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to find any evidence that moderate noise produces any direct and measurable physiological effect
on the average person. The general effect on health must therefore be more psychological than
physical. The Committee also found very little specific evidence to support the view that noise
causes mental or nervous illness and were unaware of any reliable studies of the effects of noise on
the mental health of an ordinary population. In their opinion, one of the commonest and most
undesirable effects of noise is its interference with communication based on sound.
The Law relating to Noise—(i) Common Law: Noise can be the subject of a civil action for
nuisance at Common Law. Nuisance has been defined as "the wrong done to a man by unlawfully
disturbing him in the enjoyment of his property", and the disturbance may take the form of injury to
property or interference with personal comfort. In England and Wales the remedy sought in an
action for a nuisance at Common Law is an injunction restraining the defendant from continuing
the nuisance. Sometimes damages are sought in addition, and if proceedings are brought at a
County Court it is necessary for the plaintiff to claim damages as well as an injunction, since
otherwise the Court has no jurisdiction.
(ii) Noise Abatement Act 1960. Under Section 1 of this Act, noise which is a nuisance becomes
a "statutory nuisance" and so subject to the provisions of Part III of the Public Health Act 1936.
This provides a procedure for the abatement of nuisances specified in the Act as "statutory nuisances".
Where a Local Authority is satisfied of the existence of a statutory nuisance it is required to serve
an abatement notice on the person causing the alleged nuisance or, if he cannot be found, on the
owner or occupier of the premises on which the nuisance arises. The notice requires him to abate
the nuisance and if it is not complied with or if the nuisance although abated since the service
of the notice is in the opinion of the Local Authority likely to recur on the same premises, the Local
Authority must bring proceedings in a Magistrates Court for its enforcement. If the Magistrates
are satisfied that a nuisance still exists or, although abated, is likely to recur on the same premises,
they will issue an Order—called a "Nuisance Order"— requiring the nuisance to be abated on pain
of a fine and a continued daily penalty for as long as the nuisance persists. A Local Authority which
is of the opinion that summary proceedings would afford an inadequate remedy for a statutory
nuisance may take action in the High Court for its abatement.
Proceedings may also be started by a complaint to a Magistrate made by any three or more
persons who, as occupiers of land or premises, are aggrieved by a nuisance. By requiring at least
three separate occupiers to complain the provision minimises the risk of vexatious proceedings as,
for example, among neighbours, which is possibly greater in the case of noise than with other
nuisances since noise is so much a matter of personal reaction and temperament.
It should be noted that noise and vibration caused by statutory undertakers are exempt from the
provisions of the Noise Abatement Act, as also are noise or vibration created by aircraft.
(iii) The Civil Aviation Act 1949, however, contains provisions for dealing with:— (a) noise
and vibration caused by an aircraft on an aerodrome and (b) liability for nuisance caused by aircraft
in flight. In the latter case, no action lies in respect of nuisance by reason only of the flight
of an aircraft over any property at a height above the ground which having regard to wind, weather
and all the circumstances of the case is reasonable or by reason only of the ordinary incidents of
such flight, so long as the provisions of the Act are duly complied with. Thus, the protection
given is lost if the aircraft flies below a reasonable height or if, in any respect, the provisions of the
Act have not been complied with in relation to the aircraft. A system of monitoring is in operation
in and around London which applies to noise or vibration created by aircraft provisional standards
which differ during the night from those applicable during the day.
(iv) Local Government Act 1933 (Sec. 249). Bye-laws made under this Act give Local
Authorities a measure of control over music near houses, near churches and near hospitals, and
noise from organs, wireless loud speakers, noisy street trading, touting, shooting galleries, noisy
animals and bird-scaring devices as well as the use of indecent language, which may also involve
a noise element.
(v) Road Traffic Act 1930 and Motor Vehicles (Construction and Use), Regulations made under
the Act. Authority under this legislation is vested in the Police and relates to noise from cars and
other motor vehicles.
(vi) Metropolitan Police Act 1839 (Sec. 54), and the Public Control Act 1936 (Sec. 5).
These Acts refer to disorderly conduct and are also enforced by the Police
Classification of Noise Nuisances—Nuisances from noise may be broadly classified as follows:—
(1) Those arising from the personal behaviour of individuals or groups of persons to the
detriment of their neighbours or others, e.g. loud speakers, bands, parties, uncontrolled
animals, avoidable noise from motor vehicles, etc., and