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Noise Abatement Orders

56 replies

YearingPlugs · 01/06/2023 19:04

Can an Unreasonable Nosie Abatement Order infringe human rights?
If so what human rights are they infringing?
thank you

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lieselotte · 02/06/2023 10:51

If you are using a tablet, wear headphones.

If you are watching TV as a group, keep it to the volume you need to actually hear it. For YOU to hear it, not next door. Actually DH often does watch TV with headphones, so he doesn't disturb me if I don't want to watch the programme concerned. I don't think it's that unusual an idea.

Even with poor insulation, you shouldn't hear everyday noise. A spinning washing machine or a vacuum cleaner will probably be heard but you can make sure you only use them at reasonable times of day.

Musical instruments are more tricky, but you can always talk to your neighbours to find out the least disruptive times and make sure they don't work nights!

YearingPlugs · 02/06/2023 10:48

thank you all

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mummymeister · 02/06/2023 10:08

I would also respectfully suggest that unless you have a qualification in acoustics you stop focussing on dB(A) levels, attenuation, transmission etc. because this is a complex subject and if this is the basis of your defence then an EHO who is qualified would easily knock down your defence I am afraid. The issue here is that you have ignored several informal attempts to stop creating a statutory noise nuisance. why? did you think it would just go away or something? whatever you think of the insulation between the properties your behaviour in your property should take this into account. if you lived in the middle of nowhere with no neighbours and set up a sound system in your garden no one would care. The law on noise nuisance IS NOT imprecise. Its just that you dont understand it because you arent qualified in it. Start from a basis of contrition not confrontation. what can you do to make this not be a nuisance? what sort of times and levels would be acceptable? work with the EHO not against them.

mummymeister · 02/06/2023 10:00

ex EHO here with 20+ years in acoustics and noise pollution enforcement. Statutory noise nuisance is not just the level at source, the level at receiver, the time of day, the duration, the tonal components, the frequency levels etc. It is all of these things and more. Despite what most people think there isnt a set noise level or a set time of day when you can make as much noise as you want or types of noise you can or cannot make. the law is complex. If you have been served with a section 79/80 under the Environmental Protection Act 1990 then you can appeal it just as you can with every other legal notice. there are time limits so look at the date of service and you can represent yourself in court (magistrates) you dont need to pay for expensive legal representation. but you do need to think about the evidence the other side will be producing and how you can counter it. my first instinct would be that the sound insulation between properties if terraced or flats might not be up to building reg standard causing increased transmission.

But, it is rare that Stat noise nuisance notices are served just based on the complainants testimony. the Local authority will either have witnessed the nuisance themselves or have recordings of it. how are you going to counter that? Your best bet is to speak to the officer who issued the notice and say that you want to have some mediation with yourself and your neighbour complaining. Try and resolve this informally. dont let it go to court.

Tinkerbyebye · 02/06/2023 09:51

Anything over 70db is considered very high and can lead to hearing loss. Why on earth would you allow a tablet to be played higher than that? And surely it must be annoying for you as well? Turn the volume down to a normal level and no issue

GladAllOver · 02/06/2023 09:42

We have that exact same tablet, and just with the door closed you can't hear it in the next room. There is something more to this. Your TV will be much louder - why are they not complaining about this?
Are your kids playing games on the tablet and screaming and shouting?

SpringIntoChaos · 02/06/2023 08:49

As others have said...the source of the noise you are making is irrelevant! The facts are, you are regularly (and apparently without and kind of remorse!) exceeding the acceptable noise level!

Noise Abatement Orders
MooseAndSquirrelLoveFlannel · 02/06/2023 08:25

I work as an antisocial behaviour officer and so I can categorically tell you that to get an abatement notice the council will have recordings which evidence a breach of statutory noise nuisance regulations.

Usually they start out with something like The Noise App and then progress to calibrated in home noise monitoring systems, something like a matron system.

A tablet is unlikely to be the cause, but not impossible.

I would suggest turning your tablet down, or using headphones. Breach of a noise abatement notice is a very serious offence, with serious consequences. I'm not sure from your post if one has been issued, or if you have received a letter from the council about noise and they've warned this is the possible legal recourse if you don't stop the noise. If its the latter, it's simple....stop the noise. If it's the former, you would have been in court to witness the evidence.

Thesunnymood · 02/06/2023 08:21

These are comparisons to your noise level you indicated. That is one hellova good speaker on that tabletand how theheck can you dtand that long time

Noise Abatement Orders
OhmygodDont · 02/06/2023 08:16

Your letters from the council will of set this all out. They will of told you what level and for how long would count as an issue.

Your human rights to listen to your tablet do not override the human rights of others to not have to listen to your tablet in their own home. That isn’t some kind of sneaky get out clause. Because that’s what your looking for, not to actually fix the problem but to get to do whatever you want knowing it’s impacting your neighbours.

Getting this abatement order will of taken a long time, diary’s and sound recording equipment it’s incredibly hard to get one actually put in place so quit with the it’s only a tablet and stop being a bad neighbour smh. If you know it’s one certain room or item then don’t do that exact thing by that particular wall. It’s simple.

cryinglaughing · 02/06/2023 07:53

You seem to have made the assumption that it is the tablet that is the problem.
Documents you should have been sent by environmental health will spell out exactly what the issue is.
Ie. My friend's neighbour had a noise abatement notice served on them and it specifically states about dogs barking, howling and whining.

