Anyone been investigated for noise nuisance before?
Discussion
I am having an extended period of construction work carried out on my property and have an intolerant neighbour who initially complained to me and stated that certain hours must not be exceeded. I already knew that the permitted times derived under the control of pollution act 1974 are broader than those she alleged, and stated that I would not be modifying the nature or timing of the work to accommodate her wishes. It seems as if did not take kindly to being put back in her box, but she soon gave up visiting me when she found that it was getting her nowhere.
I was notified months ago by my local council, some weeks after this neighbour's complaints, that there had been complaints of excessive construction noise and the letter warned that it should only take place between certain hours (8-6 weekdays, 8-1 on Saturdays, and not at all on Sundays and bank hols, as I already knew).
Perhaps a month later than that, I had another letter saying that there had been further complaints and that these were sufficient to warrant an investigation and that this could possibly result in various penalties, up to a certain maximum fine etc.
I did not worry much, knowing that the work being done was not outrageously noisy by most people's standards, and certainly no worse that the work taking place elsewhere in the same street, and was only happening within the stipulated hours. OK, some did spill over into the non-permitted hours recently when I wasn't present, but not very much.
Not having heard any updates, I am wondering whether the period of investigation has now passed and come to the conclusion that there is no case to pursue. It must have been at least 2 months since the last letter, perhaps 3. Surely these investigations do not stay open indefinitely?
Does anybody know much about this kind of thing?
I was notified months ago by my local council, some weeks after this neighbour's complaints, that there had been complaints of excessive construction noise and the letter warned that it should only take place between certain hours (8-6 weekdays, 8-1 on Saturdays, and not at all on Sundays and bank hols, as I already knew).
Perhaps a month later than that, I had another letter saying that there had been further complaints and that these were sufficient to warrant an investigation and that this could possibly result in various penalties, up to a certain maximum fine etc.
I did not worry much, knowing that the work being done was not outrageously noisy by most people's standards, and certainly no worse that the work taking place elsewhere in the same street, and was only happening within the stipulated hours. OK, some did spill over into the non-permitted hours recently when I wasn't present, but not very much.
Not having heard any updates, I am wondering whether the period of investigation has now passed and come to the conclusion that there is no case to pursue. It must have been at least 2 months since the last letter, perhaps 3. Surely these investigations do not stay open indefinitely?
Does anybody know much about this kind of thing?
TBH when she complained, you should have been more pleasant rather than telling her to do one by waving law quotes at her. 8am starts would annoy me, anyway, especially on a Saturday.
And now if you get burgled while you're on holiday, that annoying curtain twitcher might not bother phoning the police.
Not much help but maybe it isn't too late to tell her you'll work to her times. Or you could move.
Oh, as for the question, why not give the council a call to find out? They're going to be unbiased so won't be against you if you're not breaking the law. (But it will continue/remain open if she continues to complain.)
And now if you get burgled while you're on holiday, that annoying curtain twitcher might not bother phoning the police.
Not much help but maybe it isn't too late to tell her you'll work to her times. Or you could move.
Oh, as for the question, why not give the council a call to find out? They're going to be unbiased so won't be against you if you're not breaking the law. (But it will continue/remain open if she continues to complain.)
Edited by ShadownINja on Thursday 9th July 18:55
The Council probably sent you the letter just so keep her off their backs for a bit.
I once had a neighbour who objected to the tree at the end of my garden - but I liked it as it gave some privacy. After a couple of polite no's to her request to cut it down, and a firmer one, I got a letter from a Councillor who apologised profusely that the old bat had made him write it..
I once had a neighbour who objected to the tree at the end of my garden - but I liked it as it gave some privacy. After a couple of polite no's to her request to cut it down, and a firmer one, I got a letter from a Councillor who apologised profusely that the old bat had made him write it..
If you're concerned, call the council. And I agree that you've possibly made an enemy where you needn't have there by your attitude. Putting a smile on, acting reasonable and pretending to agree and empathise with someone when you think they're an utter tool is a skill and a gift. If you're capable, use it.
Well perhaps I abbreviated the history to keep the message short. I did originally try to form a good relationship with this particular individual, and even began to have the Saturdays start later (there are quite a few young people around nearby who I didn't want to alienate) but there was no pleasing this woman.
She is one of those people who, once she has begun to sense that you will bend to her will, she will take that inch and try to make it a mile. Other neighbours cannot stand her as she has been exactly the same with them, a trouble maker, a curtain twitcher, whinger, and clearly somebody who has difficulty thinking rationally or seeing somebody else's point of view.
Part of her original approach was the entirely reasonable question, "how long is this going to go on? How many weeks" etc. I answered as accurately as possible, but I also explained that the more restricted were the hours per week, the more weeks it would be. She stated that this didn't make any sense, which seems odd as it makes perfect sense to anybody else I've ever explained it to.
I happened to remind her of the fact that she had had extensive works done, starting on occasion at 8am (and earlier), some of which morning works were heavier and noisier works than mine, whereas I have tried to schedule to have nothing massively heavy before 10 on Saturdays. I explained this. First she became angry (presumably that I had demonstrated her hypocrisy) and then, on trying to calm herself down she said, "well that's all in the past". (Well, presumably as time passes by, all mine will be in the past too, so all will be well when it's over.)
Initially on receiving her complaints I had spoken to other neighbours explaining that there were works going on at my place and that I hoped to minimise disturbance. All other neighbours said that it was fine with them and that they were not being disturbed.
However, back to the council. I had always assumed that they simply wouldn't give out this information to me - I mean information as to whether the investigation is still going on vs whether it has been closed as a non-issue. But I will try.
