Common noise complaints
Air conditioning units
Air Conditioning is becoming increasingly popular in a variety
of types of premises. It is commonly integral in the design of
modern offices, retail outlets and leisure facilities. But it is
not just the commercial sector which uses this type of temperature
control. Despite the fact that air conditioning is arguably
unnecessary for most of the year it is becoming increasing popular
in residential premises as well.
As air conditioning units appear on the outside of more and more
buildings there is increasing concern about their visual impact and
the noise which they generate. While many of the new units may be
regarded as having a negligible impact on noise levels, the
collective effect is that they contribute towards an upward ‘creep’
of background environmental noise levels.
If a single unit develops a defect it can potentially cause a
very significant amount of disturbance and misery to a large number
of people.
Aircraft noise
At present there are voluntary night time flight restrictions
between 23:30 at night and 6:00 in the morning which is the
critical period for sleep. Together with this time restriction
there is also a complicated quota system which attempts to restrict
the number of flights of the noisiest aircraft.
The Council also lobby Central Government for greater control of
operations at Heathrow and together with other London Boroughs the
Council has provided financial assistance to enable a group of
residents to pursue a case in the European Court for increased
restrictions.
As with aircraft noise the Royal Borough has no direct powers to
control helicopters or the operations of the Heliport in Battersea,
these are also regulated by the CAA. For further information visit
the CAA website.
Council officers are working closely with the Heliport
operators, informally, to mitigate as far as possible the noise
impact of the operations. This will include regular liaison
meetings with the Heliport Operators and resident’s groups.
Domestic neighbour noise
Roughly 70 per cent of all noise complaints made to
Environmental Health Departments relate to noise emanating from
domestic dwellings. Most households have domestic appliances such
as hi-fi equipment, DIY tools, washing machines and such like that
can create unwanted noise especially if used at unsociable hours or
at high volume.
Many domestic neighbour noise problems are made worse by poor
sound insulation in some converted properties this often means that
relatively innocuous behaviour by one party can have a profound
effect on another. The current fashion for wooden floors has made
this situation worse.
Domestic neighbour noise controls
Residents have a legal right to be protected against statutory
noise nuisance. A statutory nuisance is 'an unlawful interference
with a person’s use or enjoyment of land or some right over, or in
connection with it'.
The Council is has powers under the Environmental Protection Act
1990 to deal with noise from premises and to help protect residents
from noise nuisance.
If the Council is satisfied that a statutory nuisance exists it
will serve an abatement notice on the person causing the noise or
the owner or occupier of the premises. If the notice is breached
the person in receipt of the notice can be prosecuted. If the
notice continues to be breached even though the person has been
prosecuted or that a prosecution is pending, the Council may apply
to the court for a warrant to seize the offending equipment.
If you have been unsuccessful or feel unable to deal with the
matter yourself you should call the Noise and Nuisance Service and
we will assist you in dealing with the matter. Although informal
action such as writing a warning letter or speaking with the person
who is allegedly responsible for the nuisance may resolve the
matter, in order to take the formal action outlined above we must
witness the problem from within your premises.
Hours of work
The Council will normally expect contractors to adhere to the
following hours of working:
Monday to Friday 8:00 am to 6:30 pm
Saturday 8:00 am to 1:00 pm
Sundays and Bank Holidays: No working
These hours apply to any work causing noise audible at the site
boundary.
It is appreciated that on rare occasions, work outside these
hours may be unavoidable. For example, police restrictions may mean
that certain deliveries can only take place on a Sunday when
traffic is light. Except in cases of extreme emergency, the Council
would expect to be notified well in advance of such necessary
deviations from the normal pattern of work, and strongly advises
contractors to notify surrounding residents.
Intruder alarms
Intruder alarms have become a common feature of many domestic
and commercial properties. Alarms, particularly older models, are
prone to malfunction and cause an annoyance to neighbours and
sometimes to a considerable area.
The Council’s Noise and Nuisance Team have powers to deal with
alarms which are causing a nuisance. If you are being disturbed by
a faulty alarm you should contact the councils Environmental Health
department to report the occurrence.
Once notified, an officer will examine the ways by which the
alarm can be silenced and if necessary, an officer may apply to a
magistrate to gain a warrant of entry in order to manually silence
the alarm. The Council will charge the person or people responsible
for the alarm for all charges incurred.
Please remember: Officers may face some difficulty obtaining a
warrant outside office hours.
Noisy children
From time to time complaints are made to the Noise and Nuisance
Service about noisy children. Complaints have ranged from noise in
school playgrounds at playtime to late night activity in flats. The
Council’s view is that children are a normal part of our society
and that a degree of tolerance and understanding needs to be
exercised.
There are occasions when the Council has has become involved.
For example, where a childminder is running a business in an
inappropriate location or where children are regularly kept up late
at night by their parents/guardians and create nuisance. These have
been occasions where there has been unreasonable behaviour on the
part of the adult(s) responsible.
Noise from parties
A question that is often asked is ‘What time am I allowed to
play music?’. Essentially under the Environmental Protection Act no
hours are stipulated that are considered night time, although your
tenancy agreement or lease may state hours after which no music is
to be played. However in the evening when the background noise
level is often lower and people are more likely to be trying to
sleep they are more likely to be disturbed by noise and the problem
is more likely to be reported to us.
When the Noise and Nuisance Service visit noisy parties the
response to the suggestion that the party is too loud and/or too
late is that it is a one off birthday, anniversary or other special
occasion.
While we would have some sympathy with that view the fact is
that in a typical Kensington and Chelsea flat 20 - 30 others may be
physically connected to the source of the noise and that if every
flat had just one party each year there would be a disturbance
every other week. Generally residents are concerned about the well
being of their neighbours and agree to turn the music down if we
inform them that complaints have been received.
Vehicle alarms
The Noise and Nuisance Team have powers to deal with problem
alarms.
If you are being disturbed by a faulty car alarm you should
contact the Environmental Health Department quoting: the vehicles
registration number and or the vehicles resident’s parking permit
number
From these details an officer will be able to trace the owner of
the vehicle and notify them of the problem.
If the owner can not be traced then the officer may use his or
her legal powers to arrange for an alarm engineer to deactivate the
alarm. If the car is parked on private land then it will be
necessary to gain a warrant of entry.
Please note: officers may face some difficulty
obtaining a warrant outside office hours.