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Economic Strategy Priorities for Sustainable Growth and Prosperity

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Lab B- Noise Nuisance Investigation 1.0 Introduction

2.1 Background
Environmental Protection UK states that “sound is essential to our daily lives, but noise is not – noise can be defined as unwanted sound. It is a source of irritation and stress for many people and can even damage our hearing if it is loud enough. Many of us are exposed to stressful levels of noise at home and at work.” (http://www.environmental-protection.org.uk/noise/environmental-noise/noise-pollution/)
Part III, Section 79(1) of the Environmental Protection Act 1990 prescribes that noise emitted from premises can constitute a Statutory Noise Nuisance if it disturbs local residents and prevents people from enjoying their homes.

The following is a list of the types of noise which may constitute a Statutory Noise Nuisance: * Television and stereo noise * DIY noise * Car repairs * Barking dogs * Burglar alarms and car alarms * Noise from licensed premises * Noise from construction sites * Factories and industrial premises * Loudspeakers in the street * Takeaways and other businesses * Noise from cockerels and other domestic foul

Local authorities have a duty to manage neighbourhood noise and nuisance and a responsible for the implementation of these policies under the Environmental Protection Act 1990. According to DEFRA “The cost of noise pollution in the UK from environmental noise alone is estimated to be between £7 billion and £10 billion per year. This figure comprises annoyance to the public, the adverse health effects that can be quantified and loss of productivity.” 2.2 Relevance
Noise control is a major element in environmental health. It is the responsibility of the environmental health department at your local council to deal with noise complaints and ensure relevant controls are in place. Where a district council is satisfied that noise amounting to a nuisance exists, or is likely to occur or recur, in the district of the council, the council shall serve a notice. If a person is experiencing a noise nuisance they should keep a record of the times they have spoken to their neighbours and copies of any letters written. A diary of the dates and times the nuisance occurs, its duration and the effect it has should also be taken. An investigation will then be carried out by an environmental health officer. The diaries will allow the officer to assess the nature of the particular problem and allow them to choose the best method of proceeding with the case. This investigation may involve the use of digital noise recording equipment being installed in your home and/or personal noise observations from your home.

1.3 Aims
The aim of this report is to assess if the noise complained of is causing a statutory nuisance. In order to do this the noise events recorded and the written records from the complainant must be evaluated. 2.0 Theory
Some of the factors which are taken into consideration when determining whether the noise constitutes a statutory noise nuisance are: * how loud the noise is * the time of day/night when the noise occurs * how long the noise goes on for * how frequently the noise occurs * the nature/character of the area (ie. residential, town centre, industrial etc.) * the type of noise (ie. banging, pulsing, droning etc.) * The sensitivity of the complainant to noise (ie. tinnitus sufferers, night workers etc.)
Once the investigating officer has substantiated the existence or likely occurrence/recurrence of a Statutory Noise Nuisance, the Council must serve a Noise Abatement Notice on the perpetrator requiring the noise be abated. A time period for compliance will be specified on the notice, and the recipient has 21 days to appeal the notice in the Magistrates' Court. Non-compliance with the terms of an abatement notice is an offence, which upon summary conviction can result in a fine of up to £5,000 for domestic properties and £20,000 for trade and commercial premises.

If the investigating officer believes that a statutory noise nuisance does not exist, the complainant has the right to appeal his decision. Firstly they should contact the head of department and make a complaint; if this fails the independent Local Government Ombudsman will look the matter. They will ensure whether or not all of the correct procedures have been followed through to the letter by the local authority in terms of what is set out in the legislation. 3.0 Method
In order to investigate whether or not the noise complaint is a statutory nuisance the resources provided were B&K Utility software, Loudspeaker and noise record sheets from the complainant. Firstly the 8 records should be played and any comments on the noise should be recorded along with the corresponding time, Next the graphs and tables for each record should be copied onto an excel document. This will allow analysis to be completed for each of the records. The noise record sheets which have been completed by the complainant should be examined and any patterns noted.

4.0 Results

Record 1: Measurement | Start time | Stop time | Elapsed time | LAeq(dB) | LAFmin(dB) | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] | Total | 05/02/11 00:29 | 05/02/11 00:35 | 00:05:43 | 35.7 | 20.4 | 0 | 26.2 | 39.4 | 47.4 | Logged | 05/02/11 00:34 | 05/02/11 00:34 | 00:00:01 | 26.8 | 25.2 | | | | 30.3 |

| | Stop Time | Elapsed Time | LAeq [dB] | LAFmin [dB] | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] |

Record 2: Measurement | Start time | Stop time | Elapsed time | LAeq(dB) | LAFmin(dB) | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] | Total | 05/02/11 01:02 | 05/02/11 01:07 | 00:05:09 | 45.5 | 20 | 0 | 29.2 | 50 | 59.8 | Logged | 05/02/2011 01:06 | 05/02/2011 01:06 | 00:00:01 | 37.9 | 36.5 | | | | 44.5 |

Record 3: Measurement | Start time | Stop time | Elapsed time | LAeq(dB) | LAFmin(dB) | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] | Total | 05/02/11 01:28 | 05/02/11 01:34 | 00:05:44 | 40 | 20.9 | 0 | 29.8 | 42.5 | 56 | Logged | 05/02/11 01:31 | 05/02/11 01:31 | 00:00:01 | 38.5 | 24.9 | | | | 44.7 |

Record 4: Measurement | Start time | Stop time | Elapsed time | LAeq(dB) | LAFmin(dB) | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] | Total | 06/02/11 01:04 | 06/02/11 01:09 | 00:05:11 | 47.6 | 30.2 | 0 | 36.6 | 51.8 | 60.1 | Logged | 06/02/11 01:09 | 06/02/11 01:09 | 00:00:01 | 49.5 | 40.4 | | | | 52.5 |

Record 5: Measurement | Start time | Stop time | Elapsed time | LAeq(dB) | LAFmin(dB) | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] | Total | 06/02/11 01:30 | 06/02/11 01:09 | 00:05:04 | 46 | 27.3 | 0 | 36.8 | 50 | 60.2 | Logged | 06/02/11 01:35 | 06/02/11 01:09 | 00:00:01 | 51.8 | 37.7 | | | | 57.3 |

Record 6: Measurement | Start time | Stop time | Elapsed time | LAeq(dB) | LAFmin(dB) | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] | Total | 06/02/11 02:03 | 06/02/11 02:08 | 00:05:05 | 45.9 | 27.1 | 0 | 35.1 | 49.3 | 59.2 | Logged | 06/02/11 02:08 | 06/02/11 02:08 | 00:00:01 | 40.4 | 37 | | | | 41.7 |

Record 7: Measurement | Start time | Stop time | Elapsed time | LAeq(dB) | LAFmin(dB) | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] | Total | 06/02/11 02:29 | 06/02/11 02:34 | 00:05:04 | 45.9 | 30.6 | 0 | 37.9 | 49.1 | 54.8 | Logged | 06/02/11 02:32 | 06/02/11 02:32 | 00:00:01 | 48.3 | 38.7 | | | | 50.2 |

Record 8: Measurement | Start time | Stop time | Elapsed time | LAeq(dB) | LAFmin(dB) | Overload [%] | LAF90.0 [dB] | LAF10.0 [dB] | LAFmax [dB] | Total | 06/02/11 02:57 | 06/02/11 03:03 | 00:05:06 | 43.3 | 30.6 | 0 | 33.2 | 46.9 | 56.4 | Logged | 06/02/11 03:02 | 06/02/11 03:02 | 00:00:01 | 50.4 | 47.4 | | | | 51.6 |

5.0 Discussion:

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