Ever wanted to complain – but not sure how? West Berks has a new nuisance policy
Cannabis smoke, bamboo plants and children playing ball in the street are among requests made for official nuisance complaints to be investigated.
But those issues, along with things like slamming of doors and people working ‘loudly’ from home, don’t make the West Berkshire whinge list for officials to look into.
A public consultation into what the Public Protection Partnership (PPP) between West Berkshire and Bracknell Forest councils turfed up extra requests into what constitutes a ‘nuisance’ in the district.
The PPP is a shared service delivering environmental health, licensing and trading standards functions on behalf of the two authorities.
It handles in excess of 10,000 service requests every year.
A significant proportion of these complaints relate to domestic and commercial nuisance.
There were 68 responses to the public consultation.
One complainant wrote: “I was shocked that the ‘household noise’, slamming doors or cupboards, is ‘not considered a statutory nuisance so cannot be investigated’.
“This, to me, is most inhumane. These kinds of sharp ‘impact type’ sounds can be the most distressing to someone's mental state – not to mention horribly startling.”
The PPP notes that no house or flat is totally soundproof and everyday living gives rise to noise from time to time, adding: “It is unusual for neighbours to slam doors repeatedly/deliberately.”
Another brought up two big nuisances not mentioned in the policy.
Smoke from charcoal barbecues and from charcoal firepits.
The PPP says smoke from barbecues is responded to by the service in the same way it responds to bonfires. Frequency and severity would be relevant in assessing nuisance.
Cannabis smoke is treated by the service as tobacco smoke and is not usually considered to be a statutory nuisance – despite raising the ire of one West Berkshire resident.
Tall hedges are in scope. But bamboo isn’t.
While bamboo isn’t covered by legislation for hedges (as it is a grass), there is legislation which covers damage to boundaries (fences, walls), if the damage is repeated and the neighbour does nothing – prompting calls for clarity on the matter.
Bamboo does not come under provisions relating to invasive weeds or those relating to high hedges. As such, issues with bamboo would be classed as a ‘private matter’.
Another person wrote in to say statutory nuisance should include children playing with balls in the street. This is not considered to be a nuisance in law, according to the PPP.
With so much home improvement and house building going on, more noise intrusion is coming from power tools like angle grinders, chain saws, woodworking tools prompted calls for guidance on suitable times to use these.
The Nuisance Policy reflects the aims of the partnership to protect and support residents and communities and is mindful of the changing post-pandemic ‘complaint environment’, for example, noise issues and the changes in home working.
Nuisance is dealt with in two ways. Proactively, taking steps to prevent a nuisance occurring and reactively in response to complaints.
It recognises that nuisance can affect residents and businesses in many ways, including from noise, odour, insects, fumes, and the accumulation of refuse and artificial lighting.
Some household noises are not considered to be a statutory nuisance and cannot be investigated.
These include the sound of footsteps, slamming doors or cupboards, dropping objects or moving furniture.
And while dog barking is included, children and babies crying and children playing (including playgrounds) are not.
Neither is talking or laughing coming from inside a home or garden, the reasonable use of noisy garden equipment such as lawnmowers or leaf blowers and the reasonable use of washing machines, vacuum cleaners, or kitchen appliances.
The main issues that result in complaints are loud music, barking dogs, shouting, banging doors and DIY/construction activities, and noise from commercial or industrial premises.
But the PPP says no house or flat is totally soundproof, and everyday living gives rise to noise from time to time.
It is normal to hear some noise from neighbours, and they from you, but sometimes this can go beyond what is ‘normal’.
Nuisance could be described as an unreasonable interference with the normal enjoyment of a property.
It will usually be something that is occurring regularly and/or continuing for a period of time that makes it unreasonable.
The lists in the new Nuisance Policy say things like neighbours arguing, a one-off party, people shouting on a public road and air traffic noise are unlikely to be a statutory nuisance.
There is no maximum noise level (decibel level) that relates to noise nuisance.
Each case is judged on what might be reasonable and normal for the situation. Factors taken into consideration include:
-When the noise is happening (noise can be a nuisance at any time of the day or night).
-The duration of the noise.
-How often it is happening.
-The type of noise.
-Whether there is social acceptance (for example, bonfire night or church bells).
Unfortunately, there is no added protection for shift workers or people who are studying or ill and may want or expect a degree of peace and quiet in the day than might be the norm.
In the 2023-2024 year the PPP Service Plan records that the partnership received 1,146 service requests in relation to noise (both commercial, 329 requests, and non-commercial, 644 requests) and bonfires (173 requests).
Odours from domestic properties (such as from cooking smells or smoking) are also considered a ‘private matter’ which, in other words means you are on your own.
A private matter, says the PPP, is an issue that does not fall within the remit of a formal body with enforcement powers, such as a local authority.
These issues could be dealt with by the impacted party attempting to resolve an issue directly with a neighbour, approaching Citizens Advice or a solicitor.
Other things like unsightly or untidy homes are also off brief – with the likelihood anyone complaining will be directed to the council planning department.
Council teams also pick up antisocial behaviour (ASB) complaints from a neighbourhood event or activity, or a person’s unreasonable behaviour.
Council ASB or Community Safety teams deal with those.
In order to provide evidence, a resident would be asked to complete diary sheets (filled in for two to four weeks depending on the frequency of the alleged nuisance) and/or submit noise recordings via the NoiseApp.
Sound level meters can be installed in a resident’s property to allow them to make recordings over a period of time, usually a week.
The concept of nuisance has been part of English law since the 13th century.
Statutory nuisance is defined in the Environmental Protection Act, 1990 (the Act), the Clean Neighbourhoods and Environment Act, 2005 extends the statutory nuisance regime.
A statutory nuisance is defined in the Act as an activity of a party that unreasonably and substantially interferes with the use or enjoyment of a home or premises or is injurious to health or be likely to injurious to health (being prejudicial to health) or a nuisance.
Local authorities have a duty to monitor potential nuisance and to investigate complaints of nuisance made by residents.
They have a duty to act to stop or prevent the nuisance if they deem an activity to be a statutory nuisance.
The Environmental Protection Act also makes provision for a resident to take private action through a magistrates’ court.
To be considered a nuisance, an activity must be ongoing or repeated, a one-off event would not usually be considered under the Act.
