Everyone's perception of noise nuisance is different.
It's not just about sound levels in decibels but of what is acceptable to the average person.
Noise is generally considered to be unwanted sound, but what one person considers unwanted sound may not seem unreasonable to someone else.
As an enforcing authority, we have to decide what is reasonable and what is not, before taking action.
A new complaint
When a complaint is made to us the first thing we do is check whether there have been any similar complaints made for the same property in the past.
If we have received no similar complaints in the last 12 months we consider this to be a new complaint.
Our first response
Our first response is to send a letter, informing the occupiers of the household that a complaint has been made, and a second letter is sent to the complainant informing them what is being done and the procedures we follow.
More information
We will normally ask you to complete diary sheets to enable us to look in depth at the times of day the problems arise and the extent of the problem, if it persists.
Certain types of noise are difficult for us to assess and we may ask you to contact us at the time when a problem is being experienced.
If an officer is available and considers there to be a potential problem, they will endeavour to make a visit.
Formal action
If an officer is satisfied that a nuisance is being caused, a statutory noise abatement notice will usually be served, to prevent a recurrence of the problem, unless a solution has been agreed with the person responsible within seven days.
Any breach of this notice may lead to prosecution and/or seizure of noise making equipment.
Cambridge Mediation Service
For informal help and advice on resolving problems between neighbours or colleagues contact Cambridge Mediation Service on 01223 302514 or email cdcms@btconnect.com.
Contact us
If you are troubled by noise during the day, or have a general enquiry, you can telephone us on 01223 457890 or email us at env.health@cambridge.gov.uk.
Out of hours service
Between 7pm and 7am every night and between 9am and 5pm at weekends and bank holidays we operate an out of hours noise service for serious noise problems.
The action undertaken depends on the nature of the problem, time of day, and whether this is a first time complaint or a recurring problem.
The telephone number for this out of hours service is 01223 457457.
Dealing with other sources of noise
Please note that we have no jurisdiction in respect of noise from aircraft or trains.
For train and railway noise, contact the Network Rail Helpline on 0845 711414.
For noise from Marshall's Airport, please contact them on 01223 373950.
Legislative provisions
The Environmental Protection Act 1990 sets out the legal provisions regarding the investigation of noise nuisance and the relevant enforcement powers.
We have a duty to inspect our district from time to time for nuisances and to investigate complaints.
Investigation
has been interpreted in its widest sense
and includes a range of options including the use of letters as well as formal
site visits by case officers.
If an officer is satisfied that a nuisance is being caused, a statutory noise abatement notice will usually be served, to prevent a recurrence of the problem, unless a solution has been agreed with the person responsible within seven days.
A statutory noise nuisance is not defined in terms of noise levels, but is legally understood to
be what would be
a nuisance to the average person.
No account can be taken of any particular person's sensitivities or way of life.
Officers are trained and experienced at judging such issues and have a number of non-legally binding sets of guidance to assist them.
Such guidance includes relevant British Standards planning policy guidance notes and
World Health Organisation
recommended standards.
It is only once there is evidence of an abatement notice not being complied with that any prosecution can be taken.
In cases where there is substantial
non-compliance with an abatement notice or a very severe ongoing noise nuisance at night, it may be appropriate to seek a
warrant and seize
equipment to abate a nuisance.
However such action is only appropriate on rare occasions.
In addition to us having powers to take action for statutory noise nuisance, there are also provisions under section 82 of the Environmental Protection Act 1990 for a member of the public to complain direct to the magistrates court which can make a nuisance order and also impose a fine.
Complaints about our service
Our target for responding to complaints is three working days for non-urgent cases, with urgent cases being dealt with the same working day.
We endeavour to meet our service guarantee response times as well as to complete jobs without delay.
Our target is to complete the majority of cases in 90 working days.
Additionally we recognise that it is important to keep our
customers informed of the
action we are taking on their behalf.
It is equally important that we keep customers informed when we have completed investigations, especially when we are not able to help.
If we believe that some other agency or organisation can assist a customer we will provide information and contact details.
We deal with several thousand complaints about noise nuisance each year and very occasionally, even with the best will, things can go wrong and customers can feel we may have not kept them adequately informed or that we have made a mistake.
In such cases we have set procedures for investigating formal complaints about the service.
In the first instance you should contact us:
Head of Environmental Services
Mandela
House
4 Regent Street
Cambridge CB2 1BY
Email env.health@cambridge.gov.uk
Telephone 01223 457890
If you still feel unhappy with the outcome then you may wish to consider using our independently appointed investigator or ombudsman.
Finally the local government ombudsman offers a service to investigate more serious
complaints about local authority
services.
Additionally, as has already been outlined, you have the right to complain to the magistrates court directly about a noise nuisance that affects you.
