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firesafety101  
#1 Posted : 11 June 2014 20:43:30(UTC)
Rank: Super forum user
firesafety101

I know this is not a work related issue but can anyone tell me what is the permitted level of noise in my back garden? I have just had a neighbour complain that my music is too loud as she can't concentrate while studying for exams. The "noise" is music on my iPhone being played through small portable speakers while I sit in my hot tub. Please note the time I am writing this after leaving the tub and sorting myself out before opening up the PC for a moan. Not exactly late in the day is it? The tub makes a noise itself while happily pumping and bubbling away and the music has to be a little louder than that, but I suggest it is not too loud to be heard in a house to the rear of mine and through an open window? I suppose I can make this a work related issue as I work at home in a rear bedroom and have the window open most of the time. These days there are many many different noises that disturb my concentration from barking dogs, to lawn mowers, to power tools, there is a building site (new houses) just down the road from me and I hear the usual construction site noises, however I have never though of complaining. I also hear the neighbours chewing the cud over the fence, I accept that as part of day to day life. Not quite a rant but please help if you know. Thanks
SNS  
#2 Posted : 11 June 2014 23:27:12(UTC)
Rank: Super forum user
SNS

I don't think that there is a set level in the same way that there are action levels for at work. It is more likely to be covered by the laws of 'nuisance' which is more subjective. It's up to the person being bothered by the noise to decide if it is a nuisance, they can then call the local environmental health department and make a complaint. If they have time the LA will come out and measure to make a judgement on whether a nuisance is being created. Maybe she doesn't appreciate your musical taste?
jfw  
#3 Posted : 12 June 2014 01:05:49(UTC)
Rank: Forum user
jfw

Section 62 of the Control of Pollution Act 1974 lays down certain restrictions for the use of loudspeakers in the public. It states that loudspeakers are banned from 9 p.m. in the evening to 8 a.m. next morning, (except in some emergency situations). Therefore judging from the time of your post, you were complying with that piece of legislation. However the laws of "nuisance" come into play as pointed out by SNS. I believe that to fall foul of these any compliant would have to prove that there some form of malice involved by the noise creator or a deliberate act of nuisance being carried out.
jfw  
#4 Posted : 12 June 2014 01:10:21(UTC)
Rank: Forum user
jfw

Forgot to add, (before someone else points it out), that live amplified music is permitted between 8am and 11pm in public by The Live Music Act 2012, where there is an entertainment license in place.
bob youel  
#5 Posted : 12 June 2014 07:08:01(UTC)
Rank: Super forum user
bob youel

Some great advice here I believe that nuisance noise in the general environment via environmental law is deemed to be at ~32 (yep 32) and above, figures far below the NAW standards and a prosecution can be brought by any person not just the enforcers and any person can bring in the enforcers and whilst the statement re the CPA 74 is correct we have moved on and at this time the point re 'malice' does not now stand as far as I am aware In most law cases such things were looked at before we had the technology that we have today and the world was a much better place
walker  
#6 Posted : 12 June 2014 08:24:48(UTC)
Rank: Super forum user
walker

The lass is stressed over her exams so any niose will seem a distraction. Maybe she is channeling her failure of preparation onto you? I reckon a good neighborough would take this into account for the sake of a few weeks If she is always moaning thats different.
James Robinson  
#7 Posted : 12 June 2014 10:08:10(UTC)
Rank: Forum user
James Robinson

As post #2 above. There is no set limit (the noise level on a inner city street at 2.00am may well exceed the noise of a rural village at rush hour - so nuisance isn't XXdB). So in simple terms (there's a lot of case law) a noise nuisance is based upon the "added" volume above the background. Normally your local EHO will repsond to a complaint by asking the person to keep a noise nuisance diary - to see just how often this occurs - once a month being different to every day. Then they will monitor the noise and compare to the background level at a similar time of day when the noise is not occuring. It's if there is a notable difference between the two levels then action starts to be considered. Not linked to noise nuisance, but planning law, they consider a differance of 10dB to be a likely trigger to generate complaints. I think, like you suggest, someone stressing out doing some revision may well affect how sensitive they are to distraction. Why not ask how long the exams are for, and agree to use headphones for those few weeks - to keep the peace - literally. On a personal note I would be more concerned about the height of the fencing around your property as you exit the hot tub.
firesafety101  
#8 Posted : 12 June 2014 10:12:37(UTC)
Rank: Super forum user
firesafety101

