Close General Election 2019

Find out more about the upcoming General Election to be held on 12 December 2019

Advertisement

Noise problems

We have a duty to investigate complaints of alleged noise nuisance and take action where appropriate in accordance with noise enforcement policy.

Noise becomes a nuisance when it is loud, persistent, frequent or repetitive and if it affects a person’s lifestyle or prevents sleep.

What to do if you are disturbed by noise?

  1. You should in the first instance tactfully approach the person or business causing the noise and explain the situation. Most complaints can be resolved informally. If you don't want to speak to your neighbour, why not consider writing a letter?
     
  2. If you and the person who is creating the nuisance both live in properties owned by a housing association, please contact them and follow their noise complaints process.
     
  3. If you've tried the above but the noise issue has not improved, you can report it to us or by contacting us to make a complaint. You will need to provide us with: your name and address, details of the noise, when and how long the noise occurs, how the noise affects you and anything done to try and deal with the problem.

Report it

Please keep a record of the nuisance by downloading a diary sheet  as this will help us to investigate at a later stage if the issue is not resolved. Alternatively you can download the Noise app on your smart phone via your app store to keep track. Please contact us to make us aware if you use this app as we can only accept recordings if you advise us first. 

Types of noise problems

Dogs, by nature, make noise. Before contacting the council about a noisy animal, you should talk to your neighbour first, explaining how the noise is affecting you. Those who keep animals are usually very conscious about their animals and the noise they make. 

If the noise nuisance is from a barking dog the Council cannot prevent a dog from barking – we can only work with the owner to reduce the noise. If this fails then we would consider further legal action but we would not remove the dog. 

If you are concerned about any dogs welfare please contact the RSPCA for further advice and guidance.
 

Animals, by nature, make noise, from dogs barking to farmyard animals There are some animals that can cause a statutory nuisance and can be reported to the council, such as dogs barking or cockerels, and there are some that can’t be reported, such as wild animals and birds. If you are concerned about any animals welfare please contact the RSPCA for further advice and guidance.

Bird scarers 

There is no specific national legislation on the use of bird scarers and an individual householder is also able to take their own action in respect of a noise nuisance. However we have a duty under the Environmental Protection Act 1990 to take action against a person who creates a noise nuisance. Failure to comply with a notice served under that Act may result in a prosecution, and the possibility of a heavy fine.

Visit the NFU website for information on bird scarers code of conduct.

Cockerel Noise

In some ways the countryside can be noisier than towns. If you've moved to the country, be tolerant of country noises as they are part of its charm. If there are any noise issues it is best to speak to your neighbour about the problem in a friendly way first. However, if the situation doesn't improve contact us.

Keeping a number of different cockerels on the same land can cause problems giving an increase in the noise for neighbours. Visit the Poultry Club of Great Britain website for guidelines on keeping cockerels. 

There are occasions when your neighbour's security alarm may be sounding for a period of time when they’re not in. Should your neighbours alarm sound whilst they’re out or on holiday, we would suggest you try to get a message to them via phone, text message or private messages on social media. Other neighbours may know them and be able to contact them if you can’t.

If this is not possible or you have done this and it hasn’t worked, you should contact us during office hours. An officer will investigate and take any action that is required to silence the alarm. If we can't reach a key holder, we have the power to issue a noise abatement Notice under the Environmental Protection Act 1990 and obtain a warrant to enter any land, premise or building to silence an alarm. The costs of this will be passed to the owner/occupier of the premise.

We can enter properties without force to silence alarms if all the following apply:

  • We’ve taken reasonable steps to contact the key holder to silence the alarm
  • The alarm has been going off constantly for 20 minutes or 1 hour intermittently
  • The noise is likely to give people nearby reasonable cause for annoyance

We suggest that if you’re going on holiday, you inform your neighbour and leave them contact details of someone who can reset or turn off your alarm.
 

There is no time frame as to when a residential noise becomes a statutory nuisance. A statutory nuisance is something that, under the Environmental Protection Act 1990, affects a person’s health or causes disturbance to them in their property.

A one off party would not be classed as a statutory nuisance.

Often, people are not aware of the issue they may be causing and a friendly chat with them usually works.

If the noise is a regular occurrence please see the information above on our web page advising you what action to take.

In the more serious cases, we can begin the prosecution process and if necessary, seize any equipment that has the potential to create noise.

Domestic noise can include shouting or slamming doors. From time to time you are bound to hear your neighbours from within your property. The important thing here is what kind of noise can you hear? Is it one person, multiple people and is it at different times or at the same time?

We find the most effective way is for you to have a chat with your neighbour, explaining you can hear them.

If you believe this may be a domestic abuse related incident and you have a genuine fear for those inside the property, we advise you contact the Police on 999.
 

Most complaints from businesses (shops, factories, warehouses etc.) including noise from extractor fans, deliveries and collections. Residents must be prepared to experience some inconvenience if they live near to a commercial premises, but sometimes we acknowledge unreasonable noise levels may become unacceptable.

If you are experiencing problems from commercial premises, we advise that you contact the company causing the issue directly and allow you to reach a compromise between them running their business and your enjoyment of your property.

