Types of noise nuisance
Information on types of noise that can be commonly regarded as a nuisance.
Noise from commercial or industrial premises
Nuisance caused by noise from commercial or industrial premises such as shops or factories can be dealt with as above under Sections 79 - 82 of The Environmental Protection Act 1990.
Within the North Lanarkshire Area domestic noise, ie that caused by neighbours, is dealt with by the Anti Social Behaviour Investigation Team. They will deal with complaints from owner occupiers as well as council tenants.
Public places used for entertainment require a licence from the local authority. This licence will detail restrictions on noise in order to limit it's impact on local residents.
If a noise nuisance is found to exist at a licensed premises officers from our Pollution Control section may contact the management informally to advise them of the problem and encourage them to take voluntary action to remedy the problem. If the noise persists then action will be taken as described in the reporting a noise nuisance section.
Where licensed premises have been the cause of a statutory nuisance this will be reported to the licensing board and may influence their decision to renew or grant further licences to the licensee.
Construction site noise
Sections 60 - 61 of The Control of Pollution Act, 1974 enable local authorities to impose conditions on the way in which work is carried out on construction sites in order to limit the noise impact on surrounding dwellings.
North Lanarkshire Council has adopted a less formal approach and will seek to agree, with the site operator, a standard set of voluntary restrictions on the time during which a construction site is allowed to operate noisy equipment that could give rise to nuisance. These are usually;
- Mondays - Fridays - 8.00am until 7.00pm
- Saturdays - 8.00am until 1.00pm
- Sundays and bank holidays - no noise producing works should be undertaken.
If, however, operators fail to adhere to the agreed times then the Pollution Control section may use powers granted under the above legislation to enforce the necessary restrictions.
Site operators must contact the section in writing to obtain consent to operate such equipment outwith the agreed times. Consent will not normally be given without good reason and it is the responsibility of the contractors to organise their work accordingly.
Noise created by barking dogs is dealt with under Section 49 of the Civic Government (Scotland) Act, 1982,. This legislation allows the complainant to apply to the district court for an order to be made requiring the owner of the dog to take action to prevent the annoyance from continuing. The clerk to the district court will supply the relevant application details.
Audible intruder alarms
When an audible intruder alarm causes nuisance through repeated activation then an officer from the Pollution Control section will visit the premises concerned. The officer will discuss options with the occupier of the premises for silencing the alarm. If the occupier fails to remedy the problem and the alarm still activates unnecessarily and it is witnessed by the officer, then an Abatement Notice will be served under the Environmental Protection Act 1990.
Noise from vehicles, machinery or equipment in a road
Nuisance caused by noise from vehicles eg car alarms, noisy car repairs, parked refrigerator vehicles etc can be dealt with by the Pollution Control section under Section 79-82 of the Environmental Protection Act 1990.
In such cases of nuisance the Officers may serve an abatement notice on the person responsible for causing the noise. If the vehicle, machinery or equipment is unattended then the officer may affix the notice directly to the equipment.
The enforcing officer must then spend one hour trying to trace the person responsible to serve a copy of the notice on them. If they cannot be traced then the officer may take action to abate the nuisance including gaining entry to a vehicle if necessary.
New airport developments and permanent helicopter landing sites require planning permission and conditions attached to planning consent may be used to control noise. However there are no regulatory controls available to local authorities with regards to existing airports or temporary landing sites for helicopters. A landing site is considered temporary if it used used not more than 28 days in one year. There is no restriction on the number of take-offs and landings in one day.
Controls lie with the Civil Aviation Authority through the Civil Aviation Act 1982 and they should be contacted if complaints arise
Please use the 'contact us' box if you have any questions. For more information, see 'related articles'.
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