WI-07/NC/07
ENVIRONMENTAL HEALTH & LICENSING / Rev 2
Page 6 of 6

WORK INSTRUCTION

SUBJECT: Commercial Noise

STATUS: IMPLEMENTED

CONTENTS:

1.0  LEGISLATION AND GUIDANCE DOCUMENTS

2.0 STANDARD DOCUMENTS

3.0 ACTION FLOW CHART

4.0 GUIDANCE NOTES TO WORK INSTRUCTION

Date of Implementation:
Originated / Approved / Added to Manual / Date / SIGNATURE
Original / PAS
Amend 1 / CR / AS
Amend 2
Amend 3
Amend 4

1.0  LEGISLATION AND GUIDANCE

Part III Environmental Protection Act 1990

Noise and Statutory Nuisance Act 1993

British Standard BS4142 (1997) Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas

Planning Policy Guidance Note 24 Planning and Noise

Noise Council : Code of Practice on Environmental Noise Control at Concerts (1995)

Institute of Acoustics : Good Practice Guide on the Control of Noise from Pubs and Clubs (March 2003)

Chartered Institute of Environmental Health: Noise Management Guide (1997)

British Standard BS7445 Parts 1-3 (1987): Description and Measurement of Environmental Noise

Licensing Act 2003

2.0  STANDARD DOCUMENTS

CS5 Noise Disturbance Diary

EPA36 Letter to Complainant

EPA37 Letter to Noise Maker

CS10 Noise Abatement Notice

CS11 Noise Abatement Notice

4.0 Guidance Notes to Work Instruction

1. It is important that essential details are transferred to the computer as soon as possible. Where possible this shall include the following:

i)  Name, address and telephone number of complainant.

ii)  Name, address and telephone number of noise source.

iii)  Character, duration and frequency of noise.

iv)  Whether the complainant has contacted the noise maker/source.

v)  Any potential violence at work issues.

Anonymous complaints shall not be investigated, as evidence can not be gathered.

  1. Complaint shall be allocated to an investigating officer as soon as possible, ideally in the same working day.
  1. The complainant shall be contacted within the performance target specified on the computer system, UNIFORM. Contact shall be by visit, telephone, email or letter. Where appropriate the complainant shall be advised to keep a note of future noise occurrences, particularly date, time, duration, type of noise and its affect on the complainant. Where appropriate the complainant shall be sent Council Noise Disturbance Diary Sheets for completion. EPA36 may be used. A record that diaries have been sent shall be made. At this stage of an investigation, a statutory noise nuisance may be witnessed and it may be necessary to serve the abatement notice prior to notifying the noisemaker or without parties supporting evidence. It is envisaged that this course of action will be rare. Prior to this, an attempt shall be made to contact the alleged noise maker.
  1. Complainant may choose not to pursue complaint.
  1. Officers shall close case and shall enter action on UNIFORM. Where appropriate action and details of complaint may be recorded on premises file.
  1. The alleged noise maker shall be advised of the subject of the complaint as soon as possible. Appropriate advice shall be given. This may include practical measures to reduce the noise. In order to ensure that any surveillance is not covert, the noise maker shall be advised that evidence can be gathered by way of disturbance diary, an officer witnessing or use of monitoring equipment. Letter EPA 37 maybe used.
  1. An investigation shall be carried out by the investigating officer. Appropriate details of the entire investigation shall be recorded on the computer, and where appropriate, recorded on the premises file. In all cases the premises file shall include details of all correspondence and emails with parties involved, copies of any statuary notices, copies of any noise reports and assessments and copies of any prosecution papers. If appropriate, the details of the Council’s Noise Patrol Service shall be given to the complainant.

8. Arrangements shall be made to witness the noise either by personal visit at a time when the noise is likely to occur or the installation of Digital Audio Tape (DAT) recording equipment. If after three attempts the noise is not witnessed, the case officer shall review if any benefit will be gained from further investigation. Three attempts shall include installation of a DAT recorder for at least one week, a noise patrol visit, or personal visit at any other time when the noise is likely to occur, or a combination of these.

9. Subjective assessment of the noise is in some cases deemed inadequate, and although not compulsory, objective noise measurements may be made.

10. Where appropriate the Council’s Planning Team shall be advised in writing of the details of the complaint.

11. Where appropriate reference shall be made to Planning Policy Guidance Notes PPG24, British Standard BS4142, and any other relevant guidance.

12. Throughout the investigation the complaint(s) and party causing the noise shall be routinely updated on the progress of the case.

13.  If the evidence gathered by the investigating officer does NOT constitute a statutory nuisance the complainant shall be contacted as soon as possible and advised that the case is being closed. Where appropriate the complainant shall be advised that they make their own action under Section 82, Environmental Protection Act 1990.

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