a guide to improving your local environment - Keep Britain Tidy

www.encams.org
They also have a right to apply to the local government
Ombudsman who can investigate how a local authority
has dealt with the case. The Ombudsman is independent
of both local and central government. The decision
whether or not to investigate a complaint is entirely at the
Ombudsman’s discretion.
Through s.82 EPA 1990 it is possible to take civil action
for noise nuisance at common law by seeking an
injunction to restrain the defendant from continuing to
create the nuisance. Further details of the procedures
involved are available from the clerk to the local
Magistrates’ Court; complainants are advised to contact a
solicitor first.
It is important to remember, however, that taking legal
action may be expensive. If the case is dismissed the
person who brought the case will normally incur their
own costs and may incur the costs of the other party.
In a civil action, the defence of best practicable means is
not available.
NEIGHBOUR
NOISE
What action has ENCAMS taken on
neighbour noise
In June/July 2003 ENCAMS ran a pilot campaign to
encourage noise sufferers in Stoke-on-Trent and Leeds to
call a 24-hour hotline to complain about their noisy
neighbours. The campaign was targeted at a segment of
noise sufferers - Resigned Victims - who are unlikely to
complain to their council because they feel isolated in
their suffering. In addition the campaign indirectly
targeted the noise perpetrator - by raising the profile of
the issue.
During the campaign period Stoke-on-Trent City Council
received 166 noise complaints via the hotline and another
147 complaints were made direct to the council. This total
of 313 calls represents a considerable increase from the
105 complaints that were received during the same time
period of the previous year. Leeds City Council received a
total of 601 noise complaints during the month of July,
representing a 33% increase.
ENCAMS also produces a leaflet on how to deal with
neighbour noise, available from www.encams.org
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