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CHAPTER ONE: INTRODUCTION
Background to the study
1.1 DTZ Consulting & Research ( DTZ) was commissioned by the Scottish Executive to undertake an evaluation of Local Authority ( LA) Antisocial Neighbour Noise Nuisance Services. Although just one element of overall noise exposure, antisocial neighbour noise nuisance experienced in the home can have significant impacts for those experiencing the problem. Its effects on individuals and communities may be considerable, with negative impacts on quality of life, social harmony and even personal health - and yet it may often be directly remedied, prevented or discouraged.
1.2 In order to address this problem, provisions offering Local Authorities greater powers to handle noise complaints were enshrined in Part 5 of the Antisocial Behaviour etc. (Scotland) Act 2004 ( ASBA), which came into force, along with accompanying regulations to approve noise levels and measuring equipment, on 28 February 2005. The Executive is committed to funding the implementation of these Provisions and has provided £4.9m for 2005 and £10.6m for 2006-2008, secured under the 2004 Spending Review. This funding takes the form of a specific grant payment to Local Authorities implementing Part 5 of the Antisocial Behaviour etc (Scotland) Act 2004 and is intended for staffing (including police secondees), equipment and training. Twenty-five Councils have applied for 2006/07 funding and they are required to monitor and report to the Executive on the operation of the service.
1.3 Acknowledging this context, the overall aim of the study is to evaluate the operation of LA Neighbour Noise Nuisance Services. The value for money of these services will be assessed taking into account, where relevant and possible, any comparisons that can be made of the various costs associated with:
(a) LAs taking action under Part 5 of the Antisocial Behaviour etc (Scotland) Act 2004 ( ASBA), and
(b) LAs taking action under section 80 of the Environmental Protection Act 1990 and section 49 of the Civic Government (Scotland) Act 1982, and the police taking action under section 54 of the Civic Government (Scotland) Act 1982.
Study objectives
1.4 The seven objectives for this study are provided below.
1. To identify all resources required to operate or replicate the services and their outcomes.
2. To assess whether the services offer a cost effective response to neighbour noise nuisance, including, where applicable, a comparison with alternative responses to neighbour noise nuisance.
3. To assess the role of ASBA Noise Investigation Officers ( NIO), including consideration of NIO responsibilities in relation to other EHO duties and whether or not an appropriate responsibility balance is achieved (including a comparison of salary levels and recruitment methods).
4. To gather views and experiences of how the ASBA noise provisions are being implemented.
5. To gather views on relevance and presentation of the Institute of Acoustics/Royal Environmental Health Institute of Scotland and the Certificate of Proficiency in Antisocial Behaviour etc (Scotland) Act Noise Measurement training.
6. To gather NIOs' views and experiences on whether the noise levels, including background levels and set permitted levels, are appropriate and workable, where applicable.
7. To review the guidance and users' views of the guidance, making suggestions for revisions and good practice.
Study approach
1.5 Figure 1.1 illustrates the key stages of the research methodology.
Figure 1.1 Key stages of the research
1.6 The desk research and analysis of monitoring information was based on information provided by the Scottish Executive and case study LAs, as well as existing legislation and guidance on neighbourhood noise and noise-related antisocial behaviour.
1.7 The Scottish Executive funded 25 of Scotland's 32 Local Authorities to assist in the delivery of noise nuisance services in 2006/7. The primary research involved four elements:
- Qualitative research with eight case study areas. These cover 10 LAs providing seven services - this is because the services in the three Ayrshire authorities and in Edinburgh and East Lothian are combined. The LAs involved were: Aberdeen City Council, Angus Council, Ayrshire Councils (North, South and East, which were operating the same service), Fife Council, East Lothian Council, City of Edinburgh Council, Glasgow City Council and Renfrewshire Council. They were chosen as they provided a mixture of highly urban and less urban areas, including LAs in the central belt and in the north and south of Scotland. The members of staff interviewed were decided largely at the discretion of the case study area, due to differences in delivery models, but in each area at least one senior representative and at least one member of delivery staff 2 was interviewed. This process sought to identify key themes in each of the areas, which were synthesised in the reporting. The written recorded findings were distributed to each Local Authority for their verification and approval prior to publication of the report. All the evidence provided in this report from consultations is therefore correct at the time that consultation was undertaken i.e. October and November 2006.
- Quantitative research with Noise Investigation Officers and Environmental Health Officers with an involvement in delivery of the neighbourhood nuisance noise service across Scotland. Two hundred such staff were contacted by email and invited to complete a questionnaire online (or in a Word document where internet access was not available). In total, 84 responses were received, representing a response rate of 42%, from 23 of the 25 participating LAs.
- Quantitative research with households in case study areas considered by the LA to have a concentration of nuisance noise activity. Approximately 100 residents' surveys per case study area were undertaken, a total of 799 across the eight case study areas.
- Postal questionnaire to the seven Local Authorities that have not participated in the initiative to ascertain their reasons for not doing so.
1.8 Cost data was collected for 20 LAs - this covers all LAs who were able to provide cost data for the full period covered by the evaluation (the financial year 2005/06). Whilst more than 20 LAs now operate a noise service, some are relatively recent and were not in place for the entirety of this period and have therefore been omitted.
Report structure
1.9 The remainder of this report is structured as follows.
- Chapter Two provides a summary of desk research of the relevant policy and literature relating to the area of antisocial neighbour noise nuisance services. This includes an examination of good practice, different types of services in existence and legislation and guidance.
- Chapter Three presents the findings of the consultations with the key staff who have responsibility for managing and operating the noise service in each of the eight sampled LAs.
- Chapter Four provides an analysis of the key financial and complaints monitoring data collected by the Scottish Executive and each LA.
- Chapter Five presents the findings of the survey of Noise Investigation Officers in each of the eight sample LAs.
- Chapter Six presents the findings of a survey of residents in each of the eight sampled LAs.
- Chapter Seven provides an overview of the LAs that do not currently operate a noise service and, specifically, their reasons for not doing so.
- Chapter Eight provides the conclusions and recommendations of the evaluation.
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