Environmental Protection - Noise

What is noise pollution?

Excessive noise can seriously affect the quality of life. Complaints about excessive noise are investigated by officers who can take action if the noise is considered to be a statutory nuisance.

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Noise nuisance is covered by Part III of the Environmental Protection Act 1990. This law empowers local authorities to deal with noise from fixed premises. Before action can be taken we have to be sure that the noise constitutes a statutory nuisance. This means that we have to prove that the noise is prejudicial to health and/or is causing an unreasonable and persistent disturbance to your lifestyle.

Complaints can be made to the Environmental Protection Team by telephone, email, letter or through your local ward councillor.  Details of your name and address will be kept in the strictest confidence. Occasionally, however, the person you have made a complaint about may guess who has made a complaint or may approach you and ask if you have made a complaint. If we take legal action you will be required to appear in court as a witness.

When we receive a report of noise nuisance we will investigate to determine if a statutory noise nuisance exists.  We normally write to the person making the noise asking them to cease with their noisy activities.  At the same time we will ask you to keep witness diary sheets which we will provide so you can record the evidence and send you a leaflet regarding noise nuisance.  It will be necessary for an officer from Cornwall Council to witness the noise nuisance before we can take formal action.  This is either done by placing equipment in your property so you can record the noise or by an officer visiting your premises.

If we are satisfied that a statutory nuisance exists a Noise Abatement Notice will be served on the person(s) causing the problem. Where work is required to meet the terms of the notice 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 can be prosecuted. If the notice specifies the carrying out of work and this is not done, we can do the work ourselves and recover the costs from the person(s) who should have done it.

Cornwall Council also has the power to seize any equipment such as TV’s or stereos that may be causing a noise nuisance if a breach of the noise abatement notice is witnessed.  The council may also choose to issue a fixed penalty notice on the noise maker.

There are some occasions where we are unable to take action, where the noise is not judged to be a statutory nuisance. If the council decides that formal action cannot be taken you will be informed and you will be given advice about taking action yourself if you wish to do so.

  • Industrial and Commercial noise (for example fans)
  • Agricultural noise, including bird scarers
  • Noise from construction and demolition works
  • Loud music from Licensed premises
  • Domestic noise including amplified music and DIY
  • Barking dogs
  • Leisure activities, e.g. clay pigeon shoots/off road events
  • Noise from vehicles, equipment and machinery in the street (excluding noise from traffic)
  • Audible intruder alarms
  • Private Nuisances
  • Sounds of occupation
  • Slamming doors
  • Raised voices / arguments
  • Children
  • Traffic noise
  • Aircraft - fixed wing and helicopters (Civil Aviation Authority)
  • Armed forces activities

Many noise problems, particularly those involving neighbours can be resolved informally by, for example, explaining to your neighbours the problems they are causing. Legal action should be a last resort. It is unpleasant and will inevitably further sour the relationship between you and your neighbour. However, when this approach fails then we may be able to help.  In cases where the noise is caused by shouting, arguing or swearing or by the deliberate banging of doors then the Antisocial Behaviour team may be able to help.

If you require more advice and information on noise nuisance then contact the Environmental Protection Team by calling 0300 1234 212 or by e-mail publicprotection@cornwall.gov.uk