Types of noise nuisance
On this page
— Aircraft noise
— Street performers
— Audible bird scarers
— Barking dogs
— Intruder alarms
— Vehicle alarms
— Fireworks
— Construction sites
Aircraft noise
Although in recent years there has been an overall drop in noise reports attributable to regional aviation traffic, Winchester City Council continues to work with Southampton International Airport to minimise noise pollution where possible.
What we do
Council officers attend the airport’s Technical Working Group, which meets three times per annum to consult on airport operational matters that may affect the local communities of Eastleigh, Southampton and Winchester. This group feeds into the airport’s Consultative Committee, where operational issues, such as environmental noise, are tabled for discussion by the membership.
The Committee consists of local political and community stakeholders, including Winchester City Council which holds two seats, one of which is currently allocated to Winchester Air Group (WAG).
The Agenda and Minutes for the Southampton Airport Consultative Committee can be found on Eastleigh Borough Council’s web pages as the host authority.
Reporting
If you wish to report aircraft noise, you can do so direct to Southampton International Airport through one of the following media:
- Telephone: 2380 627 070
- Email: community@southamptonairport.com
- Post: Write to Noise and Flight Evaluation Unit, Southampton Airport, Southampton SO18 2NL
Further information on general aviation noise and the Southampton International Airport Noise Management Plan can be found on their website.
Street performers
Street entertainment is a regular part of the street scene when visiting the historic city of Winchester. It can help to create a colourful and cheerful atmosphere for residents and visitors alike.
However, for those living or working in the city centre, it can become intrusive or annoying and may lead to nuisance, in which case we may well receive reports about the noise. This can be exacerbated if the performers spend all their time at one location.
The law
Under the provisions of the Noise and Statutory Nuisance Act 1993, noise from equipment used in the streets can be dealt with as a statutory nuisance. ‘Equipment’ includes amplified musical instruments and the Act can apply if a busker is singing with any form of amplification system.
Currently there is no specific street performer licensing scheme operating in Winchester City Centre.
What should you do?
If you find you are being disturbed by street performers, either outside your place of work or where you live, then ask them if they would move on. If this does not resolve the issue then contact the Environmental Protection team:
- Email: eh@winchester.gov.uk
- Telephone: 01962 848 097
Audible bird scarers
The use of audible bird scarers is common across Winchester's District, especially in the early months of the year to protect rape fields from serious pigeon damage. If you are hearing what sounds like gunshots on a regular basis, then it is probable that bird scarers are the source. The Council's policy is to accept that there is a necessity for their use, provided they are following the National Farmers Union (NFU) Code of Practice.
If you are suffering a noise problem from bird scarers and you consider the farmer is not following this guidance then we may be able to help. Contact the Environmental Protection team:
- Email: eh@winchester.gov.uk
- Telephone: 01962 848 097
When contacting us it would be useful if you could provide the exact location of the bird scarers and any contact details for the farmer owning the devices.
Barking dogs
Dog barking is one of the most common noise reports that we receive at the Council. Most reports fall into the following categories:
- A dog is left alone in the house and barks while the owner is out
- A dog is left alone outside or with access to the garden and barks a lot
- When the dog is let out, it barks continuously for long periods before being brought back in.
The problem might be worse if the dog is barking overnight or very early in the morning as this will disturb sleep.
- Online: Fill out a Statutory Nuisance Report
- Email: eh@winchester.gov.uk
- Telephone: 01962 848 097
Intruder alarms
If an alarm is causing a noise disturbance and no one is available to respond we have powers to silence the alarm under the Clean Neighbourhoods and Environment Act 2005 if:
- The alarm has been sounding for more than 20 minutes continuously or intermittently for more than one hour, and
- Is likely to give persons living or working in the vicinity reasonable cause for annoyance.
If the alarm is confirmed to be causing a disturbance we can take whatever steps are necessary to silence the alarm. Where possible our preferred option is to disable the externally mounted alarm box.
If it is not possible to silence the alarm from outside the premises then Section 78 of the Act allows us to apply for a warrant to forcibly enter the property.
In either case all costs incurred with silencing the alarm will be recovered from the person responsible for the alarm, which will usually be the owner of the property. Typical costs for silencing the alarm externally are around £200; the costs are substantially more if entry to the property is required. To avoid unnecessary expense, make sure your alarm has a cut out device to silence it after 20 minutes.
If you wish to report a sounding intruder alarm please contact us on 01962 848097 with the following details:
- Address of the house/premises
- Duration that the alarm has been sounding
- Any identification markings on the alarm box
- Name and location of the occupier (if known)
If it appears that the property has been broken into, please contact the police.
We do not operate an out-of-hours service, so outside office hours contact the 101 service.
