Noise nuisance

The Environmental Protection team have a responsibility for investigating most types of alleged noise nuisance from industrial, commercial and agricultural activities ranging from sources such as:

• alarms
• animals
• agricultural bird scarers
• commercial and industrial process noise
• construction activities
• DIY
• entertainment noise such as loud music from pubs and clubs
• fireworks

Antisocial Behaviour Noise such as noisy neighbours from domestic properties is dealt with by the council’s Safer Communities team. 

Report antisocial noise

Evaluating statutory noise nuisance

In order to proceed with formal action, we must be of the opinion that either substantial personal discomfort or injury to health exists or is likely to occur or recur. We will form an opinion on nuisance having regard to all of the following issues:

• avoidability - are alternative solutions readily available to minimise the source noise
• convention - is the noise established common practice and widespread
• duration - how long does the noise event last
• frequency - how often does the noise occur, e.g. hourly, daily, weekly
• impact - how does the noise affect you
• importance - the need for the source of the noise with regards to the wider community
• locality - what is acceptable in one location may not be acceptable in another
• time - noise during the night may have more impact than noise during the day

Private actions using the environmental protection act 1990

It is possible to take private action under Section 82 of the Environmental Protection Act 1990. You may wish to consider taking legal advice before proceeding. If you wish to proceed you should contact the Sheriff Court.