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What happens after a noise complaint investigation

If the noise is not a statutory nuisance

We will investigate your case thoroughly. If no noise nuisance can be determined, your complaint will be closed and your case officer will contact you to tell you about their decision. We will also advise you on alternative courses of action that you may wish to take.

If the noise is a statutory nuisance

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

Those responsible will be informed of the legal action available to us should the noise nuisance continue.

If the noise continues after a noise abatement notice has been served

If the noise carries on after we have served a noise 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 noise 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 to seize those things causing the nuisance, for example, stereos, televisions, speakers and other electronic devices.

People found guilty of breaching an abatement notice could be liable to an unlimited fine.

 

Page last reviewed: 5 October 2020