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LAND CHARGES ACT. 1925
Enquiries as to any outstanding notices, orders or charges were
dealt with in respect of premises.
NOISE ABATEMENT - Noise Abatement Act, 1960
Complaints relating to noise and vibration (other than caused
by aircraft) may now be dealt with under this Act which has extended the
powers previously contained in the London County Council (General Powers)
Act, 1937. A noise has no longer necessarily to be injurious or dangerous
to health.
Previously under common law action could be taken by any ten
householders directly affected but under the new Act this is now reduced to
three.
The Act stipulates that a "noise or vibration which is a nuisance
shall be a statutory nuisance" and subject to the remedies available under
the Public Health Act. The difficulty is in proving the nuisance. There
are so many subjective and objective factors in the assessment of noise which
can vary in so many particulars and in its effect on people. Just as one
man's meat is another man's poison so one man's euphony is another's cacophony.
Some people appear incapable of existing without background noise. Others
either don't appear to notice or else are not annoyed by noises which drive
others frantic. As for example the people who are insensitive to noises
created by themselves or their possessions - their children, their animals,
their wireless or television, even their smoker's cough. Again, people can
be intensely annoyed by faintly audible sounds while the much louder sounds
of aircraft, trains or traffic pass unheeded.
This very brief mention of some of the simpler aspects of the large
and complicated problem of noise will, it is hoped, give an indication of
the difficulty of establishing what constitutes a noise nuisance. Even
then a further legal obstacle has still to be overcome. As the law stands
it is a defence to prove that "the best practicable means have been used for
preventing and for counteracting the effect of the noise or vibration".
Section 2 of the Act deals with the operation of loudspeakers on the
highway and with certain exceptions loudspeakers shall not be used between
9 p.m. and 8 a.m. for any purpose or at any time for the purpose of
advertising any entertainment, trade or business. Perhaps it is unfortunate
that this restriction cannot be applied at all times to personal transistor
type radios.
The use of musical chimes to advertise the sale of ice-cream is
permissible but restricted to the hours between Noon and 7 p.m.
Thirty-three complaints were received regarding extract fans in
restaurants and commercial premises: mechanical grab on building site:
early morning delivery of milk: loud gas works siren: use of circular saws:
use of electric drills: motor car repairs: workshop repairs: noisy tenants