Category | Yes | No | Notes |
|---|
Appropriate Service |
Has the source responded to previous informal action? | | | If more than 6 months since the latest complaint, the source has resolved a noise problem satisfactorily in response to an informal request, this may be more appropriate than serving a notice. |
Does the source have a history of non-compliance? | | | If the source has not responded satisfactorily to informal request or the problem has recurred after less than 6 months, service of a notice may be needed to secure abatement. |
Is the case a serious or deteriorating situation? | | | If the noise nuisance is serious i.e. long term, long duration or getting worse, service of an abatement notice will be necessary. |
Is the case a 'one off' or isolated occurrence? | | | If the nuisance is unlikely to recur, an initial informal approach, followed by a notice if there is no improvement is recommended. |
Is the case part of a series of related incidents? | | | Are the noise makers causing serial nuisance i.e. moving from one premise to another - if so service of an abatement notice is recommended to discourage return. |
Is the nuisance in existence at present? | | | If a nuisance has ceased, abatement notices should not be served unless there are reasonable grounds for the view that the nuisance will recur. |
If the nuisance does not exist at present, is it likely to occur? | | | Abatement notices can be served to in advance to prevent the occurrence of a nuisance. This needs to be supported by firm evidence of the likely occurrence of a nuisance. |
If the nuisance has occurred, it is likely to recur? | | | If the nuisance is likely to recur, an initial informal approach, followed by a notice to reinforce is recommended. |
Administration |
Is a RIP(S)A 2000 authorisation needed? | | | RIP(S)A authorisation is needed for DAT or Minidisc recording device installations. Immediate response to complaints does not need authorisation (section 26(2)( c) |
If so, is a signed authorisation pro forma on file? | | | |
Are sufficient copies provided for premises file/noise patrol/licensing, etc? | | | |
Proof of service | | | A pro-forma endorsement confirming hand delivery or 1st class posting to be applied to copies of the notice or copy of recorded delivery slip to be attached to file copy and details of notice service recorded. |
Legislation Applied |
EPA '90 section 79 (1) (g) - Noise Emitted from Premises | | | Check that the legislation quoted on the notice is correct and applies to the circumstances. |
EPA '90 section 79 (1) (g) - Noise from V, M or E in Street | | |
CPA '74 section 60 - Noise from Construction Site | | |
Notice Contents |
Correct service on all persons responsible/owners/occupiers | | | Check for evidence (section 16 questionnaires, interview notes, land registry returns, etc.) that the person/organisation being served is a person responsible for the nuisance, i.e. the nuisance arises due to their "act, default or sufferance". |
Individuals - Is the notice served on named persons at their last known address? | | | N.B. See section 160 EPA '90. |
Limited Companies - the notice should be served on the named company at their registered office, with the envelope addressed to the "Company Secretary" at the company's registered office? | | |
Partnerships - Is the notice served on a partner or partners exercising control of the business at the principal office of the partnership? | | |
Schedule - Does any schedule correspond to the notice? | | |
Is service of notice notified to other persons responsible and interested parties? | | | Should be indicated on the notice and copies. |
Covering Letter | | | If used, check covering letter. Make sure this does not contradict or confuse the notice. Ensure that the covering letter invites the recipient to contact the case officer/lead officer to discuss any alternative works they would prefer. |
Is the notice signed by an appropriately authorised officer? | | | Either:the officer who witnessed the statutory nuisance, if authorised; oran appropriately authorised officer in possession of detailed information that could be incorporated in a witness statement justifying service. |
Readability - Does the notice read well? Is it intelligible? Is the language used as plain and simple as possible? |
Notice Contents |
Checked for typing/spelling errors. | | | |
Identification of the Nuisance - Does the notice identify the nuisance precisely? | | | i.e. for plant noise, state the location, type and model of noisy plant if possible. For domestic noise state the address and type of the noise. For VME state the registration number, make, model and position in street relative to a fixed point/address. |
Notice Requirements/Schedule - Two types of abatement notice can be served. Either: simple "abate the nuisance" notices, in which case make sure no explicit or implicit reference is made to works in the notice or covering letter; or precise specification of works and steps, in which case make sure these have been discussed with the noise team and the works are specified sufficiently precisely for the recipient to abate the nuisance without reference back to the Council. | | | Ensure that statements along the line of "or other works of an equivalent effect" or "to the local authorities satisfaction" are not added to the abatement notice schedule. The Court of Appeal has decided (Falmouth & Truro PHA Vs SWW 2001) that LAs have discretion whether to serve abatement notices that simply require abatement of the nuisance or to specify the steps or works necessary to adequately restrict or abate the nuisance. The High Court has held that the statement "cease the playing of amplified music at levels which cause a nuisance at neighbouring premises" means effectively the same as "abate the nuisance". ( SFI Vs Gosport DC 1998). The High Court has also held that simply specifying noise level targets is acceptable (Sevenoaks DC Vs Brands Hatch Leisure Group Ltd 2000) Precise specification of works is often useful as all parties know what needs to be done to comply with the notice and monitoring of compliance is relatively straightforward. The test being whether the specific steps/work or agreed alternatives are executed in the relevant time period, there being no need to revisit the question of whether nuisance is still occurring etc. |
Time period for compliance, is it reasonable? | | | Is the time given demonstrably "reasonable"? i.e. does it allow sufficient time for the necessary measures to abate/adequately restrict the nuisance to be implemented? N.B. "Forthwith" or "immediate" are allowed for noise that can be resolved easily and quickly reduced i.e. by turning down music noise levels or shutting open doors/windows (see Brighton & Hove Council Vs Ocean Coachworks (Brighton) Ltd - [2001] Env LR4) Where more complex steps are necessary i.e. sound insulation works, fabrication of bespoke acoustic attenuation units, noise surveys by acoustic consultants etc, does the reasonable time for compliance take these factors into account? Discuss with the Noise Team. |
Shall the abatement notice be suspended if appealed? If not, on what grounds is suspension withheld? | | | Check that the relevant sections of the suspension paragraph have been included if the intention is for the notice not to be suspended if appealed. Ensure that the withholding of suspension of the notice if appealed can be sustained at appeal. |
Is the notice signed, dated and timed where appropriate? | | | |
Are the case officer/lead officer's name and contact details given on the notice? | | | |
Are the standard notices regarding appeals attached to the notice? | | | |
Reviewing Officer's Approval Prior to service, all abatement notices should be reviewed and approved by another authorised officer. In the case of non noise patrol staff, their Line Manager and for noise patrol staff at night, their co-worker. | Details of amendments required or reasons for withholding approval of service should be given. |
Approved for Service | YES NO |
Name of Reviewing Officer: Position: Date: | ………………………………………………………………… ………………………………………………………………… ………………………………………………………………… |
Appeal to Service Manager. Name of Service Manager: Position: Date: | If the author of the notice does not agree with the reviewing officer's comments and /or withholding of approval of service they can appeal to the service manager for their team. Details of reasons for challenging the line manger's requirements for amendments or withholding approval of service should be given. …………………………………………………………….. ……………………………………………………………… ……………………………………………………………… |