Noise (Hansard, 22 July 2002)

§ Mr. Meacher

I have been asked to reply.

There is no formal procedure for notifying those against whom complaints have been made about excessive noise prior to an investigation being made. However, the types of noise complaints that local authorities are called upon to investigate vary considerably and not all will be considered by the investigating officer to constitute a statutory nuisance. It is common for complaints to receive at least some investigation before the person or business against whom the complaint is made is approached or advised of its receipt. In some instances this may be because the officer handling the complaint decides to try and witness the noise before determining whether or not it merits further investigation as a potential or actual statutory nuisance. In other circumstances it might actually frustrate the investigation of the noise if the person causing it is alerted in advance.

Some individuals take exception to being approached by a local authority without any effort having been made to establish the credibility of the complaint made against them, others may be upset that they have not been contacted immediately. It is not practicable to set out procedures that will satisfy all situations and it is often best that the most appropriate response to a particular complaint is judged by the case officer in the light of his or her knowledge and experience.

794W

An example of the procedures adopted by local authorities is contained within the "Nuisance Guidance Note" published by Ellesmere Port and Neston Borough Council on their web site at http://www.ellesmereport-neston.gov.uk/. This sets out their particular procedures with regard to noise nuisance and envisages cases where the complainant may not wish monitoring visits to start until after a letter has been sent to the person complained about. Otherwise it seems monitoring is carried out before or at the same time as a letter is sent.

In 1997 the Chartered Institute of Environmental Health (CIEH) produced a noise management guide titled "Guidance on the Creation and Maintenance of Effective Noise Management Policies and Practice for Local Authorities and their Officers". This provides guidance to local authorities on best practice and procedures to be adopted when dealing with noise complaints. To reflect the changes in the noise environment within the UK and the availability of new techniques, CIEH and DEFRA have agreed to jointly revise the document over the next nine months. When this becomes available we will circulate it to all local authorities in England, Wales, Scotland and Northern Ireland and place copies in the House Libraries.

The CIEH guidance is referred to in the Department of the Environment Circular 8/97 dealing with the Noise Act 1996. The Circular provides advice on the investigation of noise complaints but makes it clear that, in the context of that Act,

the purpose of the initial investigation is to decide whether or not the noise complained of, exceeds, or might exceed, the permitted level…".

The Cabinet Office promotes the adoption and use of the Enforcement Concordat by central and local government organisations with an enforcement function (details are available on their web site). To date 96 per cent. of all such organisations have adopted the Enforcement Concordat. Under the heading "Principles of Good Enforcement: Procedures" is included the following:

Before formal enforcement action is taken, officers will provide an opportunity to discuss the circumstances of the case and, if possible, resolve points of difference, unless immediate action is required (for example, in the interests of health and safety or environmental protection or to prevent evidence being destroyed). Where immediate action is considered necessary, an explanation of why such action was required will be given at the time and confirmed in writing in most cases within five working days and, in all cases, within 10 working days.

In certain circumstances an investigation might necessitate the use of covert surveillance methods, as defined in the Regulation of Investigatory Powers Act 2000 (RIPA). The Home Office Code of Practice on Covert Surveillance provides guidance to public authorities in such cases.

Complaints about excessive noise in the workplace that might be harmful to the hearing of employees in premises that are regulated by local authorities normally would be taken up immediately with the employer.