She is one of those people who, once she has begun to sense that you will bend to her will, she will take that inch and try to make it a mile. Other neighbours cannot stand her as she has been exactly the same with them, a trouble maker, a curtain twitcher, whinger, and clearly somebody who has difficulty thinking rationally or seeing somebody else's point of view.
Part of her original approach was the entirely reasonable question, "how long is this going to go on? How many weeks" etc. I answered as accurately as possible, but I also explained that the more restricted were the hours per week, the more weeks it would be. She stated that this didn't make any sense, which seems odd as it makes perfect sense to anybody else I've ever explained it to.
I happened to remind her of the fact that she had had extensive works done, starting on occasion at 8am (and earlier), some of which morning works were heavier and noisier works than mine, whereas I have tried to schedule to have nothing massively heavy before 10 on Saturdays. I explained this. First she became angry (presumably that I had demonstrated her hypocrisy) and then, on trying to calm herself down she said, "well that's all in the past". (Well, presumably as time passes by, all mine will be in the past too, so all will be well when it's over.)
Initially on receiving her complaints I had spoken to other neighbours explaining that there were works going on at my place and that I hoped to minimise disturbance. All other neighbours said that it was fine with them and that they were not being disturbed.
However, back to the council. I had always assumed that they simply wouldn't give out this information to me - I mean information as to whether the investigation is still going on vs whether it has been closed as a non-issue. But I will try.
I would agree there comes a point when u have tried to be reasonable and it gets you nowhere, that you just have to shut people down. Especially if you are paying your workers by the day! Its usually a daily rate and it is custom for tradesmen to do roughly 8-5 or 8-6, so why pay the same for a smaller number of hours?
Sounds to me like you have done your bit to reduce the distrbance where u can.I bet that will count in your favour if this ever gos further (if you can demonstrate it...maybe other neighbours can make written statements in support of the way youve managed the project?)
Sounds to me like you have done your bit to reduce the distrbance where u can.I bet that will count in your favour if this ever gos further (if you can demonstrate it...maybe other neighbours can make written statements in support of the way youve managed the project?)
If you are operating within the regs outlined within the letter then why worry about an ongoing investigation.
Speak to them and ask them for their advice. It's better to be seen to be helpful and wanting to work with the council. Once they offer up some advice write to them telling them you are carrying out their advice and thank them.
Then stick to the regs and forget about your neighbour. The council will soon put the neighbour right.
I used to run a live music venue within a residential area. I always found the council to be very fair and understanding especially if you do your best to work with them.
Speak to them and ask them for their advice. It's better to be seen to be helpful and wanting to work with the council. Once they offer up some advice write to them telling them you are carrying out their advice and thank them.
Then stick to the regs and forget about your neighbour. The council will soon put the neighbour right.
I used to run a live music venue within a residential area. I always found the council to be very fair and understanding especially if you do your best to work with them.
Not read all of this but yes, and got procecuted and a noise abatement order put on. If you live next door to a LESBIAN 
who thinks a noise louder than a mouse farting is unacceptable then the same could happen to you. There is no set noise limit so if the complainant kicks up enough st and the envoronmental health officer takes their side you will end up in court. I wanted to fight this but solicitor said it was better to strike a deal with the council, £250 fine and that was that. Ironically i currently live next door to a noisy tt who plays loud music at god knows what hour, have i complained to the council? No, if you want silence then live in a detatched house miles away from everyone. Whether this has any relevence to contruction noise i do not know!
who thinks a noise louder than a mouse farting is unacceptable then the same could happen to you. There is no set noise limit so if the complainant kicks up enough st and the envoronmental health officer takes their side you will end up in court. I wanted to fight this but solicitor said it was better to strike a deal with the council, £250 fine and that was that. Ironically i currently live next door to a noisy tt who plays loud music at god knows what hour, have i complained to the council? No, if you want silence then live in a detatched house miles away from everyone. Whether this has any relevence to contruction noise i do not know!Edited by Dave_ST220 on Friday 10th July 08:53
Dave_ST220,
That is really unfortunate. I really feel for you. And I agree that those who need silence should go where they are likely to find it - i.e. away from other people.
V8Andy / ShadowINja
Your way seems like a good recommendation. I also have heard something that Dave points out which is that it's partly subjective and open to the interpretation of the council's inspectors. Noise at any time (even within hours) could be unacceptable if it's extremely loud, so while I'd like to relax and not think about it, I'm not completely out of the woods.
I'm off to call the council.
Thanks all for your comments.
That is really unfortunate. I really feel for you. And I agree that those who need silence should go where they are likely to find it - i.e. away from other people.
V8Andy / ShadowINja
Your way seems like a good recommendation. I also have heard something that Dave points out which is that it's partly subjective and open to the interpretation of the council's inspectors. Noise at any time (even within hours) could be unacceptable if it's extremely loud, so while I'd like to relax and not think about it, I'm not completely out of the woods.
I'm off to call the council.
Thanks all for your comments.
GreenDog said:
Haven't you spoken/written to the council prior to today ?
I'd have been on the phone as soon as the first letter arrived.
Originally I tried but the person named in the letter was not around, and neither were any of his colleagues. Probably on an extended leave of absence on full pay due to a slight twinge in the back/wrist/knee pending early retirement. But that's just my prejudice about the public sector.I'd have been on the phone as soon as the first letter arrived.
After a few attempts I relaxed in the knowledge that I probably wasn't doing anything worth investigating. It's only more recently I started to have doubts.
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