A. Background
1. West Dunbartonshire Council has a duty to investigate noise complaints and take action where a noise complaint is substantiated and considered to be a statutory noise nuisance or injurious to health. The purpose of the action will be to abate the nuisance.
2. The legislation under which formal action may be considered is the Environmental Protection Act 1990, the Noise and Statutory Nuisance Act 1993, and the Control of Pollution Act 1974. The policy and procedures have been drawn up in accordance with the local government Concordat on Good Enforcement.
3. In establishing whether nuisance exists, officers will pay due regard to case law, and take a variety of factors into account. None of the following factors are per se conclusive and the list is not exhaustive as the courts may consider new factors in future:
Social utility of the defendant's conduct
- Motive of the defendant
- Locality of the nuisance
- Duration and intensity of the noise
- Time of day that noise occurs
- Sensitivity of the complainant
- Liability of defendant
4. Complaints relating to noise from the following sources will be investigated by the Public Health and Pollution Team of the Environmental Health Section where complaint(s) have been received from residents of West Dunbartonshire:
- Noise from commercial and industrial operations
- Entertainment noise from licensed public houses and clubs, outdoor concerts, fairgrounds, hotels, discotheques, restaurants, cafes, community or village halls and other similar premises
- Noise from neighbours where the noise relates to exceptional or unreasonable use of their property and is not solely due to poor sound insulation between properties
- Noise from construction sites
- Noise from vehicle and intruder alarms falsely activating
- Noise from loudspeakers in the street
- Any other noise sources not excluded in 5 below
Environmental Health Officers will respond to complaints within 2 working days of receipt of the complaint.
5. The Public Health and Pollution Team will not investigate complaints relating to the following noise sources. However, complainants will be advised on the appropriate agency to contact, or to take civil action in order to further their complaint:
Noise from road traffic - Dept. of Environment, Transport and the Regions
- Noise from aircraft - Glasgow Airport (BAA)
- Noise from barking dogs - civil action in terms of Civic Government (Scotland) Act 1982 - advice will be given to dog owners on methods of control
- Patron noise outwith a licensed premises or other place of entertainment - Police
6. The planning system has a role to play in preventing and minimising the impact of noise through its influence over the location and design of new developments. The Public Health and Pollution Team will liaise with the Development Control Team of Planning and Building Control on developments that may have noise implications for the community. Where appropriate we will advise on planning conditions that may be attached to planning permissions in order to reduce the adverse impact of noise.
7. Where there are groups (or individuals) organising events that may give rise to noise complaints, the Public Health and Pollution Team will work proactively with them to ensure that noise reduction measures are in place before the staging of the event.
West Dunbartonshire Council has a duty to investigate noise complaints and take action where a noise complaint is substantiated and considered to be a statutory noise nuisance or injurious to health. The purpose of the action will be to abate the nuisance.