Yes some great advice here. I just had a chat with the local council and they say I can listen to music in my garden until 10 pm, as long as the level is reasonable. Whether David Bowie can be considered reasonable even at 8 pm is another matter but I do know that noise is unwanted sound and tastes vary. Walker, you may be spot on with your stress over exams point, the council man said exactly the same. He also suggested I talk to the lady, don't like to confront people usually but I may give this a go and discuss a reasonably amicable arrangement. Yesterday evening there was no breeze and the sound obviously travelled in all directions. Thanks for the tips, even though not directly work related I think it is a good one. I'll also relocate the speakers so that they point away from the rear property, this will be against a timber shed which may help to block the sound. (I won't say noise as I don't think it is) :-) Take care out there.
MrsBlue  
#9 Posted : 12 June 2014 10:44:28(UTC)
Rank: Guest
Guest

I remember years ago something similar to your tale. The answer at the time was "you play music for your entertainment and thus is another person's noise" so it should not be loud enough for neighbours to hear. It just adds to the general noise pollution of everyday life and actually can be controlled. Also it is not so remarkable that the older one gets the less tolerant you get in respect of unwanted noise - ask my missus, she hates flats, hotels, semi detached houses, rows of terraced housing and would rather live in a tent in a field than be subjected to other peoples noise - no she hates camping as well - come to think of it what does she like? lol Rich
walker  
#10 Posted : 12 June 2014 10:49:04(UTC)
Rank: Super forum user
walker

The older I get the less tolerant I am to many things. I said to my wife a few years back "I think I turning into a crabby old git" She replied "what do you mean turning?"
walker  
#11 Posted : 12 June 2014 10:50:08(UTC)
Rank: Super forum user
walker

am ........ I'm not illiterate just too quick on the send button!
bob youel  
#12 Posted : 12 June 2014 11:12:03(UTC)
Rank: Super forum user
bob youel

again great comments my figure of 32 came from very recent nusence noise investigations with the enforcers although all other comments are quite valid
paulw71  
#13 Posted : 12 June 2014 11:14:56(UTC)
Rank: Super forum user
paulw71

You have a hot tub ! Thats pretty cool.
firesafety101  
#14 Posted : 12 June 2014 13:49:25(UTC)
Rank: Super forum user
firesafety101

Contradiction of terms there Paul ;-) Yes it is cool but only when it's hot. I had a chat with the neighbour this morning, she is fairly well peed off with hearing my music most evenings, and the little Yorky as well, he barks a lot. I told her my plan to reverse the direction of the sound but she not too happy at all, but that's the way it is and looks like the way it will stay as well. Turns out we have a lot in common, she is a H&S Consultant who travels a lot on her construction site auditing missions, she works at home report writing and my music disturbs her concentration. We shook hands after learning each other's names and I went away with her thanks for calling round but we agree to disagree on the music issue. Her house was rented out until about three months ago when she decided to return and live there, her tenants were noisy beggars and had parties at 2 am some weekends, I did complain to Police who did pay visit to them to quieten them down. As my missus said she wasn't too bothered about the noise her tenants were making for all those years she was taking a decent rent from them, now she is home all has changed. Watch this space?
Safety Smurf  
#15 Posted : 12 June 2014 15:04:29(UTC)
Rank: Super forum user
Safety Smurf

If I'm still watching TV when the wife goes to bed the wireless head phones come out. Maybe it's a good excuse to invest in some tech?
firesafety101  
#16 Posted : 12 June 2014 17:22:39(UTC)
Rank: Super forum user
firesafety101

Smurf, i also use headphones when watching TV but not happy using them as they prevent other sounds being heard, like my daughter shouting us from her bedroom, (she is disabled) so tech is not always the answer. However I will be looking for waterproof head/ear phones for use in the tub, but how will I hear myself shouting for help when I'm drowning ? ;-)
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