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The work undertaken by the Public Health Department is a
small part of that taking place throughout the country, and all
results obtained in Kensington are forwarded to the Fuel Research
Station of the Department of Scientific and Industrial Research
for correlation with results obtained in all other districts.
In this connection it is a matter of interest that at the
request of the Department of Scientific and Industrial Research the
Council use a Reflectometer for measuring the amount of atmospheric
pollution recorded by the filter papers at the three smoke measuring
stations maintained in the borough by the Council. This instrument
enables greater accuracy to be obtained and eliminates the possibility
of human error.
NOISE ABATEMENT ACT. 1960
This Act came into operation on 27th November, 1960.
Under Section 1 any noise or vibration which would amount to a
nuisance at common law is deemed to be a statutory nuisance which
can be dealt with according to the procedure provided in Part III
of the Public Health Act, 1936.
In London, Section 66 of the London County Council
(General Powers) Act, 1937 has for many years given Metropolitan
Borough Councils power to deal with noise as a nuisance under the
Public Health (London) Act, 1936, where a person made or caused to
be made or continued an excessive or unreasonable or unnecessary
noise which was injurious or dangerous to health.
The Noise Abatement Act, 1960 amended this Section to
conform with the new meaning of noise nuisance.
Local authorities are now able to require the abatement
of a noise or vibration nuisance (not necessarily injurious or
dangerous to health) by the service of an abatement notice on the
person causing the nuisance, and, if the Notice is not complied
with, it can be enforced by proceedings in a Magistrate's Court.
Apart from action by a local authority, any three or
more occupiers of land or premises who are aggrieved by a noise
or vibration nuisance may make complaint direct to a Magistrate.
Complaints are received in the department from time to
time regarding noise nuisances, mainly arising as a result of
industrial work. In all cases, during 1962, remedies were secured
without recourse to legal action.
It should be noted that, in the case of noise or vibration
caused in the course of a trade or business, it is a defence
in any proceedings to show that the best practicable means have
been used for preventing it and counteracting its effect.
Section 2 of the Act deals with the use of loudspeakers
in streets. It prohibits their use for any purpose between 9 p.m.
and 8 a.m. except in the special circumstances defined in subsection
2 of the section, and at any other time for advertising
any trade, business or entertainment, with the exception that
between noon and 7 p.m. a loudspeaker fixed to a vehicle used for
the sale of perishable foodstuffs may be operated to announce that
the commodities are on sale: the loudspeaker is, however, not to
be so operated as to give reasonable cause for annoyance to persons
in the vicinity.