Posted By JWG In speaking in passing to someone, they have been served with abatement orders for nuisance noise and light. It's due to complaints form neighbours about their FLTs reversing siren and flashing light and have been told they must not be used, and the Environmental Health lot insisted they be disconnected whilst they were there. The company in question has been there for many years and the neighbours are in new built houses. In my opinion, due to the environment the FLT is used, the siren and flashing light are justified in the interest of safety, and has been identified as such in their risk assessments. What is more inportant, preventing a NUISSENCE or SERIOUS INJURY?? Comments welcome...

Posted By Robert K Lewis There is no firm answer to this. The firm in question needs to appeal this and apply for a section 60 consent. This will then provide an agreed limit for the noise and permitted times of the emmission of such noise. The levels are generally around the best practicable means. Noise after around 8pm will almost certainly be curtailed. They should havbe taken action however at the planning stage to truly fully protect their position. Better late than never though. Give me a call on Monday for fuller discussion offline. Bob

Posted By Richard Altoft The nuisance is created at the houses and then only at evenings, nights and weekends but to be effective the siren and flashing light only need to be noticeable immediately adj to the FLT. So shield the lights and calm down the sirens. Or be selective about working hours nearest the houses or erect acoustic barriers. All are reasonably practicable options. Better still get all pedestrians out of the FLT working areas and then sirens etc not needed at all. Hierarchy of controls applies. Simple enough.There is no precedence of environmental law over H&S Law they are both equal and both have to be complied with. With all the options available to make H&S effective without creating a nuisance I would not rely on H&S as a defence if you do get prosecuted. R R

Posted By Raymond Rapp An interesting case and if appealed I suspect that the proprietor would get a more sympathetic perspective in the courts. One of the reasons is that because the houses have been built in the area where the company has operated for some time. There is some case law but finding a particular case that fits the circumstances is always very difficult in nuisance law. However the principle is that the interference must be substantial (not trivial) and in deciding whether it is the court must weigh up two conflicting interests. The right of the claimant to peaceful enjoyment of their property and the right of the defendant to use their property in a reasonable way. I suggest the latter with the emphasis on safety would weigh very strongly if favour of the proprietor. Ray

Posted By Adrian Watson The simple answer is that neither takes precedence; Where there is a need to comply with more than one piece of legislation, all must be complied with in their entirety! Bob, Section 60 of the Control of Pollution Act 1974 does not appear to be of relevance as it applies only to construction works. Regards Adrian Watson

Posted By Robert K Lewis A sudden thought that has just occurred is to ask under what legislation the abatement notice has been issued. If it is under the Noise Act 1996 I seem to think this only applies to nightime nuisances. Whatever the window for appeal is very narrow. Bob

Posted By Heather Collins Mitch Sorry but this isn't correct. I used to work on a site that had been there for 100 years. When newer houses were built right against the site boundary it was us that were expected to change. Being a long-term industrial occupier gives you no additional rights in my experience.

Posted By Dave Wilson All must be complied with! I'm with Adrian here. There is NO DEFENCE in law to say that you came to a nuisance as what may be nuisance to one person may not be to another, the man on the Clapham omnibus and all that If memory recalls I think there is a BS 4142 rating of industrial noise or something like that which may be of help in this area.