If an abatement notice for noise is served on industrial, trade or business premises and they’ve used the best practicable means to stop or reduce the noise, they may be able to use this as one of the following:

  • Grounds for appeal against the abatement notice
  • A defence, if prosecuted for not complying with the abatement notice
     

Residents must be prepared to experience some inconvenience if they live near to a pub or club, but sometimes noise can become too much. A premise license holder may have noise related conditions on their premises licence, and our Licensing team ensures these are met at all times.
Noise originating from pubs and clubs can be annoying to local residents if it is uncontrolled or exceeds what one could reasonably expect from an entertainment venue.

Whenever possible, if a new pub or club is opening, or an existing premises is undergoing refurbishment, we try to anticipate the likely noise problems. For existing premises, an officer will visit to assess the seriousness of the complaint and to establish the cause and any possible solutions. The owner or manager will then be informed of the situation and given advice on possible solutions. Wherever possible, improvements will be achieved by agreement. If this is not successful, the action considered necessary will be incorporated as requirements in a Statutory Notice and a possible review of the premises licence.

Many outdoor events, particularly those held during the summer, involve noisy activities. These activities can include music, fireworks, fairgrounds and rides, public address systems or generators. Noise from these activities can therefore be a source of annoyance to local residents, and measures should be taken to minimise it.

Those responsible for arranging events should consider the potential for noise at the planning stage. Initially we would encourage you to contact the event organiser if you feel it is safe to do so.

The Fireworks Regulations 2004 limit the use of fireworks at night in England and Wales (which is set as between the hours of 11pm and 7am). There are exceptions to this rule which include the following times:

  • Until 1am following the first day of Chinese New Year
  • Until midnight on 5 November
  • Until 1am on the day following Diwali
  • Until 1am on the day following 31 December

The time limits imposed by the Fireworks Regulations are enforced by the Police rather than by the local authority. You can contact the Police using the 101 number for non-emergency calls. 

In most cases statutory nuisance procedures will not be able to be used to tackle firework noise as, in most cases, the activity is transient and is carried out before the permitted hours. However, where commercial venues (particularly those carrying out functions) regularly set off fireworks they are more likely to fall within the scope of statutory nuisance (and sometimes licensing rules). The officer will take into account how regularly they cause disturbance. If they are a licensed premises or club they may also be subject to conditions and a limit could be placed on the number of displays taking place.
 

Most people have jobs which need doing around the home, especially if they have just moved in, or are redecorating. We also have to accept that many people have jobs during the day and need to do DIY work in the evenings and at weekends. However, this does not give them permission to annoy neighbours at unnacceptable hours of the day and night, or for the work to simply go on and on. 

DIY works are, in general, short lived small projects which would be expected to be undertaken by non-professionals. If you are undertaking a large, long-term (more than 2 weeks) project please download our DIY info sheet.

If you are planning to carry out noisy DIY on your home, please warn your neighbours well in advance and let them know:

  • What you are planning
  • How long you expect the work to continue
  • The times you will be doing the work (we recommend that you only carry out noisy work between 9am and 8pm and try to ensure that noisy works are undertaken in the middle of this time period)

If you need to carry out noisy work outside these hours, please speak to your neighbours and come to an agreement about when the work can be carried out.

If your neighbour has children or other special requirements please take these in to account when deciding on the times you want to work and discuss this with your neighbour.

Also invite your neighbours to knock on the door to let you know if the noise is causing them a problem.

Noise from vehicles

Noise from a vehicle such as a car can be classed as a statutory nuisance if it’s a regular occurrence and from the same vehicle. 

We understand that from time to time ‘car clubs’ will meet in one area and can cause some level of noise, be that from their entertainment systems or their exhausts. In the first instance we would advise you talk to the driver of the vehicle, if it is safe to do so, and explain how the noise is affecting you.

If you have tried that and it hasn’t worked, make a note of the date and time, the vehicle details (including the registration number) and where possible a description of the driver.

You can also contact Cumbria Police on 101 to report this as nuisance behaviour.

Construction or demolition sites

Much of the plant, machinery and methods of work used in construction and demolition are generally very noisy and may create vibration. Residents must be prepared to experience some inconvenience if they live near to a site where demolition or development is happening.

As a general rule, noisy works should only be undertaken between the hours of 8am and 6pm from Monday to Friday, and8 am to 1pm on Saturdays. No noisy works should be carried out on Sundays or Bank Holidays. Within these hours, there is an expectation under legislation that ‘best practicable means’ will be used to prevent nuisances occurring.

These times are for guidance only and it does not automatically mean that operating outside these time is illegal. In some cases, there may be a requirement to undertake certain works outside of these hours, however such works will require prior approval from the Council and will only be granted under exceptional circumstances.

Roadworks

For further details about roadworks in your areas please contact Cumbria County Council as the highways authority.

Works carried out by utility companies

For works carried out by utility companies please contact the relevant company directly if you have any enquiries or complaints.
 


If there is a problem with noise from a wind turbine, it is likely to be either because:

  • There has been a breach of a noise related planning condition on the planning consent for the turbine, or
  • The turbine is affected by a mechanical or operational problem

In the first instance, you should contact the owner of the turbine. This will allow the owner to check that it is operating correctly and is not suffering from wear to mechanical components. Should problems persist, you should contact Planning Enforcement.

What happens if monitoring shows a noise nuisance exists?

After gathering information a decision will be made on the best way to continue the investigation.

If the noise monitoring verifies that a noise nuisance exists we will write formally to the person causing the nuisance, or may serve a legal Abatement Notice requiring the noise nuisance to be stopped.