Information on how to resolve a noise or nuisance problem, including advice for builders and the law.
Construction sitesAs of 1 April 2019 all new developments are subject to the Royal Borough’s revised Code of Construction Practice.
Earls Court RedevelopmentResidents will be aware of the redevelopment of the Earls Court site. It is unavoidable that the demolition and construction work will affect local residents. However, the Council wishes to ensure that the impact from the development is minimised as much as possible.
If you are disturbed by noise, vibration, dust, or light associated with the site please contact our service on 020 7361 3002 and quote reference 165767. Officers can then investigate your complaint.
You can also contact the site directly on 0330 333 1510 where your questions can be answered and any urgent issues can be immediately escalated to their on site team.
BuskingThere is a new joint working partnership between the Council and the Police, to abate antisocial behaviour from buskers. Council officers will be using Community Protection Notices (CPN) to enforce against buskers that cause anti-social behaviour (ASB).
Resolve a problem with noise or nuisanceThere are steps you can take to stop disturbance from noise and nuisance. The Council can take action if you need us to.
Common noise complaintsFind out about common sources of noise disturbance and how they can be dealt with.
The lawResidents 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'.
How to avoid causing a nuisanceSteps you can take to prevent common sources of disturbance from causing a nuisance.
Please note that failure to provide your personal data may lead to you being unable to access our services.
Why are we collecting your personal data?
The Royal Borough of Kensington and Chelsea will use any data collected through;
- Enquiries and complaints made to the Noise and Nuisance Team.
- The issuing of fixed penalty notices and other legal notices for the enforcement of environmental contraventions and other associated investigation/enforcement purposes.
We rely upon the following laws to process your personal data:
- The Environmental Protection Act 1990
- The Control of Pollution Act 1974
- The Housing Act 2004
- The Public Health Act 1936
- The Prevention of Damage by Pests Act 1949
- The Public Health Act 1961
- The G.L.C. (General Powers) Act 1973
- The Health and Safety at Work Act 1974 (sections 20 (2) (a) to (g) and (i) to (m)
- The Local Government (Miscellaneous Provisions) Act 1982
- The Building Act 1990
- The Food Safety Act 1990 (section 32 (1))
- The London Local Authorities Act 1991
- The Clean Air Act 1993
- The Noise and Statutory Nuisance Act 1993
- The Noise Act 1996
- The Criminal Justice and Immigration Act 2008
- The Clean Neighbourhoods and Environment Act 2005
- The Licensing Act 2003
- The Gambling Act 2005
- The Health Act 2006 and the Regulations made under this Act
Who will we share your personal data with?
The data you provide may be disclosed to other enforcement agencies for enforcing environmental contraventions or to agents of the Council during the course of debt collection. It may also be disclosed to other departments within the Council or external parties for related enforcement purposes or as required by law.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any future legal, accounting, or reporting requirements.
We must continue to retain necessary information in accordance with our corporate records policy to fulfil legal, statutory and regulatory requirements.
Rights of access, correction, erasure, and restriction
You have the right to ask for your information and there will not be a charge for you to do so. This is known as a subject access request and we act in accordance with this policy. You can:
- ask for your information to be corrected if it is inaccurate or incomplete.
- ask for your information to be deleted or removed where there is no need for us to continue processing it (right to be forgotten).
- ask us to restrict the use of your information.
- ask us to copy or transfer your information from one IT system to another in a safe and secure way without impacting the quality of the information.
- object to how your information is used.
- challenge any decisions made without human intervention (automated decision making).
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is in our view unreasonable or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Right to withdraw consent at any time
Where the legal reason for processing your personal information is based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of our processing prior to the withdrawal of your consent.
If you do not provide consent, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.
If you wish to withdraw consent you should contact:
email@example.com (we will process your request within 14 days)
In addition to the above you have legal rights in relation to your personal information.
You have a right to be informed about how and why your personal information is being processed. This notice fulfils that obligation.
Full details are contained within the Council’s Fair Processing Notice which should be read before consenting to this notice.
To ask for access to your information you should contact:
Data Protection Officer
If you wish to raise a concern or discuss any aspect of this notice please contact our Data Protection Officer.
If you are unhappy with the way that we handle your concern you may complain to the Information Commissioners Office (ICO).
The Information Commissioners Office deals with concerns and complaints relating to data protection (GDPR) and freedom of information legislation.
Changes to this privacy notice
We may update or revise this privacy notice from time to time and will provide supplementary privacy information as is necessary.