The principal legal control over neighbourhood noise is based on the concept of 'nuisance', contained in Part III of the Environmental Protection Act 1990. The Act empowers local authorities to deal with noise from premises such as homes, pubs, and factories, and from machinery, equipment and vehicles in the street. Before action can be taken, an EHP has to establish that the noise constitutes a statutory nuisance. This means that they have to prove that the noise is causing an unreasonable interference with someone’s use of their land or material discomfort to the population at large.
If the EHP is satisfied that a statutory nuisance exists, an Abatement Notice may be served on the person responsible for the problem. Where the notice requires work, a period of time will be given to allow it to be carried out. Failure to comply with the notice after that time is a criminal offence, and the person could be prosecuted. Equipment used in the commission of a noise offence can be seized.
There are some occasions where the local authority is unable to take action, particularly where the noise occurs intermittently and is not judged to be a statutory nuisance. If the local authority decides that formal action cannot be taken, the complainant will be informed and will be given advice about taking action themselves if they wish to do so.