SIGN UP

Noise Abatement Order

Avatar Image
horseshoes | 18:14 Wed 06th Mar 2019 | Law
14 Answers
Just under 20 years ago we had an absolutely dreadful noise problem from neighbours. They own fields which surround our house and had up to 13 off road motorcycles, quad bikes and go carts. I can't begin to tell you how bad the noise was, but you couldnt have a normal covversation or hear the TV and there was no way we could be in the garden. The person concerned was totally unreasonable and said it was his f******g land and he'd do what he liked on it. The council were "dealing" with it but it took almost 3 years! The person who was our contact at the council was "off with stress" as things got nearer a court date and there is a strong suspicion that she might have been under threats. Anyway, a noise abatement notice was served, but now it looks as if it might be about to start all over again. Orange posts have appeared as though marking out a race track. I made a call to the council to ask if the order was still valid and she said she didn't think so. I need to be sureofvthe facts before ai challenge that. Also, if it had been lifted, wouldn't council have informed us too?
T.I.A.

Answers

1 to 14 of 14rss feed

Avatar Image
The title register for the property will show who owns it. You can download a copy of the title register for £3 https://www.gov.uk/search-property-information-land-registry If the property is still owned by Mr Bloggs Senior then, as he will still have control over the property (even if he's renting it out), the Notice will still be in force. If Mr Bloggs...
18:52 Wed 06th Mar 2019
I think it may depend upon which law was used to enforce the order. There seem to be several:
http://www.environmentlaw.org.uk/rte.asp?id=308
A Noise Abatement Notice is served on an individual, not on a particular property. It remains in force as long as the person it is served on retains a connection to the location in question. Therefore, if the owner of the land hasn't changed, the Notice should still be in force.

Being told that the council employee "didn't think so" when you enquired about whether the Notice was still in force is not an adequate response. Contact your local councillor and get them to take the matter up on your behalf.

If you've got a councillor who's good at their job they should be able to get things moving at your local council offices. I recently asked my local councillor to investigate why the council had taken 10 months to re-assess my Council Tax liability after I'd told them in advance about a change in my circumstances, resulting in them demanding a full yer's CT from me in a single payment. After the councillor got involved I received an apology for their inefficiency and they agree to write off the bill altogether (saving me nearly eight hundred quid). Contact your councillor; it's what they're there for!
Question Author
Thank you for your replies.

This is interesting as the person who is there now, is the son of the person who had the order served! I don't know if the first person has sold the property to the son, has signed it over to him, is renting it to him or is just letting him live there. How would i find that out.
The title register for the property will show who owns it. You can download a copy of the title register for £3
https://www.gov.uk/search-property-information-land-registry

If the property is still owned by Mr Bloggs Senior then, as he will still have control over the property (even if he's renting it out), the Notice will still be in force. If Mr Bloggs Junior is now the property owner then the original Notice will no longer have effect.
I had an issue with neighbours playing loud music into the early hours. contacted my local council environmental heath department, they came round with noise meter and served a notice. no more loud music after 10pm
Question Author
Tony, yes that's exactly what should happen. We recorded the noise again and again and again. .......the machine was broken...... them person with the recording was off sickmetc etc etc ad nauseum. The council completely let us down. I went to stay with a friend and I lost about 3 stones in weight and practically had a breakdown. This time round, one veihcle came out at Christmas. It was such a shock after all these years. My Mum who lives next door and suffered as badly as I did, was SO upset, she was shaking like a leaf. About 3 weeks later she had a massive heart attack and died. I know the law wobt be interested in that aspect but sometimes, people don't understand the impact that such issues have on people.
Question Author
I've paid my a £3 to the Land Registry and it is the original people who are still the owners. Do you think that the land registry info is up to date?
you arent in Darzet are you ?
Question Author
Where's Darzet? Anyway, no I'm not there. I'm in Wales.
Darzet is where old'uns like us go to retire, in Bornemouth ;-)

https://www.hippostcard.com/uploads/596f766c77ac4923ea5e2c8047287d8c.jpg
. . . or even Bournemouth!
Question Author
Thanks Chris.

I'm missing something here perhaps? Why Dorset?
exact description of a fields use in Corscombe over the years, in yes ....
council limitied their use for cycle racing to so many week ends a year ...
Question Author
PP oh I understand now.

1 to 14 of 14rss feed

Do you know the answer?

Noise Abatement Order

Answer Question >>

Related Questions