Noise Abatement Orders

[YearingPlugs]

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

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?

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

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.

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.

thank you all

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!