Taking your own action

Environmental Protection Act 1990, Section 82

Introduction

If you have been disturbed by noise and have been unable to resolve the problem, either informally or through the Noise and Nuisance Team, then you may want to take further action.

What do you have to do ?

Firstly, you should make sure that you know without doubt where the noise is coming from. It is not always obvious especially if you live in flats or converted dwellings.

You need to tell the person concerned that they are causing you distress as they may be unaware of this.  Attached is a suggested letter that you can use for this purpose. 

Fill in the necessary details and take a photocopy (or fill out a further letter) and keep this for yourself as a copy.

Hopefully once you have given this letter to your neighbour, it may on its own result in the problem being resolved.  You may find that your neighbour has not known that their actions have been disturbing you and you may be able to come to some arrangement with them which suits you both.

What if the situation remains the same or deteriorates?

If, after you have sent the letter, the noise which is disturbing you continues to persist, you will need to consider approaching the Courts for an order to abate the nuisance.

The magistrates will need to be satisfied that your complaint is justified. To help prove your case you should note each time the noise problem occurs in a diary sheet. It is essential that it is completed at the time the event occurs and kept in a safe place for use later.

Completing the Diary Sheet

You will note that on the sheet there are a number of headings.  It is important that you include the date and the time that the noise started and finished.  The two times are perhaps sometimes difficult to judge as the noise may not be a nuisance initially or may cease to be a disturbance, although it can still be heard. 

You should therefore consider carefully what you are recording and the manner in which it disturbs you. 

The judgement you make must be reasonable in terms of both your occupancy of your part of the dwelling and that of your neighbour. You cannot expect absolute silence or no disturbance at all from your neighbours.  Therefore, you should carefully assess how the noise is intruding into your use of your premises. 

Additionally, you will have to make a judgement as to how serious the nature of the noise is and this may be difficult to do if it is of an intermittent or varying nature or the action creating the nuisance appears to be a one off event (such as Birthday party or anniversary).

In completing the diary, you should attempt to describe what you think is making the noise for example, loud television, machinery operating, noisy domestic activities etc., and try to make an assessment as to how loud the noise is - does it intrude over your enjoyment of your own television set ? - is the volume level so loud that you can hear it in different rooms ?

You will see that there is also a further column for comments and you may need to complete this to describe more fully the events.  You should complete your name and address and you should establish, as far as possible, the address and the location from which the noise arises, although you should take care in doing this in order to avoid any confrontational situation .

After a reasonable period of time, say 3 / 4 weeks, if no improvement has been made you should consider taking your evidence to the magistrates.

Complaining to the Courts

The procedure is straight forward and you should not feel daunted if you have no experience of Court procedures.

You are required under Sections 82 (6) and (7) of the Environmental Protection Act 1990 to give at least 3 days written notice of your intention to bring proceedings against any person and a suitable letter is enclosed for this purpose.

Contact the Chief Clerk at the West London Magistrates' Court, 181 Talgarth Road, London SW6 8DN, telephone number  020 8700 9350 / 9360, and inform the Court official of your address and that you wish to start an action under Section 82 of the Environmental Protection Act 1990. 

Explain that you have kept a diary of events and that you have previously written to the person causing the nuisance informally and that as there has been no change you have now informed them (at least three days previously) of your intention to bring proceedings.

Confirm that you have copies of these letters available to show the court. You will then be advised where you are to attend and at what time - you should ensure that you can be available but be aware that there will be other cases being heard and that your own case may be delayed or set back. In any event it may be better to assume that the process will take, with waiting time, at least half a day.

Giving Evidence in the Court

On the day of the initial hearing you will be interviewed, having taken the oath (or having affirmed), by one or more Magistrates. The Magistrate's Court is friendly and informal. The Clerk will advise the Justices on points of law during your submission and will also help clarify points in your evidence.

The Court will listen to your explanation of the events and will, assuming they felt that there is a case to answer, issue a "Summons" against the person who you are complaining about. This will outline the details of your complaint and specify a date and time when the case will be heard. Again you should ensure that you are available and be aware that there will be other cases being heard and that your own case may be delayed or set back.

At the main hearing you will give your evidence first and the Magistrate will be particularly interested in seeing the diary of events that you have kept and would also hear evidence, on your behalf, from your friends or relatives who can support your claim.

The person whom you have summonsed will be able to cross question both you and any witnesses that you bring. They will also be able to submit evidence to try to disprove your case or prove that there are mitigating circumstances which should be taken into account.

Likewise you will be able cross question them and any witnesses that they bring.

The Magistrates will, on the evidence and the arguments presented, decide whether or not a nuisance exists.  If they decide in your favour, an order prohibiting the nuisance and its recurrence at any other time will be made.

If the nuisance order is contravened then you will have to consider informing the court. A further summons will be issued which will require the person on whom the order was made to appear before the Court and your evidence of the contravention of the conditions of the order will be heard in a similar manner to your original application.

If it is proved that the notice has been contravened then the magistrates can impose a fine.

Using a Solicitor

It is not necessary to employ a solicitor to represent you at either the initial application or any subsequent hearing providing that you feel confident that you will be able to explain the situation to the Magistrate yourself. 

The Court will ensure that your best interests are represented when you present your evidence and you should not feel daunted if a solicitor is employed by the other side. 

You are able to have a friend or colleague act as your advisor on the day of the hearing and they can take notes on your behalf but they cannot address the court.

If the person that you have summonsed convinces the Magistrates that there is no case to answer you may be liable, at the discretion of the Court, to pay their costs and you should bear this in mind when deciding what action you are going to take.

Further Advice

You may seek advice from a The Citizens Advice Bureau or from a Neighbourhood Law Centre whose address and telephone number are available at your local library.