Pollution control - noise

The council has a statutory duty to deal with noise complaints. In many cases it is sometimes better to contact the person causing the nuisance yourself.

Some neighbour noise is unavoidable, but some can cause real distress. However, sometimes people need a reminder to be a little more considerate to their neighbours.

Frequently the disturbance is caused by barking dogs, loud music or TV, shouting, banging doors and DIY activities.

Maidstone Borough Council and its partners are here to help but sometimes there are a few steps you should try first.

Start by building a relationship with your neighbour
Have a quiet word about the problem
Have another word: explain the impact on your family
Use Maidstone Mediation Services Tel: 01622 692 843
If your neighbour lives in rented or a housing association property, contact their landlord and discuss the problem
Contact Maidstone Borough Council Noise Team Tel: 01622 602 202
Contact a solicitor about private legal action

For further information about noise and what services Maidstone Borough Council can provide please read our Too Loud is Not Aloud leaflet.

However, if the first five points above fail, the Environmantal Enforcement will try to establish whether a nuisance exists and take appropriate steps to resolve it, which may result in service of notice and prosecution in the Magistrate's Court.

Noise as a Statutory Nuisance

Noise is defined as a statutory nuisance by the Environmental Protection Act 1990, and may include:

Domestic noise - including amplified music and DIY.
Industrial and Commercial noise.
Agricultural noise, including bird scarers.
Barking dogs.
Leisure activities, e.g. clay pigeon shoots, concerts, motor events, model aircraft.
Noise from stationery vehicles, equipment and machinery in the street.
Audible intruder alarms. Vehicle alarms.
The Control of Pollution Act, 1974, also adds noise from construction sites and demolition works.

Non statutory noise issues

These do not warrant action by the Environmental Enforcement Department:

Domestic sounds of occupation for example:

Slamming doors
Raised voices
Children

These issues are best dealt with by mediation, citizens advice bureau and/or legal advice.

Noise that is exempt from council investigation

Moving traffic (vehicles, rail and CTRL) noise.
Aircraft - fixed wing and helicopters (Civil Aviation Authority).
Armed forces activities.

Out of hours emergency noise (and other) service

The council provides a limited out of hours: 5pm- 12am Monday to Thursday, 4.30pm-12am Friday and 8am-12am Saturday and Sunday.

Emergency service for the following issues only:

Audible Intruder and Vehicle Alarms
Major noise-generating events (e.g. illegal raves) with Police support only
Drainage issues - call Southern Water on 0845 278 0845
Communicable Disease Control
Fatal Accidents
Food Poisoning Outbreaks
Major Food Emergencies

If you have a complaint that falls into these categories only, telephone the council out of hours number on 01622 602000.

All other complaints will be logged but not actioned until the next working day.

Planning and Noise

Introduction

The Environmental Health Department are consulted by our Development Control colleagues on planning applications where matters such as noise could be raised. This section hopefully provides both residents and developers with a clear idea of the standards expected in relation to planning and noise.

Good town planning and urban design can help to improve the Maidstone Borough Council area in a more sustainable way.

This will require careful consideration of the adverse impact of noise on new developments, noise from new developments on existing residents, or in the vicinity of development proposals. We seek good standards of acoustic design, including better sound insulation for new and existing homes and anticipate properties will comply with the relevant Environmental Standards imposed.

The three main areas considered are:

Noisy Developments

Noise Sensitive Developments

Mixed use Developments

Whilst each application is considered in its own right we recognise the need for consistency in our standards and will follow these principles unless sound alternatives are provided.

Central Government Guidance and relevant documents:

Planning Policy Guidance 24 (PPG24): Planning and Noise
BS4142: 2002 Method for rating industrial noise affecting mixed residential and industrial areas.
BS 8233:1999 Sound insulation and noise reduction for buildings - Code of practice.
BS 7445: PART 1: 2003 Description and measurement of environmental noise – Guide to quantities and procedures
BS 5228: Part 1: 2009 Noise control on construction and open sites
Calculation of Railway Noise 1993 and Calculation of Road traffic Noise 1988
Draft Code of Practice for Pubs and Clubs published by the Institute of Acoustics
BREEAM Standards BRE (Environmental Assessment Method)
World Health Organisation (WHO) guidelines for Community Noise: 1999
World Health Organisation (WHO) guidelines for Night Time Noise: 2009
DEFRA Guidance on the control of odour and noise from commercial kitchen exhaust systems: Particularly Annex B -Information required to support planning application for commercial kitchen

Potentially noisy developments

Examples of noisy development are places of entertainment, industrial and commercial sites, and proposals for installation of building services plant.

Noisy developments require assessment and control to ensure noise does not affect the amenity of adjacent residential occupiers.

Places of entertainment are assessed using guidance in PPG24 and the Draft Code of Practice for Pubs and Clubs published by the Institute of Acoustics.

It is technically possible to ensure noise breakout from a place of entertainment does not affect adjacent residents. However noise and associated disturbance from activities of patrons external to the premises are not underestimated as a source of disturbance and are also assessed.

Noise from industrial and commercial developments including externally located building services plant shall be designed so as not to increase the existing L_{A90(1 hour)} background noise level measured or predicted 1.0m from the nearest residential window or at a height of 1.2m above any adjacent residential garden, terrace, balcony or patio.

Planning applications for the above types of development should be submitted, together with a noise survey and report prepared by a competent noise consultant.

Noise sensitive developments

Examples of noise sensitive developments are residential dwellings, hospitals, clinics and schools.

Noise sensitive developments, particularly residential dwellings, require protection from existing environmental noise and are assessed in accordance with Planning Policy Guidance 24 (PPG24): Planning and Noise issued by Government and British Standard 8233:1999. Sound insulation and noise reduction for buildings - Code of practice.

For instance a good standard of noise insulation against external noise for residential bedrooms should achieve a level of 30dB L_{Aeq(8 hour)}, internally at night. Should you be concerned regarding noise impact from new development or proposing a new development and require clarification or information contact the Environmental Health Pollution section. We are unable to review full documentation prior to submission but can comment on the appropriateness of methodology etc.

Mixed use sites

The mixing of land uses can reduce the need to travel, and retail, offices and other uses can screen housing from noise. Special care is needed with uses active late at night or early in the morning. However, urban vitality can be achieved with different degrees and types of mix. In many cases, vibrant frontages can be reconciled with quiet back courts, particularly if these can be freed of cars and noisy ventilation plant.

Passive ventilation and cooling of buildings can avoid annoying fan and other plant noise. Building over suitable railways, roads, superstore car parks and other facilities could provide new spaces for recreation, housing and commercial purposes, while at the same time protecting occupants and surrounding areas from noise.

We will expect proposals which include residential development on sites with potential noise problems to be accompanied by details of the measures taken to deal with noise.