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Vale of White Horse District Council
Abbey House, Abbey Close,
Abingdon, OX14 3JE
Email: comments@whitehorsedc.gov.uk
Telephone: 01235 520202

What the Council can do about noise nuisance

Once a complaint has been made to the Council, an informal letter will be sent to the person who has been complained about to inform them of the problem.  At this stage, details of the complainant are kept confidential.

For the Council to take legal action on noise nuisance it must be satisfied that a statutory nuisance exists and there is enough evidence to support the case. In order to help assess the noise nuisance the person who has complained will then be asked to keep a diary detailing when the noise occurs and how the noise affects them. 

Noise monitoring equipment may be installed in the premises affected if the diary indicates a nuisance exists.

An Environmental Health officer may also pay a visit when the noise occurs to make an assessment of whether the noise complained of equates to a statutory noise nuisance.

If a statutory nuisance is found to exist, an Abatement Notice will be served to prohibit or restrict the noise.

If the noise continues, the complainant will be asked to continue to keep a nuisance diary and an officer will make another visit when the noise is alleged to occur.

In some cases where the noise problem persists, the Council can obtain a warrant to enter premises and seize nuisance making equipment under the Noise Act 1996.

The final option open to the Council is to take the offender to a Magistrates Court where a fine of up to £5,000 may be imposed for breaching the Abatement Notice.

If following the initial assessment, the Environmental Health officer does not feel that the noise constitutes a statutory nuisance the Council will not be able to take any further action. However people can take private action through the Magistrates Court if they feel they are still suffering from noise problems. See Taking your own legal action on noise nuisance for more information.

In extreme cases, when other measures have not solved the problem, the Council may even consider applying for an Anti-Social Behaviour Order (ASBO). For more details about ASBOs see our Anti-social behaviour page.

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