Whatever noise you are making needs to be stopped, it really isn't fair on your neighbours.

Also, you don't mention the noise you hear from them.
Surely if they can hear your tablet/TV, you can hear them. If you can't, then you're definitely too.noisy.

Bargellobitch · 02/06/2023 07:44

Muncha · 02/06/2023 07:16

Just turn it down, you're obviously being a menace to someone for them to have got this against you. They don't hand them out like toffees.

Yep this. And you seem very focused on the wall and the impact on your, rather than the fact you've obviously made someone's life so difficult they saught legal help. Reflect on that?

Is this the only problem with the neighbour?

Bargellobitch · 02/06/2023 07:41

YearingPlugs · 01/06/2023 19:58

Bargellobitch

that is a reasonable view on the face of it for sure
agree that the noise in the affected home would have or should have been measured
but that pre-supposes that there is a reasonable level of sound insulation between the houses, which I dont think there is

Measuring the sound with the affected home doesn't pre suppose anything re the sound insulation. If it too loud in the other person's house it's too loud regardless of the reasons for why.

BiscoffAnythingIsTheWayForward · 02/06/2023 07:34

I’m only here to comment on the usefulness of sound insulation I’m afraid 🫣 My neighbours bathroom wall adjoins my youngest sons wall. My son is autistic and very sound sensitive. The neighbour isn’t the quietest, bashing around in the bathroom etc at all times…his prerogative in his own home. I mentioned to him a few times in a gentle manner that we could hear everything, literally can hear him peeing in to the toilet. 😬 Eventually I decided I would just soundproof that wool with rockwool soundproofing insulation and plasterboard over. It has reduced the loudness of sounds 10 fold. It’s now not enough to wake him essentially. Which I think is amazing because both rooms are about the same size, and essentially box rooms. It’s a tad drastic, to do the whole house, but needs must of the tablet user won’t turn the sound down or use headphones. If that’s all it is, I’d just suck it up and encourage headphones tbh.

LlynTegid · 02/06/2023 07:19

I would consider 75dB if a regular and continuous noise to be unacceptable. From the information provided so far.

A Council taking noise issues seriously seems a rare event.

Muncha · 02/06/2023 07:16

Just turn it down, you're obviously being a menace to someone for them to have got this against you. They don't hand them out like toffees.

sparklefresh · 02/06/2023 06:09

Nuisance is subjective, yes, which is why they will have been monitoring the noise with equipment and measured the decibels. You're focusing on the wrong things. The insulation doesn't matter, the size of the tablet doesn't matter, the noise levels and frequency do matter.

YearingPlugs · 02/06/2023 05:50

I agree wrt excess noise

but what is excess noise

there is also unreasonable intolerance too

nuisance is subjective and so it should be defined to be more objective wrt to levels and socially acceptable times

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hattie43 · 02/06/2023 05:45

Excess noise is a plague and a real anti social behaviour. It's the drip drip and it must be bad for someone to be able to get the order . Just be quiet and have some consideration.

YearingPlugs · 02/06/2023 05:39

is 8pm or 7pm an unsociable time?
and again a 10.5 inch tablet?

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Greengagesnfennel · 02/06/2023 00:14

There is no way they will have got that order issued without official council specialist recording in the other property. It has to show that on repeated and frequent occasions at unsocialble hours that noise was above the accepted levels.

I suspect the TIME you are using the offending noisy tablet is most relevant here.

YearingPlugs · 01/06/2023 23:47

JuneOsborne

thanks for teh clear advice

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JeandeServiette · 01/06/2023 23:00

Theunamedcat · 01/06/2023 20:10

Don't they need to record noise levels first?

Usually, yes. My sister had an epic saga to get one against her nuisance neighbours. You could feel the bass line of the music through your feet in her house. It still took almost a year, measuring equipment and so on.

JuneOsborne · 01/06/2023 22:52

In nuisance law it doesn't matter about the insulation you are fixed on the wrong thing.

You will have been written to. Multiple times. Did you ever call the officers? Have they spoken to you?

Even with an order served of you are not making enough noise that it would constitute a nuisance you have nothing to worry about.

However, gently, I suggest that the problem is bigger than you think.

You need to be very clear for us to help you.

You also need to speak to the officers.

Lay it all out, in steps, what the timeline of all of this is.

YearingPlugs · 01/06/2023 22:40

JuneOsborne

deep breath is good advice for sure
issue is noise insulation I think
because I have tested the tablet behind a stud wall and you cant hear anything
so that same noise is not unreasonable against a reasonably insulated wall
my point being playing a tv in a japanese room (paper walls) -would be unreasonable as an extreme example

and that is my point it is that the nosie from the tablet is not unreaosnably loud against a normal terraced house wal (having reasonable sound, insulation); nothing extra-ordinary; just ordinary normal sound insulation iaw modern building standards

so it may reach the threshold of noise nuisance, but I dont know what that is

thanks

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