Noise Nuisance
We have a legal duty under the Environmental Protection Act 1990 to take reasonable and practicable steps to investigate a complaint of noise received from a person living within the Borough. We can take legal action were we are satisfied that noise amounting to a statutory nuisance exists, or is likely to occur or recur or where we can substitute that the noise is prejudicial to health.
What is a statutory nuisance?
A statutory noise nuisance is a noisy disturbance that materially, and therefore significantly, interferes with a person’s lawful rights to the enjoyment of their home. Audibility alone is not necessarily an indication of nuisance as neighbours living in close proximity are always likely to be aware of each other’s activities and it is not reasonable to expect a silent environment. Nuisance is judged from the viewpoint of the average person’s sensitivity to noise and no allowance can be made for people on shift work or those with particularly sensitive hearing. Case law also requires that the noise must arise from the unreasonable behaviour or conduct of the person responsible. The law does not specify noise levels or set time limits but requires an objective judgement to be made by us based upon factors such as:
- How often the noise occurs
- Its duration
- How loud it is
- The time of day/night
- The character of the noise (whether it has any particularly annoying characteristics)
- The nature of the area
We must also consider the reasonable likelihood of officers being able to gather the necessary evidence to witness the noise which in the case of random or short lived noise occurrences is rarely possible.
We can take action for noise disturbance from:
- Amplified music
- Barking dogs
- DIY activities
- Audible Intruder Alarms
- Vehicle alarms
- Building sites
- Noisy deliveries
- Licensed premises
- Commercial and Industrial activities
- Plant and equipment
We cannot take action for noises such as:
- General domestic noise transmitted through poor sound insulation
- Children playing inside and outside premises
- Shouting and fighting
- Traffic noise
- Aircraft noise
- Noise from rowdy or anti-social behaviour in the street/public places
Contact us
If you would like to talk to a member of the Environmental Health Service please contact us
Tel: 020 8547 5536
Email: environmental.health@rbk.kingston.gov.uk
Royal Borough of Kingston upon Thames
Environmental Health Service
High Street
Kingston upon Thames
KT1 1EU