We investigate noise problems such as:
- persistent loud music from both domestic and commercial premises
- barking dogs
- sounding alarms.
When noise from a neighbour becomes a nuisance, we suggest you approach the neighbour first to speak with them about it. This usually resolves the problem quickly and is a better long-term solution.
- tell the person concerned that noise coming from their property is causing a problem as they may be unaware of this
- please ensure you are calm, fair and open when discussing problems and ask for co-operation
Make a noise complaint
Should the situation not improve after speaking with your neighbour or if you do not feel confident about approaching them directly please report this to us online.
We can investigate some noise complaints as a statutory nuisance. The process below is for the most common domestic noise complaints. The procedure may be different for some commercial noise complaints. We are able to use a quicker process for some complaints of continuous noise eg. a burglar alarm continually sounding.
Before you make a complaint you should be aware of what this entails:
- a statutory nuisance investigation is a formal, legal process which can result in a prosecution and seizure of equipment. Although most cases do not go through the full process you will be required to appear in court as a witness if they do reach that far.
- the process requires a substantial involvement from you in the form of evidence gathering, making noise recordings, providing witness statements and possibly appearing in court. A lack of co-operation in this respect would mean that we cannot pursue the case.
- we do not accept anonymous noise complaints as the law requires that we have to prove the noise is affecting an identifiable person. Although we do not reveal your details in the early stages of a noise investigation you should be aware that they can be revealed at the stage where a legal notice is served.
- because we have to prove any case to a legal standard the process can be time consuming. If the case goes to court that time period is controlled by the courts rather than ourselves.
- we can only investigate a complaint if it falls within the legal definition of a statutory nuisance eg. Road noise is exempt from this definition so we cannot investigate these complaints as we have no legal powers to do so.
- this process is intended for serious noise issues which meet the legal criteria, not for minor or occasional noises. Just because you can hear a noise does not mean it will meet the criteria for it to be classified as a statutory nuisance.
- the legal precedent is that expectations are based on the average person. We cannot take into account the requirements of night workers, people working from home or those who are particularly noise sensitive.
The investigation process:
- we will ask you to keep diary sheets for a period of time. These help us to decide whether there is likely to be enough evidence for the case to continue. The diary sheets must be detailed and kept accurately as they will form part of your statement in the event of the case going to court.
- when you return the diary sheets and if they provide sufficient evidence we will contact your neighbour to make them aware that there has been a complaint and requesting them to prevent the nuisance.
- we will attempt to gather evidence of the noise causing statutory nuisance either by in person monitoring or by placing noise recording equipment in your property – you will need to be present to operate this.
- if we are able to gather sufficient evidence we will then serve an abatement notice on the source of the noise. This is a legal notice requiring the noise to be reduced. Note, this is unlikely to require the noise to be completely inaudible.
- if an abatement notice is breached after the appeal period has expired then we can take a prosecution. In some cases we can also apply for a warrant to allow us to seize equipment eg. We could seize the audio equipment being used to play loud music.
We may find that after our investigation there is not enough evidence for us to take formal action. However, you may still take private action to resolve an issue that you believe is causing a nuisance. At this stage we will provide you with information that may assist you in pursuing a private action.
We do not deal with complaints about roadwork noise, you should report issues with roadwork noise to Lancashire County Council
We do not deal with complaints about new road traffic noise, you should contact Highways England on 0300 123 5000.
Examples of things that have been found not to be a noise nuisance:
- a person carrying out domestic DIY work during the day and at weekends over a few weeks
- noise from children playing on a trampoline
- a party that happens only a few times a year
- footsteps from a neighbouring flat that could be heard due to poor sound insulation.
You can contact us if a car alarm has been going off for more than 5 minutes, or an intruder alarm at a property has been sounding for more than 20 minutes. We have the legal right to turn them off, although we always attempt to find the owner/ occupier first, and would never leave a property or vehicle insecure.