NOISE

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NOISE

• Mrs HARRIET TOWNSEND
• 2-3 GRAYS INN SQUARE

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Directive 2002/49/EC 25 June 2002

• The assessment and management of environmental
  noise
• Article 1
• The aim of this Directive shall be to define a
  common approach intended to avoid, prevent or
  reduce on a prioritised basis the harmful
  effects, including annoyance, due to exposure to
  environmental noise. To that end the following
  actions shall be implemented progressively
• the determination of exposure to environmental
  noise, through noise mapping, by methods of
  assessment common to the Member States
• ensuring that information on environmental noise
  and its effects is made available to the public
• (c) adoption of action plans by the Member
  States, based upon noise-mapping results, with a
  view to preventing and reducing environmental
  noise where necessary and particularly where
  exposure levels can induce harmful effects on
  human health and to preserving environmental
  noise quality where it is good.

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Environmental Noise (England) Regulations 2006

• Regulation 1
• (4) These Regulations apply to environmental
  noise to which humans are exposed in particular
  in built-up areas, in public parks or other quiet
  areas in an agglomeration, near schools,
  hospitals and other noise-sensitive buildings and
  areas.
• (5) These Regulations do not apply to noise that
  is caused by the exposed person himself, noise
  from domestic activities, noise created by
  neighbours, noise at work places or noise inside
  means of transport or due to military activities
  in military areas

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Environmental Noise (England) Regulations 2006

• The major sources of noise are major roads,
  railways, airports, agglomerations
• 31 December 2006 Identify all first round major
  sources of noise done 17 March 2007
• 30 June 2007 strategic noise maps
• 30 September 2007 quiet areas within first round
  agglomerations
• 1 October 2007 consolidated noise map
• 18 July 2008 Action Plans
• 31 December 2011 identify all major sources of
  noise

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Noise Nuisance

• Environmental Protection Act 1990 s79-82
• s79
• (g) noise emitted from premises which includes
  land so as to be prejudicial to health or a
  nuisance
• (ga) noise that is prejudicial to health or a
  nuisance and is emitted from or caused by a
  vehicle, machinery, or equipment in a street
  added by the Noise and Statutory Nuisance Act
  1993. This category expressly excludes noise
  made by traffic, military forces, or a
  political/campaigning demonstration ss(6A).
  Section 80A deals with the obvious difficulties
  involved in identifying the appropriate person to
  serve with a notice in such cases.
• R (Vella) v Lambeth LB 2005 EWHC 2473 Admin

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Noise Nuisance

• Abatement notice no longer mandatory for noise
  nuisance where alternative steps are successful
  within 7 days.
• Falmouth and Truro Port Health Authority v South
  West Water Services 2001 QB 445
• Woods v Sevenoaks District Council 2004 EWHC
  1511 Admin.
• Moreno Gomez v Spain (2005) 41 EHRR 40
• Review of the Use of Noise Abatement Notices
  served under s80, by Rupert Taylor

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Control of Pollution Act 1974

• CoPA 1974 s60 power to serve a notice
  specifying machinery, hours of work and levels of
  noise in relation to construction
• CoPA 1974 s61 power to approve application
  setting out works, methods and steps to minimise
  noise.
• CoPA 1974 s62 (as amended) loudspeakers in the
  street offence.
• Westminster City Council v French Connection
  2005 EWHC 933 (Admin)

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The Noise Act 1996

• noise nuisance at night (11pm 7am)
• Triggered by complaint
• the permitted level set by SoS Circular 7/97
  but under review
• warning notice once served exceeding permitted
  level is an offence
• Fixed penalty notices
• Powers of seizure
• Extended to noise emitted by licensed premises

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Clean Neighbourhoods and Environment Act 2005

• Designation of alarm notification areas
• The responsible person occupier or owner
• Notify name address and telephone number of
  nominated Key holder
• Powers of entry
• Warrant authorising use of force to gain entry

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• - Mrs HARRIET TOWNSEND -