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Home: Q&A: Noise
and Pollution menu
My neighbour is disturbing me...
Robert Crossland - September 2008
envpollution@kirklees.gov.uk
How to contact us...
| by Email to |
envpollution@kirklees.gov.uk
|
| by Phone |
01484 226436 |
| in Writing to |
Environmental Services
Riverbank Court
Wakefield Road
Aspley
Huddersfield
HD5 9AA |
My neighbour
is disturbing me with noise or smoke from chimneys or bonfires. What can
I do?
There are several different ways of dealing with the problems you are having.
We can provide you with advice on the various options available to you.
You can download
our information sheet here (PDF 59Kb).
Firstly, it may be best to contact your neighbour to let them know that
there is a problem. In many cases, neighbours are often totally unaware
that they are causing a problem to others. They will often appreciate the
opportunity to put things right before anyone else, the Council for example,
becomes involved.
Secondly, you could try writing to the person causing the problem. Again,
they may respond better to a polite letter from you rather than an official
one from the Council. We have a sample
letter which includes some of the points you could use. If you require
more help with this you should contact us on 01484
226436.
I can't approach my
neighbours as suggested. What else can I do?
You may wish to consider using trained mediators to help you achieve a confidential
and amicable solution to the problem. "Mediation in Kirklees" is an independent
organisation which offers a free and confidential service to resolve neighbour
problems. Trained mediators will listen to both parties involved and will
try to help find a permanent solution that is acceptable to both parties.
You can obtain more information about "Mediation in Kirklees from Kirklees Advice Network ",
or you can call for information on their Freephone telephone number 0800
0522324.
Alternatively, for advice, contact the Pollution & Noise team by telephone
on 01484 226436 or complete the service
request form.
What will the Pollution & Noise
team do?
We can investigate complaints of nuisance where activity at one property
affects people living nearby.
If you would like us to look into your complaint it would help our investigation
if you would keep a record of when the problem happens, how long it goes
on for and how it affects you. Please keep a record of the problem for at
least two weeks on the report
form, and then send the form to us.
When we receive your records we will contact you and discuss what action
we may take. If we have enough evidence from your records we will visit
your neighbour and/or write to them telling them we have received a complaint
and that we may take formal action. We do not tell your neighbour the name
of the person who has made the complaint at this stage.
If the problem continues we will try to witness the problem to enable us
to take formal action. This may be by a legal notice, prosecution and/or
confiscating equipment.
If the case goes to court and we require you to be a witness, we may not
be able to keep the complaint anonymous. You may have to give evidence in
a court of law against the person causing the problem.
How can I get a record
sheet and what is it for?
You
can download a record sheet here (PDF 14Kb). The record sheet will give
us an idea of the extent of the problem and help us to decide if your complaint
is likely to be classed as a statutory nuisance. We will need information
on the type of problem, intensity, when and how it affects you. It is very
important that you keep detailed records including exact times.
Can I register
a complaint?
You can do this by telephoning us on 01484 226436,
by e-mailing us environmental.health@kirklees.gov.uk,
or by completing the service
request form. Please try to provide us the following information: your
name, address, contact details (daytime telephone number or e-mail address),
details of the problem and where it originates (description and address
of premises).
Can I register a complaint
anonymously?
It is generally not possible for us to investigate nuisance matters without
information and evidence from the complainants. We will not disclose the
complainant's details to the person allegedly causing the nuisance without
prior permission.
What if the problem
continues?
Contact us and continue keeping a record of the problem. If you don't
contact us we will assume that the problem has been sorted out.
What will happen next?
If the problem continues, the person responsible will be told that the
matter will be investigated further. We will also need to witness the
problem. This may involve you ringing us immediately the problem happens
or through a pre-arranged visit. We may install monitoring equipment in
your house.
What if the problem happens
outside your office hours?
Again, we will try to witness the problem through a pre-arranged visit.
We may give you an out of hours telephone number to ring is there is a
problem and an officer will contact you.
What if the problem
proves to be a statutory nuisance?
In most cases we will serve an Abatement notice, requiring the person
responsible to stop causing the problem. If this does not stop the problem
we can prosecute the person responsible in the Magistrate's Court. If
this happens your record sheets will be used in evidence and you will
also be required to act as a witness.
I am not prepared to
go to court. What happens next?
Nothing. The Council generally cannot proceed any further with nuisance
matters without evidence from a complainant. No further action can be
taken.
I live in a Council owned property, can the Housing Association take any
action ?
If you live in a Kirklees Council House, or if the problems come from a
Kirklees Housing tenant, action may be taken under the terms of the tenancy
agreement.
You should contact your local Housing
Office for more advice. (Similar action may be taken by Housing Associations
if their tenants are in breach of tenancy conditions).
Do you have the same powers
against people in private houses as Council tenants?
As far as nuisance is concerned it does not matter to us if the person is
a homeowner, Council tenant or private tenant. The law applies equally.
Can I take my own legal action against the person causing the disturbance
?
You could consult a Solicitor to write a letter on your behalf to the person
causing the problem, or give you legal advice.
You can take your own legal action in the Magistrate's Court. We have an
information booklet about how to do this. If you would like a copy of this
please contact us and we will send one out to you.
Can I involve the Police ?
The Police do deal with certain types of neighbour problems such as those
involving violence, or threatening behaviour.
The Police can be contacted on 0845 6060606.
I need more information.
Who do I contact?
If you need more information you can telephone 01484
226436, e-mail environmental.health@kirklees.gov.uk
or complete the service
request form.
Noise pollution:
The National Society for Clean Air and Environmental Protection has produced some useful information relating to Noise Pollution. This can be viewed at:
http://nscaorguk.site.securepod.com/pages/environment_facts/noise_pollution.cfm
To view the information most relevant to you, the drop down menu can be used as follows:
Click on 'Environmental Facts' then 'Noise Pollution' and then click on the section heading most relevant to you.
Smoke problems:
They have also produced some useful information relating to smoke problems. This can be viewed at:
http://nscaorguk.site.securepod.com/pages/environment_facts/garden_bonfires.cfm
The above link deals with garden bonfires only. To access information relating to other smoke issues the drop down menu can be used as follows:
Click on 'Environmental Facts' then 'Garden Bonfires' or 'Domestic Smoke' and then click on the section heading most relevant to you.
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