Neighbour Noise (Hansard, 29 March 1995)

§ The Minister of State, Department of the Environment (Viscount Ullswater):

Inconsiderate noisy neighbours can cause extreme distress and suffering to many. My concern about the steeply rising complaints about domestic noise and the effectiveness of the current legislation to deal with these problems resulted in the formation of a working party last October to review the situation.

My honourable friend the Minister of Environment and Countryside yesterday published a consultation paper which sets out the conclusions and recommendations of the working party. I am placing a copy in the Library of the House. The key recommendations are:

—Good practice guidance should be made available to local authorities on the management of noise services.
—Local authorities should be encouraged to provide information to residents about their authority's noise complaints service and to increase public awareness of neighbour noise issues. Government should consider supporting publicity initiatives to increase awareness of what constitutes unacceptable noise.
—Consideration should be given to issuing general guidance on the sort of noise problems which might constitute a statutory nuisance.
—Local authorities should be encouraged to provide services which respond to complaints outside working hours wherever such services are required.
—Local authorities should be encouraged to establish streamlined local arrangements for obtaining warrants to enter domestic premises to confiscate temporarily noise-making equipment or silence intruder alarms.
—Codes of good practice should be issued jointly by the professional representative bodies to police forces and local authorities to encourage effective local arrangements for dealing with noise complaints.
—A specific power of temporary confiscation of noise-making equipment (to provide a stronger legal base for existing practice) should be

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introduced, with the power for local authorities to levy an administration charge for its return.
—Local authorities should be encouraged to seek, where appropriate, deprivation orders for the permanent confiscation of noise-making equipment following prosecution.
—Consideration should be given to the creation of a criminal offence, separate to the statutory nuisance regime, to apply to night-time neighbour noise disturbance.

The paper invites comments in particular on the options for creating a new criminal offence, including a direct noise offence based on the World Health Organisation guidelines of 35 dB(A) for acceptable indoor night noise levels. Such an offence has the potential to provide a swifter remedy than the current statutory nuisance regime for some of the most disturbing neighbour noise problems.

Copies of the consultation paper are being sent to all district, borough and island councils in England, Wales and Scotland, representative bodies for local authorities and the police, voluntary noise groups and a wide variety of other organisations. The consultation period lasts until 30 June.

Wherever possible, attempts should be made to resolve problems informally. However, it is vital that effective legislation is in place to deal with situations where a formal remedy is the correct course. I am grateful to the working party for producing what I believe is a worthwhile package of proposals which, if implemented, will strengthen current neighbour noise controls, improve the management of local authority noise services and improve liaison between local authorities and the police.