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a guide to improving your local environment - Keep Britain Tidy

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Control of Pollution Act 1974, ss.63 – 67<br />

Local authorities have powers <strong>to</strong> designate Noise<br />

Abatement Zones. Every <strong>local</strong> authority, that has<br />

designated a Noise Abatement Zone, must measure the<br />

level of noise emanating from premises within the zone of<br />

the class <strong>to</strong> which a Noise Abatement Order relates. A<br />

record of all measurements taken must be kept in a<br />

register, open for public inspection. The <strong>local</strong> authority<br />

may set a maximum level for noise in certain areas.<br />

www.encams.org<br />

What are the neighbour noise penalties<br />

Local authorities can issue Fixed Penalty Notices of £100<br />

(or any amount the <strong>local</strong> authority specifies within the<br />

range set out by the Secretary of State’s regulations) <strong>to</strong><br />

people who do not comply with a warning notice issued in<br />

respect of night noise from a dwelling or £500 (fixed) if<br />

the noise comes from a licensed premises as of Oc<strong>to</strong>ber<br />

2006.<br />

Abatement Notices may also be served on people<br />

responsible for noise. If a person on whom an Abatement<br />

Notice has been served fails, without reasonable cause,<br />

<strong>to</strong> comply, they will have committed an offence. For<br />

offences relating <strong>to</strong> domestic premises and private<br />

vehicles, the Magistrates’ Court may impose a maximum<br />

fine of £5,000 with a further fine of up <strong>to</strong> £500 for each<br />

day the offence continues after conviction. When the<br />

nuisance arises on industrial, trade or business<br />

premises, the maximum fine is £20,000.<br />

NEIGHBOUR<br />

NOISE<br />

What can individuals do about<br />

neighbour noise<br />

If individuals are concerned about noise or other<br />

nuisance coming from a neighbour’s home or <strong>local</strong><br />

business often the best way <strong>to</strong> deal with the situation is <strong>to</strong><br />

contact the person or company responsible and explain<br />

the problem. It may be that the problem can be resolved<br />

amicably without need for further action. If, however, this<br />

approach fails the complaint should be reported <strong>to</strong> the<br />

<strong>local</strong> authority.<br />

If individuals are not happy with the response they<br />

receive from the <strong>local</strong> authority they can make a formal<br />

complaint <strong>to</strong> the relevant department or <strong>to</strong> the<br />

chief executive.<br />

65

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