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Help needed to fight noise dispute from an adjoining business

7 replies

everyanswer · 21/01/2019 11:07

I've name changed as this could be identifiable.

Backing onto our garden is another house which was partly turned into a dentist long before we moved here. 18 months ago, they built an extension to the dentist and stopped living in the house.

After the extension was completed and once the weather changed and we were using our garden, we realised that we could hear near constant noise from the air compressor which is stored in the garden just behind our garden fence. The noise could be heard during the day and into the early evening and sometimes on the weekend, including bank holiday Monday. There are two noises. A low hum and a higher pitched drilling sound. It sounds like a pneumatic drill is being used a street away.

We emailed and appealed to the dentist owner. We were fobbed off with it being teething problems and the compressor accidentally being left on over weekends/evenings. Nothing changed. We reported to the council and started that process but by the time we had reached the stage where they would come out and listen to the noise, it was late September and I was distracted by kids back at school and wasn't in the garden very often. We let the case be closed with the agreement we could reopen it.

Whilst dealing with the council, the dentist said he was going to get it noise insulated and that he had to wait until January to use his builders. We've recently become aware of the noise again, sometimes late in the evening, and we will reopen the case but my dh wrote to the dentist and said he wanted to come over and talk about it. He did - and the owner was arrogant, rude and dismissive, whilst also admitting the compressor had got louder since the extension. There are no builders that are going to insulate the compressor.

We will reopen the case with the council. Can anyone with legal knowledge help me?

When they applied for planning permission to extend the business, we were sent the standard letter to see if we had objections. It did not occur to us that they would be moving the compressor (we believe it has been moved) or that the compressor would be in use to a level that we would notice. Should that have been part of the planning process?

Are there any laws and regulations surrounding the use of air compressors and their use close to residential properties?

How can I find if anyone else has fought and won concerning a dental practice and compressor noise?

They were a private dentist but now have NHS patients. Is there any legislation about NHS contracts that comes into play that we could use against this dental practice?

I know that what legally constitutes a nuisance noise is measured at quite a high reading of db. However, I read something in a magazine about the type of noise being important too and it mentioned low level humming as being particularly irritating. Is there somewhere I can find precedent set for taking the type of noise into account?

Thank you for any help. This increase in noise has ruined the enjoyment of our garden - and the back of our house when doors are open. All he has to do is move the compressor or get proper noise insulation but he's not willing to be compliant.

OP posts:
everyanswer · 21/01/2019 11:08

Sorry for use of dentist where I should have more accurately written dental practice!

OP posts:
Panicwiththebisto · 21/01/2019 11:38

I I think you need to go back to the council, have a nice friendly chat with whoever deals with noise in environmental health and get a noise diary to fill in. Either the council should and measure/assess the noise, or lend you the equipment for you to measure it. You also make a note of when the compressor is working outside of practice hours*.

I'm sure more knowledgable people may correct me, but I understand from British Standard 4142:2014 "Methods for rating and assessing industrial and commercial sound", there are likely to be complaints if the noise is tonal and > 5 dB above the ambient/background noise (>10 dB for non tonal noise).

So for a quiet residential area, I would expect the background noise to be low, and if the compressor is operating(hum and tonal) it is likely to be >5 dB greater.

Also has the dentist got permission for change of use. You need to check on your local council's planning portal too see and if so does this include the compressor on the plans. If not complain to planning and *mention if it is being used outside of working hours.

Very longshot - I would also see if the British Dental Association has any bylaws/rules for its members, and if he's contravening any of them complain to them.

ThreeLeggedCat · 21/01/2019 12:57

Panic pretty much has it spot on. EH for noise nuisance, using BS4142 a good start and see what they’ve got on their planning permission with regard to noise and/or siting of the compressor and go from there.

everyanswer · 21/01/2019 13:24

Thank you for responding to my post.

I've checked the council's planning portal today and there is nothing about the compressor in the documents published. One of the drawings shows the compressor attached to the back of the house. I believe it is not attached to the back of the house and is in a stand alone out-building but would have to have a closer look through the shrubs at the back of my garden. The compressor used to be on a back wall encased in wood. Our ex-neighbour told us she used to complain to them about the noise but I don't think she followed it up formally as far as I know. They retaliated by complaining about her pine tree which dropped needles in their garden and she eventually cut it down, so there's no indications that they are reasonable people. At that time we didn't hear the noise - her house was closer - and it's a shame we weren't able to help her. If we had heard the noise then, we would have known to ask it to be considered during the expansion and change of use. I can only guess the compressor has been replaced by a larger one or it is working harder to serve more surgeries and emitting a louder noise and that is why we can now hear it.

I believe the planning permission stated and granted change of use.

I will explore the dental association option. My husband gave the owner 2 weeks to respond to us and said we would go back to the council. There were indications his wife was more reasonable so I guess we will give them the 2 weeks until I contact the council. Do they have the powers to enter their premises,inspect the machine and measure the noise from source? Can we ask to borrow noise measuring equipment?

OP posts:
Panicwiththebisto · 21/01/2019 13:41

I'm not a legal person, I only mentioned the BDA just incase there is something in their bylaws (sadly being an arrogant shit will probably not be one of them!)

I understand some councils may out noise data-loggers/meters, if they can't do the measurement themselves.

It sounds like other neighbours are also affected by the compressor noise - could you persuade them to join in with the complaints and get your local councillor involved?

everyanswer · 23/01/2019 07:57

Bumping this.

OP posts:
Jon65 · 24/01/2019 02:12

Have a look at private nuisance action in the mags court.

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