Pollution - individual action

What if the pollution team are not able to witness the problem?

Sometimes we are unable to take action, due to the infrequency of the noise, or the fact that we are unable to witness it. In this case it is possible to take your own action. 

Individuals may take their own formal action through Section 82 of the Environmental Protection Act 1990. 

Before taking action under Section 82, every attempt should be made to remedy the situation by discussing it with the persons causing the nuisance, and/or owner of property where the noise occurs. If this does not work you should then put your complaint in writing (remember to date the letter and keep a copy).

How do I apply to the court?

For your action to succeed the strength and detail of the evidence submitted is of utmost importance. You are advised to keep a log of noise nuisance incidents which should include the dates when it has occurred, the time it starts and stops and description of the noise and the effect it has on you - e.g. preventing or interrupting sleep, relaxing, reading or watching T.V. etc. A noise questionnaire/diary sheet should be used. Noise diaries of other neighbours aggrieved by the noises will help your case.

Before starting action under Section 82, it is a requirement that you give at least 3 days notice of your intention to bring the proceedings. You may then apply to the Court for a summons requiring the person, against whom you wish to complain, to appear in Court. Application for summonses must be made in writing to the court or in person.

If writing, your application should be addressed to the Clerk of the Court and should state the name and address of the person against whom the complaint is made. It should also set out details of alleged nuisance i.e. the type of noise, how long it goes on for, etc.

If you have an arguable case, you will be given the time and date of the hearing of the case, and a summons will be issued and served on the defendant.

After the issue of a summons, you should continue to keep a written record of the evidence as described before and you should bring all your evidence to the court with you on the date of the hearing. At the hearing it is possible to present your own case i.e. without legal representation and the Clerk of the Court will be able to advise you further on procedures. However you may need independent legal advice from a solicitor.

If the defendant admits the nuisance the case will be heard on the date of the summons. If the defendant denies the nuisance then the case may be adjourned on the request of the defendant to prepare his/her case, or the Court does not have sufficient time to hear all the evidence.

What action will the courts take?

If the Magistrates Court is satisfied that the alleged nuisance exists, or although abated is likely to recur, they can make and order requiring the defendant to abate the nuisance within a time specified in the order, or prohibit the recurrence of the nuisance.

At the hearing if it is proved that the alleged nuisance exists the defendant will be ordered to pay to you such amount as the Court considers reasonably sufficient to compensate you for any expenses properly incurred by you in the proceedings.

If the order made is not complied with, then further proceedings must be taken in the Magistrates' Court. The Court can, on conviction, impose a maximum fine of £5,000 together with a further fine of £500 for each day the offence continues after the conviction.

Further details of the procedures involved are available from the clerk to the local magistrate's court. 

For further information contact:

West London Magistrates' Court
181 Talgarth Road
London
W6 8DN

020 8700 9350