Controlling Noise Nuisance PDF 67 KB - Meetings, agendas and ...

London Borough of Hammersmith & FulhamTRANSPORT, ENVIRONMENT & RESIDENTS SERVICESSELECT COMMITTEE15 th January 2013TITLE OF REPORT; CONTROLLING NOISE NUISANCEReport of the Divisional Director, Nicholas Austin, Director for EnvironmentalHealthStatus of Report: OpenFor Scrutiny Review & CommentKey Decision: NoWards Affected: AllAccountable Executive Director: Nigel Pallace, Executive Director of Transport andTechnical ServicesReport Author: Somayya Yaqub, EnvironmentalProtection ManagerContact Details:Tel: 0208 753 3949E-mail:somayya.yaqub@lbhf.gov.uk1 EXECUTIVE SUMMARYThe Council has a duty to investigate complaints of noise nuisance. This requirement isundertaken by the Environmental Protection Service (EPS) within Environmental Health.The service operates seven days a week, 363 days a year and responds to calls: 8amto 3am Monday to Wednesday; 8am to 5am Thursday and Friday; and 12pm to 5amSaturday and Sunday.The service has nine officers operating on a shift pattern with ad-hoc agency supportand responds to in excess of 6,000 service requests a year. At night over 80% of callsare visited within 45 minutes.The majority of complaints are dealt with informally, however approximately ten percentof cases require more formal action. Over 600 abatement notices were served leadingto seven prosecutions in the last financial year.

The team acts as the responsible authority under the Licensing Act 2003 with regards topublic nuisance. Over 100 applications were commented on in the last financial year.The team is consulted on planning applications and suggests conditions to safeguardexisting and future residents from the impacts of development. Last year over 600planning applications were dealt with including the Earls Court opportunity area.The team has recently undergone a bi-borough service review with the Royal Boroughof Kensington and Chelsea. The proposal to fully integrate the two noise services wasagreed at the bi-borough members’ board in October 2012. Integration seeks to deliversavings but also to:o improve ownership and holistic coordination of pollution management ofmajor siteso combine operational service hours: RBKC earlier start with the later finishof LBHFo build resilience in the number of noise teams required across thegeographical area to maintain response timeso meet demands of an increasing populationo maintain officer expertise and competenceo drive down operational overheadso maintain user satisfactionFull integration will be phased, starting over the next year and delivering joint savings ofaround £40,000 subject to the approval of a single, central location and appropriate ITsupport.2. RECOMMENDATIONS2.1 That the Committee notes the work of the Environmental Protection Serviceundertaking the council’s statutory duty to investigate noise complaints, and2.2 That the Committee notes the bi-borough integration with the Royal Borough ofKensington and Chelsea’s Noise and Nuisance Service.3. INTRODUCTION3.1 Environmental Protection is a statutory service that is both proactive andreactive. The core function out of hours is noise nuisance investigation from loudmusic, alarms and construction sites.3.2 The LBHF 2011 annual survey indicated that 36% of residents felt noise was anissue that concerns the local area.3.3 Given the population density of the borough and the significant regenerationdevelopments underway across both boroughs, the high demand for the noiseservice is likely to continue for many years to come.

4. SERVICE DELIVERY4.1 The service operates day and night including weekends and bank holidays.Monday to Wednesday night there is a single team consisting of anEnvironmental Health Officer and Environmental Assistant, two teams operatingThursday, Saturday and Sunday and three teams on a Friday.4.2 All calls go through to the contact centre in Rochdale. Calls are recorded onto thecomplaints database and emailed through to the teams via a blackberry. At nightofficers aim to visit complainants within 45 minutes.4.3 In cases where there is a possibility of risk to personal safety, the Police arecontacted for support. We have developed a good working relationship with thePolice and are able to call through to their ‘Grip and Pace’ service to getassistance.4.4 Unlike many London Boroughs we aim to visit rather than just call within theabove stated times. During the summer period up to 40 calls may be receivedduring one shift making it difficult to meet the response target. Officers also carryout proactive monitoring visits of licensed premises and other ongoingcomplaints.4.5 The calls received can be categorised into three main types:• neighbour noise that affects a small number of people at a time but can be themost annoying represents 81% of the complaints received by the service.The most common noise complaints are about:• Loud music• Dogs barking• Burglar alarms• Televisions• Shouting/Domestic noise• DIY• commercial noise includes noise from entertainment venues, commercialoperation (e.g. air conditioning) and construction sites which represent 18.82% ofcomplaints received by the service.• environmental noise includes; road traffic noise, aircraft noise and railway noise.Local authorities have little control of noise from these sources which fall withinthe remit of the Department for Transport and account for 0.18% of callsreceived.5. ENFORCEMENT5.1 It is integral to the assessment of a complaint that the officer establishes that thenoise amounts to a statutory nuisance within the affected resident’s premise.Where access is denied this can seriously limit the enforcement options availableto officers and limit any future legal proceedings.

