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Domestic complaints can often be settled amicably between the parties without local authority involvement. An informal approach by the complainant is not only courtesy, but also the first step in resolving any differences.
Complaints can be made in writing, by telephone, in person or through a third party such as your local councillor.
You will be asked to give full details of the complaint, together with details of occurrences, action already taken and any previous complaints. Anonymous complaints will not normally be investigated.
Investigating a complaint
The complaint will be investigated by the appropriate officer, who will discuss the nature of the complaint to clarify issues relating to the problem and explain the procedures for dealing with the complaint. This will include identifying when the noise is at its worst and most intrusive, where appropriate.
You will be forwarded some complaint log sheets to complete with all the details of the problem, i.e. dates, times, duration, type and severity of noise.
The person(s) being complained about will also be notified that a complaint has been made, giving them the opportunity to discuss the matter informally. They will also be informed that if the complaint did continue, monitoring may be undertaken to substantiate the problem.
If the noise continues, after receiving the log sheets, either a tape recorder will be given to the complainants to record the noise, or monitoring visits will be arranged by the investigating officer. Complainants will be asked to co-operate where appropriate. We do not operate a 24 hour call out service for noise, although pre-arranged appointments can be made for out of hours monitoring.
If, after this, the Officer is satisfied that noise amounting to nuisance exists, we have a duty to take action to stop the nuisance.
This may, in the first case, be informal action (e.g. by further letters) against the person causing the nuisance. Where informal action is unsuccessful, or where informal action is considered inappropriate, formal action under The Environmental Protection Act 1990 will be taken. You will be required to give a statement of the facts of the complaint at this stage, which may be used in court proceedings.
If, after three separate visits the Officer has not been able to witness any noise or only noise which is not considered to be a nuisance, the complainant will be informed:
of the action already taken to investigate the complaint
that the council is unable to take further action
how to take their own action in the Magistrates' Court under Section 82 of the Environmental Protection Act.
Follow up
The recipient of a notice served under Section 80 of the Environmental Protection Act 1990 has a right to appeal to a Magistrates' Court. The court can confirm, amend or quash the notice.
If, once the time specified in the notice has expired or where an appeal has been heard and overruled by a court, the requirements of the notice are breached, we can prosecute the offender in the court. If the prosecution is successful then the offender may be fined.
General comments
We have a number of leaflets available which give advice on a number of aspects of noise.
We will keep the identity of the complainant confidential when the complaint is being investigated. However, you should remember that in certain circumstances your identity may be known to the offender (e.g. semi-detached property noise).
Contact details
South Derbyshire District Council
Environmental Services
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH
Tel: 01283 595724
Fax: 01283 595855
Online: enquiry / report form
Online: anti-social behaviour report form
email: environmental.health@south-derbys.gov.uk
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