing sleep is considered much more severely than daytime noise that can only be heard when you are in your garden (realistically people do not spend much of their overall living time in a garden throughout the year and they can easily move inside their house to avoid the impact of a noise) "It may be that people are cooking through the night illegally" Cooking through the night is not illegal. It may however be in contravention to any planning permission granted. You will need to check this with your Council's Building Control department. "they had some kind of opening party on a Sunday night until 01:30! Not sure if it’s legal though" On paper, perfectly legal (potentially!) There are no restrictions on hours of the day for 'parties' to be held unless it is in contravention of the conditions of a licensed premise (including events covered by a Temporary Event Notice) although IRL this would still likely warrant further investigations to prove an on-going set of circumstances over a one-off event. |
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Aug 2023
7:13pm, 16 Aug 2023
1,089 posts
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Weath
You will need to check this with your Council's Building Control department. Long day dealing with nuisance neighbours .... 😉 Should have typed Planning Enforcement not BC ! |
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Aug 2023
7:27pm, 16 Aug 2023
23,003 posts
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Red Squirrel
I appreciate you taking the time to pass on that info Weath. I’ll speak to my housemate later this week about how we tackle the noise. I would have thought we could have the fans off at night in order to sleep. Two bedrooms face onto their fans. Really disappointing if not. I’ve already been forced to move from the back bedroom, despite the fact I kept the double glazing shut. I now sleep in a double bed in my lounge diner. So are you saying that it’s OK for a business to have a party on a Sunday night until 1.30AM in a residential area just before the start of a working week? It was v loud with reverberating speakers. Impossible to find anywhere to sleep in the house. I’m shocked if that is the case. |
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Aug 2023
8:11pm, 16 Aug 2023
1,090 posts
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Weath
how we tackle the noise. Firstly make contact with your local Env Health dept. My post was meant to give some general high-level UK-wide comments. EH departments tend to work in slightly different ways and also will seek to use the available legislation slightly differently depending upon local (Council) culture, and specific local considerations such as how residential/commercial areas may integrate. I would have thought we could have the fans off at night in order to sleep. Totally depends on the specific circumstances. If the business in question has applied (and been granted) planning permission to operate (with the fans) 24/7 then that is legally what they can do. However 24/7 close to a residential area I would suggest is unlikely and I would have defiantly expected a Noise Impact Assessment to have been conducted and scrutinised by EH as part of the planning process prior to approval. Even if granted 24/7 use they are still subject to preventing a nuisance to neighbours, however this will be harder to legally establish (due to the PP having been granted) and being able to claim BPM. Hence why things like tonal elements in the fan noise, or background dBA +10dBA (for night time noise) are crucial to establish, as a properly configured/serviced fan should not exhibit them and is a way that EH *could* prove nuisance. So are you saying that it’s OK for a business to have a party on a Sunday night until 1.30AM in a residential area just before the start of a working week? </q> Not saying it is "OK" but there's nothing really to enforce from a single party in X-years (no matter how late). The event has happened and parties are not illegal. Should the same business start having multiple similar events say 3, 4, 5, times a year then we're into a different ball park. You have to look at it from a legal point of view in terms of what the law prohibits (it doesn't ban parties per se - licensing conditions being a separate issue) and whether it is in the public interest to spend EH time investigating/enforcing a one-off event with the costs involved of potentially ending up in court (should a Notice is appealed) and facing the defence that the Council acted disproportionally against someone having a one-off 18th birthday (for example). We aren't known as the 'fun police' for nothing you know. I have cut-and-dried case of someone playing daily music for 1-2 hours during the day that can be heard inside a property across the street. I served a Notice on the source in February - I only received a date for the first Court hearing for an Injunction application this week for the first week in September. Nothing will be done at the first hearing. Residents are still being subjected daily to the music. These things take ages and are very very frustrating. |
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