Noise Abatement

District Councils have powers in respect of noise abatement. They are obliged to calls of district to be inspected to detect anything which ought to be dealt with under noise abatement legislation.

Where a District Council is satisfied that noise amounting to a nuisance exists, or is likely to occur or recur in its district, it shall serve a notice requiring abatement of the nuisance or prohibiting or restricting its occurrence or recurrence or requiring the execution of works, and taking of such other steps, as may be necessary for the purpose of the notice.

The notice is to specify the times within which the requirements are to be complied with. The notice may be served on the person responsible for the nuisance. If that person cannot be found or the nuisance has not yet occurred, the owner or occupier of the premises from which the noise is or would be emitted may be served. A person served may appeal to a court of summary jurisdiction within 21 days.

If a person on whom a notice is served without reasonable excuse contravenes the requirements of the notice, he is guilty of an offence. It is a defence that in the course of a trade or business, the person used the best practicable means of preventing or counteracting the effects of noise.

It is a defence that the offence was covered by a notice or consent given as below. Where proceedings for an offence above would be inadequate, the council may take proceedings in the High Court for abatement, prohibition, and restriction of nuisance by injunction.

A court of summary jurisdiction may act on the complaint of an occupier of premises where he is aggrieved by noise amounting to a nuisance. Where the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur, it shall make an order requiring the defendant to abate the nuisance, within the time specified or execute works for that purpose or prohibiting a recurrence of the nuisance or requiring abatement within a time specified, to execute works necessary to prevent the recurrence. Proceedings may be brought against the person responsible for the nuisance or the owner or occupier if that person cannot be found. Breach of an order is an offence. A similar defence as above applies to noise occurring in a trade or business, in respect of which the best practicable means have been used for preventing or counteracting the effect of noise.

Where it appears to a council that construction works (including construction, erection, demolition, breaking up streets) are being carried on or proposed to be carried on, the council may serve a notice imposing requirements as to the way in which the works are carried out and may, if it thinks fit, publish notice of the requirements. The notice may specify plants and machinery which may be used; hours during which work may be carried out; permitted levels of noise; and provide for change in the circumstances.

The District Council is to have regard to codes of practice issued under the legislation; the need to ensure the best practicable means are employed to minimize noise. Before specifying methods, it may consider the desirability in the interests of any recipients of the notice in question of specifying other methods or plant or machinery which would be substantially as effective in minimizing noise and more acceptable to them and the need to protect persons in the locality in which the premises are situated from the effect of noise.

A person who intends to carry out works to which the above apply may apply to the District Council for consent. The application must be made no later than the time when approval under building regulations is sought. The application must set out details of the works, methods by which they are to be carried out, and steps taken to minimize noise.

The council may attach conditions to a consent, limit or qualify it for a change in circumstances, or limit its duration. It is an offence to carry out work knowingly in contravention of conditions attached to a consent.

If within 28 days of the receipt of an application, or such longer period as the council and the applicant agree, the council has not given notice of its decision, refuses consent, or attaches conditions, the applicant may appeal to a court of summary jurisdiction within 21 days.

A loudspeaker in a street shall not be operated between the hours of nine in the evening and eight in the morning, for any purpose, or at any other time, for the purpose of advertising any entertainment, trade, or business. A person who operates or permits the operation of a loudspeaker in contravention of this provision is guilty of an offence. The provision does not apply to police, ambulance, government bodies, Northern Ireland Water, communication with persons on a vessel, or part of a public telephone system. It does not apply to loudspeakers fixed to a vehicle, operated solely for the entertainment of or communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of a horn or similar warning instrument, and is operated not to give reasonable cause for annoyance to persons in the vicinity. It does not apply other than on a road, by persons employed in connection with a transport undertaking used by the public where the loudspeaker is made for making announcements to passengers by a traveling showman on land that is being used for the purposes of a pleasure fair, in an emergency.

The provision does not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day, if the loudspeaker is fixed to a vehicle being used for the conveyance of a perishable commodity for human consumption, and is operated solely for informing members of the public, otherwise than by means of words, that a commodity is on sale from the vehicle, and is operated not to give reasonable cause for annoyance to persons in the vicinity.

A District Council may designate a noise abatement zone within any part of its district. The order shall specify the classes of persons to whom it applies. The procedure applies to the making and coming into operation of the order.

District Councils that designate noise abatement zones shall measure the level of noise emanating from premises within the zone that are of any class to which the order applies. They shall record measurements on a noise level register to be kept by the council.

The District Council, on recording measurements in the noise level register, shall serve a copy of the record on the owner and occupier. A person may appeal within 28 days to the Department.

A noise level register shall be open to public inspection at the principal offices of the council. Regulations may provide for authorizing the Department to determine the methods by which noise is to be measured. The level of noise shall not exceed the noise level registered without the consent of the council in writing.

Consent may be subject to such conditions as may be prescribed. If within two months, beginning on the date on which a council receives an application for consent, the council has not notified the application, it is deemed to have refused consent.

An applicant for a consent may appeal to the Department against refusal or imposition of condition. Noise emitted from the premises in contravention of the noise level register constitutes an offence. Courts of summary jurisdiction convicting a person of an offence may, if satisfied that it is likely to recur, make an order requiring the execution of works necessary to prevent it recurring. Contravention without reasonable excuse is an offence.

If it appears to the District Council that the level of noise emanating from premises to which a noise abatement order applies is not acceptable, having regard to the purpose of the order, and that a reduction in that level is practicable at reasonable cost and would afford a public benefit, it may serve a notice. The notice shall require the person to reduce the level of noise emanating from the premises to such a level as may be specified, to prevent subsequent increase, and to take such steps as may be specified to achieve those objectives.

A noise reduction notice shall specify the time, not being less than six months, within which the noise is to be reduced. It may specify the steps required to achieve the purpose. It may specify times and days during which the noise level is to be reduced. The District Council shall record particulars of noise reduction notices in a noise level register. Contravention of a noise reduction notice without reasonable excuse is an offence. It is a defence to a business that it employs the best practicable means of preventing and counteracting the effect of noise.

Where it appears that a new building is going to be constructed and that a noise abatement order will apply to it, the council may, on application of the owner or occupier who satisfies the authority that he is acquiring an interest in the premises, determine the level of noise that will be acceptable as emanating from the premises.

The level of noise determined is to be recorded in the noise level register.

The District Council gives notice of its decision to the applicant who may appeal to the Department within three months.

Regulations may be made requiring the use in connection with plant and machinery of arrangements for reducing the noise created or for limiting the level of noise that may be caused by plant and machinery. Regulations may apply standard specifications, descriptions, and tests.

Where a person fails to execute works in accordance with the above notices or order of a court of summary jurisdiction, the District Council may execute the works and recover the expenditure incurred from the person in in default. Regulations may provide for appeals to the Department or to courts of summary jurisdiction against notice requiring works.

Codes of practice may be prepared and published for the purpose of compliance with the legislation by the Department.