Statement of Policy on Noise

As part of our efforts towards providing better service to the local community, we have decided that we should have a written policy which details how your complaint about noise will be dealt with.

The policy below outlines how your complaint will be dealt with, what will happen and in what order.

Our actions, as a result of your complaint, may result in a legal action in the courts. Because of this, it is not possible for us to ensure that you can remain anonymous throughout the investigation of your complaint, though every effort will be made to ensure that your identity is only revealed when it becomes absolutely necessary.

Should you wish to seek additional clarification or guidance on how your complaint will be dealt with, or wish to discuss any specific issue or aspect relating to your noise complaint, please do not hesitate to contact a member of the Environmental Health Division's Environmental Protection Team.

Erewash Borough Council
Environmental Health
Merlin House
Merlin Way
Ilkeston
DE7 4RA

Telephone: (0115) 931 6050
Fax: (0115) 931 6079

Domestic noise complaints

The complainant will be advised of the provisions of the law relating to noise. They will be advised that it may be appropriate that they initially discuss their complaint with the person creating the noise.
If an initial direct approach by the complainant is unsuccessful or inappropriate, then the complainant will be asked to keep a written record of the noise and the events which are creating it for a period of time which will allow the complaint to be assessed.
On receipt of the written records of the offending noise and the events creating it, an appropriate investigation will be instigated. This will entail one or both of the following actions:
- a direct approach will be made to the alleged perpetrator of the noise to seek their comments concerning the complaint and to gain their co-operation in resolving the problem.
- a visit, or visits, will be made by an officer of the Council, at a time or times which the written records supplied by the complainant indicate that the noise is likely to be heard.
In the event that the investigating officer of the Council following observations, considers that the noise that the complainant is being subjected to constitutes a statutory nuisance, then an abatement notice will be served on the appropriate person, requiring them to either modify their behaviour and actions or carry out appropriate works to abate the nuisance.
If, after reasonable investigation of the complaint, it is not possible for the investigating officer to establish that a statutory nuisance exists, the complainant will be advised accordingly.
They will also be advised of any further action that is available to them to pursue their grievance.

Commercial and industrial noise complaints

The complainant will be interviewed concerning their complaint by the investigating officer. If appropriate to the nature of their complaint, the complainant will be requested to keep a written record of the noise and the events which are causing it.
The investigating officer will visit the complainant to investigate their complaint. If deemed appropriate, this visit will be after the complainant has produced a suitable written record of the noise. The visit or visits will be made at a time or times which are appropriate to adequately monitor the offending noise.
After monitoring the noise, the investigating officer will, if appropriate, make a direct approach to the alleged offender to seek to resolve the problem on behalf of the complainant. The complainant will be kept informed of the outcome of any discussions with the alleged offender and any remedial measures which are proposed to remedy the problem. If the investigating officer determines that the noise does not constitute a statutory nuisance, the complainant will be advised accordingly. They will also be advised of any further action that they may be able to take in respect of their complaint.
In the event that the perpetrator of the noise does not take appropriate action to remedy any statutory nuisance that exists, we will serve an abatement notice requiring either the modification of their actions or the execution of appropriate work, or both, to reduce or prevent the noise. This course of action will be subject to the existence of any statutory defence of "best practicable means" that may be available.

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