 Noise is subjective but science can help |
A resident has appealed against a noise abatement notice
issued by Westminster Council and won in a case estimated to have cost the
council £20,000.
The notice was served against a domestic property for an
alleged nuisance of playing loud music.
A judge at Westminster magistrates’ court upheld the appeal
on a number of grounds including insufficient evidence.
The case has raised the question as to whether recording
equipment should now be used routinely across even domestic cases.
Acoustic Consultant and md of Big Sky Acoustics, Richard
Vivian, was called to provide expert witness for the appellant in this case. He
argued that local authorities ought to be taking advantage of technological
advances and use recording equipment.
He said this could help them ’present noise evidence that
could prove or disprove an allegation, saving them thousands of pounds of
public money in court proceedings.’
Vivian said the court costs involved in challenging the
notice were in the region of £10k and as the judge awarded the appellant her
costs, this too would have been in the region of £10k.
The judge in the case was critical that there was no
corroborative evidence, that the notice was served after just one 15-minute
visit and that holding occasional parties was a reasonable domestic use.
The judge also found the notice was insufficiently detailed
as to how to comply and that it interfered with her right to family and private
life.
The notice meant the only way she could comply was to never
play music in her home, which itself the judge found was unreasonable.
It is common practice for EHOs to listen to the noise within
a domestic property to determine whether it is reasonable.
Vivian said EHOs would still be required to provide context
around noise nuisance and help determine reasonableness.
He noted that the Environmental Protection Act 1990 (EPA 1990) and the Act does not actually
stipulate that noise recordings are required.
But he added: ‘Common sense would dictate if you have the
technology to help prove your case then why not use it?
‘That's somewhat at odds with our scientific world:
motorists are not fined for looking like they might be too tipsy or going too
fast. Scientific measures are put in place to quantify speed and intoxication.
‘Similarly, Environmental Health Officers would not expect
to subjectively assess the temperature of food being stored, they would use a
thermometer.’
Westminster Council refused to comment.
Vivian said that Hull, Wakefield, Leeds, Reading, Wiltshire,
Newham use the sound level meters to measure and record noise complaints.
Noise monitoring experts Cirrus Research said it supplies 90
local authorities – around a third - nationally with sound monitoring
equipment.
An appeal against a noise abatement notice lost by
Southampton City Council and reported in the June issue of EHN magazine also
suggested local authorities may need to take a more scientific approach.
This went to the High Court and it was suggested that the
council’s evidence would have been more credible had a scientific assessment
taken place involving noise measurement recordings.