ePetition details
Petition from Langley Vale residents regarding ASB and noise issues
Many residents have knocked at the houses on each occasion but with
no success in
reducing the noise level. In addition, Epsom & Ewell Council
have been contacted by the
police, local councillors and Chris Grayling MP but no resolution
has been offered.
• We expect your noise reporting procedures to be reviewed
and an effective
response for dealing with noise issues implemented.
• We expect this review to take place within a specified time
frame and with a
comprehensive, time-measurable implementation of new procedures and
a timemeasurable
framework for the escalation of noise reporting procedures.
• We expect action to be taken regarding all the ASB including
noise in langley Vale
village that has been reported in the last year and these matters
to be successfully
resolved. Please contact the petition organiser, if you cannot
locate the
paperwork you have received regarding these matters.
• These repeated incidents are affecting the quality of life
of Langley Vale residents
and we expect it to be dealt with by EEBC immediately and
effectively.
Started by: Petition administrator
On reaching 20 signatures this will be acknowledged as a petition by the Council, and the issue will be investigated by Officers.
This ePetition ran from 08/09/2020 to 08/09/2020 and has now finished.
20 people signed this ePetition.
Council response
Thank you for your petition regarding concerns about the Council's procedures for reporting noise nuisances and other anti-social behaviour matters. I note that you consider the procedures employed by this Council for reporting noise are ineffective and inadequate.
When the Council receives reports of alleged statutory nuisances, such as noisy neighbours, the Council's officers are under a duty to carry out a reasonable investigation to determine whether the nuisance is sufficient to be considered a statutory nuisance. Where the Council has sufficient evidence that a statutory nuisance exists an abatement notice will be served.
The evidence the officers will need to gather, includes evidence about the nature of the alleged nuisance, including when, for what duration and how frequently it occurs as well as how intrusive it is and whether it is unreasonable or not. The officer will also need to know how this nuisance materially interferes with an individual's way of life.
Typically the Council will ask for a written record of details about the nuisance being experienced, including aspects of the nuisance as described above. It important that the evidence gathered is reliable, contemporaneous and has sufficient relevant details so that it can be used as key evidence, should the case proceed to court.
Often the nuisance being complained about does not occur at
specific times or when the Council's offices are open. In such
instances the Council can install digital noise monitoring
equipment and the resident can make use of the Noise App to assist
with the gathering of this essential evidence. Local residents can
also contact the out of office hours emergency contact centre,
where reports of nuisance occurring at these times will be recorded
and passed onto the Environmental Health team the following working
day.
The Council, in common with many other authorities, does not
operate a 24 hour 7 day noise patrol service. There are some
Councils, particularly those in inner city or university locations
which offer a limited weekend service.
The Council does investigate noise complaints. Our reporting processes in place are used by many residents who successfully report issues to the Council, which then allows the Council to take appropriate action. I do appreciate that gathering evidence to substantiate a statutory nuisance, which will require maintaining a written noise record, can be frustrating. However, the Council would be relying on this key evidence first to be able to issue a noise abatement notice and then if necessary, for any prosecution in the event the notice is not complied with. It is essential that this evidence is sufficiently strong to demonstrate the nuisance being complained about reaches the legal test of constituting a statutory nuisance.
I am not aware of any issues that would indicate that these procedures are ineffective or inadequate. The Council's arrangements for reporting nuisances are in line with those used by most Councils in England.
Yours sincerely,
Rod Brown
Head of Housing and Community Services