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Guide to taking your own action

What you can do to prevent noise nuisance

Step one

  • Discuss the problem with the other party. Often they can take simple steps to stop or reduce the impact of the noise. If the person reacts aggressively, do not put yourself at risk.
  • Write to the other party explaining the problem clearly. Keep a copy of the letter and note the date when it was sent.

Step two

Keep an accurate record on a reporting form [103kb]. Talk to other neighbours and make sure they keep records too.

Step three 

  • You can go directly to the magistrate's court [540kb] either before or after contacting the council. You do not need to have a solicitor, although both you and the other person have a right to be represented.
  • Contact the magistrates court office and explain you want to make an appointment to seek a noise abatement order under Section 82 of the Environmental Protection Act 1990. You must give at least 3 days notice in writing to the person making the noise of your intention to take proceedings. 

Address:

Uxbridge Magistrates Court
Harefield Road
Uxbridge
Middlesex
Telephone: 01895 814646

Step four

  • Attend the court at the time given to you.
  • Explain that you wish to seek a noise abatement order under Section 82 of the Environmental Protection Act 1990, as you are affected by noise that constitutes a statutory nuisance.
  • Take full written records of the evidence to Court with you (take enough copies for the court and the defendant, at least 3 copies).

If the magistrates are satisfied there are grounds for complaint, they may issue a summons to the person responsible to attend a court hearing  where the magistrates will determine if an order should be issued to stop the noise.

You are entitled to claim your costs, if successful. You may be liable to pay costs if your action is unsuccessful. The magistrates may impose a fine on the defendant if they subsequently do not comply with the Court Order.

Step five

After the summons has been issued, continue to keep records.

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Article utilities:  Bookmark and Share Print Print this page Last updated: 30 Aug 2017 at 10:51