5.2 When an officer is satisfied that a statutory nuisance exists they may:• request that the noise is reduced (in person and followed up in writing) and/or:• serve an abatement notice under section 80 of the Environmental ProtectionAct 1990. An abatement notice is a legal document that requires the personresponsible for the noise to cease causing a nuisance. There is a right ofappeal to a Magistrates Court within 21 days and the requirements of thenotice remain enforce unless a court allows the appeal.If an abatement notice is served and the noise is still causing a statutory nuisance,officers may:• apply to a magistrate for a warrant to enter the property and seize theequipment or disable an alarm• offer a simple caution• serve a fixed penalty notice (£100 domestic or £400 commercial)• prosecute (Maximum fine £5,000 domestic or £20,000 commercial)5.3 During the financial year 2011-2012 the following enforcement action wasundertaken:• 686 abatement notices served• 30 fixed penalty notices issued• 7 prosecutions• 7 confiscations5.4 During the first half of financial year 2012-2013 we have:• Served 327 notices• Issued 25 fixed penalty notices• Undertaken 10 prosecutions• Undertaken 8 confiscations5.5 Action may also be taken by the landlord. Under the tenancy agreement whichcould lead to a notice of seeking possession (nosp).5.6 Civil action may also be undertaken by the landlord of a property for breach oftenancy agreement. Our officers often provide evidence and attend court forsocial landlords. In some instances this has resulted in successful eviction.5.7 For the first half of this financial year two HRD tenants were prosecuted followingthe instigation of legal proceedings.5.8 An abatement notice and fixed penalty notice were served on one tenant in aspace of 10 days and assisted with the individual being dealt with under themental health legislation.

5.9 Officers work closely with the anti-social behaviour unit and provideevidence/information on any properties as required and as expert witnesses.5.10 Domestic noise (banging doors, loud talking, children running around etc) can beannoying and very stressful to residents; however there is little legal recourseeven where it is obvious that the sound insulation between properties is at fault. Itis important to manage residents’ expectations in regards to this area ofcomplaint.5.11 Noise problems about construction sites or commercial building work (not DIY)are dealt with through service of a notice under the Control of Pollution Act 1974to limit hours of work, or prohibit use of certain types of equipment. Developerscan also apply for ‘prior consent’ before they start the works, which if issued willhave conditions regulating the equipment used on site, times, methods of workas well as duration.5.12 DIY related issues are enforced under the same statutory legislation as music orbarking dogs. There are no prescribed hours of work and officers will judge eachcase individually. It would be unreasonable not to expect home owners to carryout repairs or improvements to their own homes, for example, at the weekend,providing their actions are reasonable.6. PLANNING CONSULTATION6.1 The team review the potential environmental impact arising from noise, odourand light from new development. Officers suggest conditions to actively reduceany detrimental impacts through both the initial construction and the subsequentoperation of the premise.6.2 Officers responded to just under 1,000 planning applications between April 2011to March 2012. Development Management, developers and consultants are keycustomers expecting high level professional advice on complex technicalenvironmental matters.6.3 Major projects that the team are involved in:• Earls Court• White City redevelopment• BBC redevelopment• HS2• Crossrail• Thames Tunnel• King Street regeneration6.4 The team also put up planning application notices across the borough for thePlanning service. During the financial year 2011-2012, 1,300 notices wereerected.

7. LICENSING – RESPONSIBLE AUTHORITY7.1 The team reviews licence applications with regard to public nuisance and canplace conditions or suggest refusal of the application by the licensing committee.Officers provide expert representation at licensing committee and have the abilityto apply for licence reviews to safeguard local residents.7.2 Working with stakeholders and attending fortnightly liaison groups, the team seekto tackle issues before they become a problem. With over 900 licensed premisesin a mixed commercial/residential environment, maintaining the right balancerequires constant monitoring and working with residents and the businesscommunity.7.3 Since April 2012 the team are able to object to temporary event notices (tens)and late tens along with the Police.8. OTHER FUNCTIONS8.1 Assistance is provided to Housing to gain access to their tenant’s properties tocheck and service gas appliances. An abatement notice is served in respect ofthe appliance being a statutory nuisance. If the notice is not complied with anapplication is made to the courts for a warrant to enter the property and servicethe appliance. During 2011-2012 over 200 cases were referred to the team.9. PERFORMANCE9.1 Key performance indicators targets for the team are:93% of calls responded in 2 hours during the day88% of calls visited within 45 minutes at night95%% of calls visited in 1 hour at night9.2 For the 2011-2012 financial year we achieved 95.29% of night time visits withinone hour and 88.56% within 45 minutes.9.3 The first half of this financial year we have achieved 95.39% visits within 1 hourand 89.63% within 45 minutes. This is despite the Olympics and Paralympicstaking place, which resulted in a slight increase in the number of calls received.9.4 Approximately 20% of service requests are from HRD residents. We have a SLAwith Housing to provide additional information to support housing officers.10. BI – BOROUGH SERVICE REVIEW10.1 A reduction in senior management of nearly 50% across the Tri-boroughpartnership has achieved both substantial savings and created opportunities thatworking in isolation could not be realised.10.2 In February 2012 the bi-borough senior management team for EnvironmentalHealth was appointed with officers taking up their posts immediately, thoughhandover was not complete till 1 April 2012.10.3 The review examined opportunities to deliver savings whilst minimising theimpact on frontline services.

11. EQUALITY IMPLICATIONS11.1 A completed Equality Impact Assessment was undertaken as part of the biboroughservice review.12. LEGAL IMPLICATIONS12.1 Under the provisions of the Environmental Protection Act the Council has to dutyto take such steps as are “reasonably practicable” to investigate complaints ofstatutory nuisance, including noise. Where an officer is satisfied that a statutorynuisance exists, or is likely to occur or recur the Act requires that he or she“shall” serve an abatement notice. As set out in section 5 of the report there arevarious ways of enforcing the notice if the statutory nuisance continues13. FINANCIAL AND RESOURCES IMPLICATIONS13.1 The operation of this service on a joint bi-borough basis means that the Councilwill benefit from savings of £20,000 per annum, starting from April 2014. This willhelp the service to meet its savings targets.LOCAL GOVERNMENT ACT 2000LIST OF BACKGROUND PAPERSNo.Description of Background PapersName/Ext ofholder of file/copyDepartment/LocationNone