08 January 2009Noise and other nuisances
How the District Council can help you.
The law says that people who occupy a house or land have a right to enjoy their property without unreasonable interference or nuisance from others, but each year Sevenoaks District Council gets many complaints from people whose lives are disturbed by the action of others.
The District Council can try to help, but it can only take action over more serious problems, which the law calls "statutory nuisances". This leaflet explains how we can help and how to let us know if you have a problem.
What is a "statutory nuisance"?
The law would class the following as a "statutory nuisance" if the disturbance is serious and it directly affects the property of the person complaining:-
No action can be taken simply because something is unsightly. For example, we could not take action about an unattractive compost heap or a pile of rubbish in your neighbours garden. However, we could act if it attracted rats or if it caused a serious smell, or large number of flies, so that you cold not sit in your own garden or could not have your windows open.
How is a nuisance measured?
For a problem to be classed as a "statutory nuisance" Council Officers would have to assess the problem for themselves and decide whether or not it is serious enough to justify Council action. A number of factors will be considered based on the Officer's professional training and experience of other cases where legal action has been taken ("case law"). These factors include:-
Informal Action
Depending on the seriousness of the situation, you should first speak to the person causing the problem, particularly if he/she is your neighbour. Sometime people don't realise they are causing a problem and would much rather know about it and try to put the situation right before the District Council becomes involved.
There is a free and confidential mediation service in the District, which, without taking sides, offers to help both parties find their own solution to the problem. The West Kent Mediation Service can be contacted at the address shown at the end of this leaflet.
If you have tried this approach and it has not been successful, or if you are unhappy about approaching the person, we can, depending on the circumstances, write informally to the person responsible advising them that a complaint has been received and asking them to contact us to discuss the matter. At this stage, we will not tell them who has contacted us although, depending on the nature of the problem, they may be able to guess that you are the complainant.
At the same time, you will normally be sent some diary sheets so that you can keep a record of when you are being disturbed. The diary sheets will help at a later stage if further action is necessary, but in many cases informal action is successful.
Formal Action
If informal action does not work, we will study your diary sheets to see when it would be most likely for an officer to be able to witness the problem to decide whether it is serious enough to warrant formal action. We will normally make at least three visits to try to witness the problem. We will also consider other independent evidence, for example from the Police.
Sometimes it is difficult for officers to witness the problem, particularly if it occurs randomly, intermittently or for only short periods. If we are unable to witness the problem then it is unlikely that the District Council will be able to take any formal action.
Formal Notices
If, having witnessed the problem, the officer considers that there is a "statutory nuisance", the District council can serve a formal Notice on the person responsible, ordering them to take action to stop the nuisance.
At this stage, you will be asked to confirm that you are willing to give a written statement and attend Court if necessary. This is because the person receiving the Notice may choose to appeal against it and it would be difficult for the District Council to proceed without your agreement to give evidence.
You should also know that this is when we may have to give out your name and address to any solicitors acting for the person you are complaining about.
Any Notice, which the District Council serves, must allow a reasonable time for the person to take action to stop the nuisance, so you should not expect the problem to stop immediately. You will still need to fill in diary sheets of any disturbance, as this information may be needed in Court. Some people may be worried by the thought of attending Court and giving evidence but our officers will give you as much advice and support as they can if this should need to happen.
What next?
Hopefully, the Notice will be obeyed and the problem will stop. However, if the notice is not complied with and you are still being disturbed, the officer will need to witness the problem again to be sure that it is still causing a nuisance. Depending on what has happened, the District Council may then decide to take legal action against the person concerned. Officers will talk to you before the final decision is made, particularly as they may need your evidence for the prosecution to be successful.
What can you do if your problem is not classed as a "statutory nuisance"?
Sometimes officers cannot witness a problem, particularly if it happens at uncertain times or just for short periods. Occasionally, officers may not agree that Council action is justified. If formal action is not possible, we will fully explain the reasons to you and give you advice on what you can do yourself, including a private action in the Courts. We have a leaflet explaining this option.
Further information and advice
If, having carefully considered the above and having read the rest of this leaflet, you feel the District Council ought to be involved with your problem, then the following will tell you how to make your complaint.
Before complaining
Before asking the District Council to take action, it is worth asking yourself:-
How to make a complaint
If you wish to make a complaint contact the Environmental Protection department either in writing, by telephone or email to environmental.protection@sevenoaks.gov.uk. You will have to give us your name, address and telephone number so that Officers can contact you for further information and possibly to arrange a visit to see the problem for themselves. Before we can decide how best to help you, we will need to know:-
Our promise to you
We will make sure, as far as possible, that:-
Response times
If you telephone the District Council you may be able to talk to an Officer straight away but if this is not possible, someone will phone you back. If you write to the District Council you will normally get a response within seven working days.
Complaints are prioritised, depending on their nature and the number of people affected. For example, a blocked sewer causing flooding of houses or gardens will be treated more urgently than a noise complaint.
Generally urgent complaints are responded to on the same or the next working day, whilst routine complaints are normally responded to within five working days.
What if the problem occurs at night or weekends
Although the District Council does not offer a normal service through the night or at the weekends, officers can make arrangements with you to visit at these times, if necessary, to try to witness the problem being complained about.
Also, special recording and monitoring equipment is available to assist in the investigation of noise problems, particularly those which occur intermittently and which would otherwise be difficult to witness. Officers would be happy to discuss whether this equipment would be useful in helping to investigate your complaint.
Timescale
Although we deal with the matter as quickly as we can, it is not possible to say how quickly your complaint will be settled. Regrettably there are no instant solutions. Even if formal action is taken there may be delays if appeals are lodged against any notices, which are served, or if prosecutions are taken.
In certain cases the District Council can take default action, for example to silence noise burglar alarms. Even in such cases delays occur because of the formalities of obtaining magistrates' warrants to enter premises and in securing assistance from the Police and/or other agencies.
If the person responsible co-operates, then the problem might be resolved fairly quickly but if formal action is necessary, the problem could take much longer to resolve.
If you are not satisfied
If you feel unhappy at any time with the way your complaint or enquiry is being handled you should write, explaining the situation to the Community Services Director at the address below. The matter will be fully investigated and you will be told of the outcome. If you are still not happy, the District Council operates a formal complaint procedure, details of which can be given on request.
If you need information about noise and other nuisances, or wish to make a complaint, you can contact us at:-
Community Services Department
Council Office, Argyle Road, Sevenoaks, Kent , TN13 1HG
Telephone 01732 741222 or Fax 01732 742339
Here are the contact details for the local Citizens Advice Bureau
You can find further information on noise and other nuisances on the Sevenoaks District Council website under "Environment".
