There is an extremely noisy construction site near my house. The notice can be served on the person responsible for the noise, who then has 21 days to appeal. The notice may require that the noise be stopped altogether or limited to certain times of day. What is an abatement notice? An abatement notice can be served by the local authority if they are satisfied that a noise problem amounts to a statutory nuisance. Guidance issued in Scotland to accompany the Public Health (Scotland) Act 2008 gives a comprehensive account of the relevant background and case-law. For noise to amount to a statutory nuisance, it must be "prejudicial to health or a nuisance" - see section 79(1)(g) and (ga) of the 1990 Act. What is a statutory nuisance? Local authorities have a duty to deal with statutory nuisances under the Environmental Protection Act 1990. For instance, the level of noise, its length and timing may be taken into consideration in ascertaining whether a nuisance has actually occurred. When does noise become a nuisance? English private law defines a nuisance as "an unlawful interference with a person's use or enjoyment of land or of some right over, or in connection, with it." The process of determining what level of noise constitutes a nuisance can be quite subjective. Noise accounts for most of the complaints that local councils and the Environment Agency receive about environmental pollution, and is a major source of stress.
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At certain decibels, it can be hazardous to health, with low frequency noise as damaging as loud noise. Noise could occur unexpectedly, or be too loud or repetitive.
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What is noise? Generally, noise can be defined as any unwanted sound. The headings below explain the legal steps that can be taken if you have a problem with noise in your neighbourhood.