Our investigation procedure

If the nuisance is not a statutory nuisance

If, after a thorough investigation, no statutory nuisance can be determined, the case officer will close the complaint and the decision will be confirmed verbally, in writing, or both. We will also advise you on alternative courses of action that you may wish to take.

If it is a statutory nuisance

If the case officer decides that the problem is a statutory nuisance, those responsible will be served with an abatement notice under section 80 of the Environmental Protection Act 1990. This will require them to stop or reduce the activity that is causing the nuisance.

They will be informed of the legal action available to us should a statutory nuisance be observed.

If the nuisance continues after an abatement notice has been served

If the nuisance carries on after we have served an abatement notice, you must notify your case officer. They will arrange further noise monitoring and will ask you to continue to keep diary records of the times and days you are being disturbed.

If we find evidence that the abatement notice has been breached, then we can prosecute those responsible.

In some situations, we can also apply to the magistrates’ court for a warrant to enter the property and seize those things causing the nuisance, for example, stereos, televisions, speakers and other electronic devices.

People found guilty of breaching an abatement notice can be given an unlimited fine.