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Deafening Silence - Dealing with Noise Nuisance

A popular dispute I deal with at Painters is in relation to noise nuisance. 

There are many legislative measures that cover nuisance and noise in particular. One example is the Environmental ProtectionAct 1990 which at section 79 defines statutory nuisance in some detail and which I can summarise here as a ‘noise emitted from premises so as to be prejudicial to health or a nuisance.’ A private nuisance is defined as ‘an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it.’ 

Noise has to be assessed on the basis of reasonableness. This includes how many people are affected, whether the average person would consider the noise unreasonable, the locality of the noise and the timing of the noise being emitted. The interference by the noise must be unreasonable for civil proceedings to be brought against the noisemaker.

Anyone affected by noise should first try and seek are solution with the noise maker.  If this fails, the Local Authority can assist you. An Environmental Health officer will consider the possibility that the noise falls within the definition of a statutory nuisance and if it does, they will serve an abatement notice on the person responsible requiring the noise to be stopped, reduced or limited.  

If a statutory nuisance cannot be proven, civil proceeding scan be issued against the noise maker. The law relating to nuisance generally is varied and can be complicated so early legal help should be sought to ensure a successful outcome.

Our specialist lawyers at Painters Law can advise you on any noise nuisance matters. If you would like to speak to one of our legal advisors please contact our offices: Kidderminster 01562 822 295 or Stourport 01299 822033 or email: litigation@painterslaw.co.uk.

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March 1, 2023
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