Nuisance
Commercial and industrial noise
Noise from industrial and commercial premises can disturb people living nearby, particularly at night.
Examples include:
• machinery noise
• external dust arrestment equipment
• construction and demolition noise
• entertainment noise
• ventilation systems
• public address systems
• intruder alarms.
What can the Council do to help?
The Council can only take action if the noise can be defined as a statutory nuisance. There is a lot of case law defining statutory nuisance but in simple terms a noise nuisance is any regular noise which prevents somebody from enjoying their home. Although it is unreasonable to expect total quiet at all times in your home, neither are you expected to put up with frequent noise intrusions.
The Council will assess the noise and decide if a statutory nuisance exists. This assessment can utilise one or more of the following methodologies:
• Rating industrial noise affecting mixed residential and industrial areas using BS 4142:1997.This standard describes a method for assessing whether noise from the industrial source is likely to give rise to complaints from people living in the neighbourhood. It compares noise from the source with the background noise level. As the margin between the measured noise and background noise increases, so does the likelihood of complaint.
• Some industrial noise is controlled by permits issued under the Pollution Prevention and Control Regulations. These permits relate to the more polluting industries and are regulated either by the Environment Agency (Part A1 processes) or by Cannock Chase Council (Part A2 processes). The Environmental Health section is asked to comment on planning applications for new commercial and industrial premises near to housing and vice versa by the Planning Department. The section makes recommendations on appropriate planning conditions to ensure that noise problems will be minimised.
• Places selling alcohol became subject to the new licensing legislation, which came into force on 24 November 2005. The new Act not only allows for controls over opening hours, (including people leaving the premises), but also provides measures to control entertainment noise from the premises. During the conversion period Environmental Health commented on all applications for extended hours and recommended conditions to ensure that the premises do not cause public nuisance. If there is a noise problem from licensed premises in the future, Environmental Health can request a review of the licensing conditions as well as dealing with it under statutory nuisance provisions.
If you experience noise nuisance likely to cause a breach of the peace (e.g. a noisy public house spilling onto the street with the risk of violence or damage to property) then the police will be able to intervene, they can be contacted on (08453) 302010
Telephone: 01543 462621
Use our feedback form or find key contact details and numbers.