Vehicle alarms
Under the provisions of the Noise and Statutory Nuisance Act 1993, if a vehicle is parked on the highway or in a public car park and the alarm sounds for more than one hour, notice can be served on the vehicle owner. The notice permits us to stop the noise by, if necessary, forcibly entering the vehicle or removing it to a suitable place to silence the alarm. The owner or keeper of the vehicle will be responsible for any cost incurred.
Where vehicles are parked on private land, such as the driveway of a house, a slightly different procedure applies as a warrant is required to enter the vehicle or to remove it.
To avoid potential problems, vehicle owners should ensure that their vehicle alarm:
- Is fitted by a competent installer
- Has an automatic cut out which will silence the alarm after 20 minutes
- Is checked regularly to make sure it is functioning correctly
- Is repaired immediately, if a fault develops.
If you wish to report a car alarm please contact us on 01962 848097 with the following details:
- The make/model and registration number of the vehicle
- Duration that the alarm has been sounding
- Exact location of the vehicle
- Name and location of the owner (if known).
If it appears that the vehicle has been broken into, please contact the police.
We do not operate an out-of-hours service, so outside office hours contact the 101 service.
Fireworks
We are often asked to clarify what the law is regarding fireworks. Retailers must only sell fireworks that conform to British Safety Standards and meet certain noise conditions. They must have BS 7114 printed on the box. Unless they have a special licence, suppliers must only sell fireworks during the weeks leading up to Bonfire Night, New Year's Eve, Diwali and Chinese New Year. Enforcement rests with Hampshire County Council Trading Standards - you can contact them by calling 0808 223 1133.
In regulations made under the Fireworks Act 2003, it is an offence for under 18s to possess fireworks in a public place and for anyone to let fireworks off during night hours (11pm to 7am). The only exemptions to this law are on 5 November when you can set them off until midnight and New Year's Eve, Chinese New Year and Diwali when they can be set off until 1am.
Enforcement rests with the police who have the power to issue penalty notices (fines) for disorder of these offences.
It is also an offence under Section 80 of the Explosives Act 1875 to throw or set off fireworks in any highway, street, thoroughfare or public place. The power to enforce this section of the Act also rests with the police.
It is very unlikely that fireworks will ever be frequent enough from any particular premises to constitute a statutory nuisance.
Further guidance can be found in the Government publication titled Celebrating with bonfires and fireworks - A community guide to organising bonfires and fireworks.
Construction sites
The majority of construction or demolition projects taking place within the Winchester District would normally need prior approval from the Planning Department and if you require any information about a particular project you should contact them first.
The Environmental Protection Team may become involved if the noise or dust from a site is causing a nuisance to nearby residents.
The problems of noise or other nuisance arising from construction activities can be fairly short-lived, depending on the nature of the construction project. As such, it may be difficult or impracticable to deal with them in the same way as with normal statutory nuisance.
We will often already be aware of larger construction projects through our involvement, as an internal consultee, in the planning application process. In such circumstances, the planning permission may include a note to the applicant detailing the normal hours of operation as 0800-1800 Monday to Friday, 0800-1300 Saturday and at no time on Sundays or Bank Holidays.
These times are regarded by us as reasonable hours of operation and should limit the amount of nuisance caused to occupiers of nearby properties.
On major developments an environmental management plan is usually required to be submitted as a condition of the planning permission granted. This plan should include the developers proposed actions to prevent/minimise noise and dust problems from construction activities.
Legislation
As with any other nuisance, it is possible to deal with this problem under section 80 of the Environmental Protection Act 1990 (EPA 90). However, due to the short-lived nature of many sites, this may be impracticable. In such cases the Control of Pollution Act 1974 (COPA) can be used. Under Section 60 of COPA a notice can be served which controls the way the works are to be done, including hours of operation and the plant or machinery which can be used.
Good Practice
If you are considering a construction or demolition project, no matter what size, here are some tips on good practice.
- Keep any noisy activities restricted to the following hours:
- Monday to Friday 0800-1800 hours
- Saturday 0800-1300 hours
- At no times on Sundays or Bank Holidays. - Warn neighbours before the works take place and give them some idea of how long they will take. Where practical provide them with the contact details of the site manager, so if any problems arise there is a first point of contact.
- If the works are likely to generate large amounts of dust, have provisions in place to control the dust, such as dampening down or dust screens.
- If necessary install wheel washers to prevent mud being deposited on the highway.
- Do not burn any material on site. Remove all waste and dispose of it in a reasonable manner.
- On large sites, whenever possible, perform noisy operations away from adjacent housing.
- Ensure stereos and radios are kept down to reasonable levels.
Contact us
If you are bothered by persistent noise or dust from a construction site, you should contact the Environmental Protection Team:
- Email: eh@winchester.gov.uk
- Telephone: 01962 848 097
You may be requested to put your report in writing or complete log sheets, depending on the nature of your report. If the activities on the site are unreasonable, we shall contact the site manager and try to resolve your issue informally. If the problems persist, we shall consider the use of legal notices as discussed above.