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Whilst it may not be difficult to establish in certain cases
that a noise is "injurious or dangerous to health," it is far more
difficult to conclude that it is " excessive or unreasonable or
unnecessary " and that "the best practicable means of preventing
or mitigating the nuisance" have not been taken. It may well
be that the time has come for additional legislation on this
subject.
Nuisances from noise are of increasing importance nowadays,
and there is no doubt that they can constitute a very real
menace to the public health. Apart from physical ill-effects to
the hearing apparatus, the annoyance may result in lack of sleep
and considerable mental anxiety. Whilst due regard must be
paid to the inconvenience caused to the public, where factories
are already established and authorised under the Town Planning
Acts in built-up areas, and all practicable means are taken by the
managements to reduce the noise, it is extremely difficult to take
statutory action. It is unfortunate that in so many of these
complaints one has eventually to inform the complainants that
nothing more can be done by the Public Health Department, but
that the only remaining course is for not less than three householders
or occupiers within hearing of the noise to take action
through the civil courts.
The practice of seeking the goodwill and co-operation of the
factory management has generally produced good results, and
only in the event of an obstructive or apathetic attitude on the
part of the person or persons responsible for the noise nuisance
would it appear that legal proceedings may be justified.
There is a more recent series of complaints in connection
with the breaking-up of old cars on the many pieces of unfenced
waste land which were formerly the site of war-damaged property,
and the running of motor engines of vehicles parked near
private dwellings late at night or in the early morning.